Authorization of Issuance of Notes Sample Clauses

Authorization of Issuance of Notes. The Company has duly authorized the issuance and sale of its Subordinated Secured Notes due January 31, 2002 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to the terms of this Agreement) in the aggregate principal amount of $7,000,000, to be acquired by the Purchasers in accordance with the terms of this Agreement. The Notes shall be substantially in the form set out in Exhibit A hereto, with such changes thereto, if any, as may be approved by the Principal Purchaser and the Company.
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Authorization of Issuance of Notes. The Company has authorized the issue and sale of $700,000 in aggregate principal amount of its Secured Bridge Notes due December 31, 2003 (such notes being referred to herein as the "Notes"). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. The Notes shall bear the legend set forth on the form of Note set out in Exhibit 1 and shall include such other notations, legends or endorsements as required by law. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Agreement and, accordingly, the Company and the Purchasers, by their execution and delivery of this Agreement, expressly agree to such terms and provisions and to be bound thereby.
Authorization of Issuance of Notes. The first sentence of Article I of the Note Purchase Agreement is deleted in its entirety and the following inserted in lieu thereof: The Company has authorized the issue and sale to the Purchasers of $15,000,000 in aggregate principal amount of its 11.5% Convertible Subordinated Promissory Notes due July 1, 2009 (the notes being referred to herein as the “Notes”). At the election of the Purchasers in their sole discretion and upon written notice to the Company no later than May 15, 2009, such maturity date shall be extended until July 1, 2012.
Authorization of Issuance of Notes. Subject to the terms and conditions hereof, the Company and Subsidiaries have authorized the issuance at one or more Closings of an aggregate of up to Four Million Five Hundred Thousand Dollars ($4,500,000) of one or more promissory notes in the form of Exhibit B attached hereto (collectively the “Notes”) for an aggregate purchase price of Four Million Five Hundred Thousand Dollars ($4,500,000). The Notes shall be secured by certain assets of the Company and Subsidiaries as set forth in the Security Agreement and Mortgages and shall be subordinate to the Senior Financing.
Authorization of Issuance of Notes. The Company has authorized the issue and sale to the Purchasers of $15,000,000 in principal amount of its 10.75% Secured Note due April 1, 2010 (the notes being referred to herein as the "Notes"). The Notes shall be substantially in the form set out in Exhibit 1. The terms and provisions contained in the Notes shall constitute, and are hereby expressly made, a part of this Agreement and, accordingly, each of the Purchasers and the Company, by its respective execution and delivery of this Agreement, expressly agree to the terms and provisions thereof and to be bound thereby. In the event of any conflict between the terms of the Notes and the terms of this Agreement, this Agreement shall control.
Authorization of Issuance of Notes. The Company has duly authorized the issuance and sale of its Senior Subordinated Notes due February 20, 2002 (the "Notes," such term to include any notes issued in substitution therefor pursuant to the terms of this Agreement), in the aggregate principal amount of $25,000,000, to be acquired by the Purchasers in accordance with the terms of this Agreement. The Guarantors have each duly authorized their respective guaranties of the Company's obligations under the Notes. The Notes shall be substantially in the form set out in EXHIBIT A hereto, with such changes thereto, if any, as may be approved by the Purchasers and the Company.

Related to Authorization of Issuance of Notes

  • Authorization of Issuers Each Grantor hereby expressly and irrevocably authorizes and instructs, without any further instructions from such Grantor, each issuer of any Pledged Collateral pledged hereunder by such Grantor to (i) comply with any instruction received by it from Agent in writing that states that an Event of Default is continuing and is otherwise in accordance with the terms of this Agreement and each Grantor agrees that such issuer shall be fully protected from Liabilities to such Grantor in so complying and (ii) unless otherwise expressly permitted hereby or the Credit Agreement, pay any dividend or make any other payment with respect to the Pledged Collateral directly to Agent.

  • Authorization of Indenture The Indenture has been duly authorized by the Company and, on the Closing Date, will have been duly executed and delivered by the Company, and assuming due authorization, execution and delivery of the Indenture by the Indenture Trustee, the Indenture will constitute a valid, legal and binding agreement of the Company, enforceable against the Company in accordance with its terms, except to the extent that enforceability may be limited by the Enforceability Exceptions.

  • Ratification of Indenture The Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Indenture in the manner and to the extent herein and therein provided.

  • Authorization of Notes The Company will authorize the issue and sale of $53,500,000 aggregate principal amount of its 7.25% Senior Notes due December 30, 2029 (the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13). The Notes shall be substantially in the form set out in Exhibit 1. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

  • Confirmation of Indenture The Base Indenture, as supplemented and amended by this Supplemental Indenture and all other indentures supplemental thereto, is in all respects ratified and confirmed, and the Base Indenture, this Supplemental Indenture and all indentures supplemental thereto shall be read, taken and construed as one and the same instrument.

  • Execution of Notes Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

  • Confirmation and Preservation of Indenture The Indenture as supplemented by this Supplemental Indenture is in all respects confirmed and preserved.

  • Due Authorization and Valid Issuance The Company has all requisite power and authority to execute, deliver and perform its obligations under the Agreements, and the Agreements have been duly authorized and validly executed and delivered by the Company and constitute legal, valid and binding agreements of the Company enforceable against the Company in accordance with their terms, except as rights to indemnity and contribution may be limited by state or federal securities laws or the public policy underlying such laws, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' and contracting parties' rights generally and except as enforceability may be subject to general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Shares being purchased by the Investor hereunder will, upon issuance and payment therefor pursuant to the terms hereof, be duly authorized, validly issued, fully-paid and nonassessable.

  • Issuance of Notes The Owner Trustee is hereby authorized and directed on behalf of the Trust to execute, issue and deliver the Notes pursuant to the Indenture.

  • Ratification of Indenture; Amendments As supplemented by this Indenture Supplement, the Indenture is in all respects ratified and confirmed and the Indenture as so supplemented by this Indenture Supplement shall be read, taken and construed as one and the same instrument. This Indenture Supplement may be amended only by a Supplemental Indenture entered in accordance with the terms of Section 9.1 or 9.2 of the Indenture. For purposes of the application of Section 9.2 to any amendment of this Indenture Supplement, the Series 2012-1 Noteholders shall be the only Noteholders whose vote shall be required.

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