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Common use of AUTHORIZATION OF ISSUE OF NOTES Clause in Contracts

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,000, to be dated the date of issue thereof, to mature, in the case of each Note so issued, no less than three years and no more than fifteen years after the date of original issuance thereof, to have a weighted average life of no more than twelve years, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Note, and to have such other particular terms, as shall be set forth in the applicable Confirmation of Acceptance delivered pursuant to paragraph 2B(5), and to be substantially in the form of Exhibit A attached hereto. The terms "Note" and "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Cedar Fair L P)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize has authorized the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,00075,000,000, to be dated the date of issue thereof, to mature, in the case of each Note so issued, no less more than three twenty years and from the date of original issuance, to have an average life, in the case of each Note so issued, of no more than fifteen years after the date of original issuance thereof, to have a weighted average life of no more than twelve years, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), and to be substantially in the form of Exhibit A attached hereto. The terms "Note" --------- and "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periodsperiods and (vi) the same date of issuance (which, in the case of a Note issued in exchange for another Note, shall be deemed for these purposes the date on which such Note's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Alexander & Baldwin Inc)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize has authorized the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "NotesNOTES") in the aggregate principal amount of $100,000,000, to be dated the date of issue thereof, ; to mature, in the case of each Note so issued, no less than three years and no more than fifteen 15 years after the date of original issuance thereof, ; to have a weighted an average life life, in the case of each note so issued, of no more than twelve years, 12 years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), Section 2.6; and to be substantially in the form of Exhibit A 1 attached hereto. The terms term "Note" and "NotesNOTES" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment installment payment dates, (iii) the same principal prepayment installment payment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a "SeriesSERIES" of Notes.. Capitalized terms used herein have the meanings specified in Schedule B.

Appears in 1 contract

Samples: Master Shelf Agreement (Lennox International Inc)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) has authorized and issued its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,000265,000,000, to be dated the date of issue thereof, to maturematuring, in the case of each Note so issued, no less than three years and no more than fifteen 12 years after the date of original issuance thereof, to have a weighted thereof (with an average life not in excess of no more than twelve 10 years), to bear bearing interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have having such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5)2F, and to be substantially in the form of Exhibit A A-1 attached hereto. The terms "Note" and term "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement (including the Original Notes) and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment installment payment dates, (iii) the same principal prepayment installment payment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, are herein called a "Series" of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.

Appears in 1 contract

Samples: Master Shelf Agreement (Western Gas Resources Inc)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize has authorized the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,00050,000,000, to be dated the date of issue thereof, to mature, in the case of each Note so issued, no less more than three twenty years and from the date of original issuance, to have an average life, in the case of each Note so issued, of no more than fifteen years after the date of original issuance thereof, to have a weighted average life of no more than twelve years, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), and to be substantially in the form of Exhibit A attached --------- hereto. The terms "NoteNOTE" and "NotesNOTES" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periodsperiods and (vi) the same date of issuance (which, in the case of a Note issued in exchange for another Note, shall be deemed for these purposes the date on which such Note's ultimate predecessor Note was issued), are herein called a "SeriesSERIES" of Notes.

Appears in 1 contract

Samples: Senior Promissory Note Agreement (Alexander & Baldwin Inc)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,000, to be dated the date of issue thereof, ; to mature, in the case of each Note so issued, no less than three years and no more than fifteen eight years after the date of original issuance thereof, ; to have a weighted an average life life, in the case of each Note so issued, of no more than twelve years, six years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), 2F; and to be substantially in the form of Exhibit A A-1 attached hereto. The terms "Note" and "term ‘Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a "Series" of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.

Appears in 1 contract

Samples: Master Shelf Agreement (Layne Christensen Co)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize has authorized the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issuei) its Series A senior promissory notes (herein called the "Series A Notes") in the aggregate principal amount of $100,000,00017,000,000, to be dated the date of issue thereofmaturing on August 31, to mature2005, in the case of each Note so issued, no less than three years and no more than fifteen years after the date of original issuance thereof, to have a weighted average life of no more than twelve years, to bear bearing interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Note, specified therein and to have such other particular terms, as shall be set forth in the applicable Confirmation of Acceptance delivered pursuant to paragraph 2B(5), and to be substantially in the form of Exhibit A attached hereto, and (ii) its Series B senior promissory notes (herein called the "Series B Notes") in the aggregate principal amount of $30,000,000, maturing on July 13, 2000, bearing interest on the unpaid principal thereof at the rate specified therein and substantially in the form of Exhibit B attached hereto. The terms "Note" and or "Notes" as used herein shall include each Series A Note and each Series B Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) which are otherwise designated a "Series" hereunder are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Imc Global Inc)

AUTHORIZATION OF ISSUE OF NOTES. The Company Companies will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its their senior promissory notes (herein called the "NotesNOTES") in the aggregate principal amount of up to $100,000,000140,000,000, to be dated the date of issue thereof, to mature, in the case of each Note so issued, no less than three years and no more than fifteen 15 years after from the date of original issuance issue thereof, to have a weighted an average life of no more than twelve 12 years, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5)2F, and to be substantially in the form of Exhibit A attached hereto. The terms term "Note" and "NotesNOTES" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment installment payment dates, (iii) the same principal prepayment installment payment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, are herein called a "SeriesSERIES" of Notes.

Appears in 1 contract

Samples: Master Shelf Agreement (American Freightways Corp)

AUTHORIZATION OF ISSUE OF NOTES. The Company will may, from time to time and in accordance with the terms of this Agreement, authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called as amended, restated or otherwise modified from time to time pursuant to Section 19 and including any such notes delivered in substitution, replacement or exchange therefor pursuant to this Agreement, the "Notes") in the aggregate principal amount of $100,000,000up to U.S.$300,000,000 at any time (subject to the Available Facility Amount), each to be dated the date of issue thereofits issue, bearing interest on the unpaid balance from the date of original issuance at the rate per annum as provided by the terms of this Agreement, to maturemature no later than 12 years after the date of original issuance, in the case to have an Average Life of each Note so issued, no less than three years and no more than fifteen 12 years after the date of original issuance thereof, . Each Note will also be subject to have a weighted average life the other terms of no more than twelve years, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Note, and to have such other particular terms, that Note as shall be set forth described in the applicable Confirmation of Acceptance for such Note delivered pursuant to paragraph 2B(5Section 2.2(e), and to . Each Note will be substantially in the form of Exhibit A attached hereto. The terms "Note" and "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periodsperiods and (vi) the same date of issuance (which, in the case of a Note issued in exchange for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (FirstService Corp)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,000125,000,000, to be dated the date of issue thereof, to mature, in the case of each Note so issued, no less than three years and no more than fifteen years after the date of original issuance thereof, to have a weighted average life of no more than twelve years, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), and to be substantially in the form of Exhibit A attached hereto. The terms "Note" and "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periodsperiods and (vi) the same date of issuance (which, in the case of a Note issued in exchange for another Note, shall be deemed for these purposes the date on which such Note's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Senior Promissory Note Agreement (Lawter International Inc)

AUTHORIZATION OF ISSUE OF NOTES. (a) The Company has authorized under this Agreement the issuance of Series A Notes in the original principal amount of $40,000,000 and Series B Notes in the original principal amount of $20,000,000. (b) The Company will authorize the further issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,00050,000,000, to be dated the date of issue thereof, ; to mature, in the case of each Note so issued, no less than three years and no more than fifteen ten years after the date of original issuance thereof, ; to have a weighted an average life life, in the case of each Note so issued, of no more than twelve years, seven years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), 2F; and to be substantially in the form of Exhibit A A-1 attached hereto. The terms "Note" and "term ‘Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a "Series" of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.

Appears in 1 contract

Samples: Master Shelf Agreement (Layne Christensen Co)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,000105,000,000, to be dated the date of issue thereof, ; to mature, in the case of each Note so issued, no less than three years and no more than fifteen ten years after the date of original issuance thereof, ; to have a weighted an average life life, in the case of each Note so issued, of no more than twelve years, seven years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), 2F; and to be substantially in the form of Exhibit A A-1 attached hereto. The terms "Note" and "term ‘Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a "Series" of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.

Appears in 1 contract

Samples: Master Shelf Agreement (Layne Christensen Co)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,000, 450,000,000 to be dated the date of issue thereof, ; to mature, in the case of each Note so issued, no less than three years and no more than fifteen 12 years after the date of original issuance thereof, ; to have a weighted an average life life, in the case of each note so issued, of no more than twelve years, 10 years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), Section 2.6; and to be substantially in the form of Exhibit A 1 attached hereto. The terms "Note" and term "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment installment payment dates, (iii) the same principal prepayment installment payment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a "Series" of Notes. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Master Shelf Agreement (Mdu Resources Group Inc)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "NotesNOTES") in the aggregate principal amount of $100,000,000, to be dated the date of issue thereof, ; to mature, in the case of each Note so issued, no less than three years and no more than fifteen 12 years after the date of original issuance thereof, ; to have a weighted an average life life, in the case of each note so issued, of no more than twelve years, 10 years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), 2F; and to be substantially in the form of Exhibit A A-2 attached hereto. The terms term "Note" and "NotesNOTES" as used herein shall ----------- include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment installment payment dates, (iii) the same principal prepayment installment payment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a "SeriesSERIES" of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.

Appears in 1 contract

Samples: Senior Notes Master Shelf Agreement (Transmontaigne Oil Co)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize Companies have authorized the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its their senior promissory notes (herein called the "Notes") in the aggregate principal princi- pal amount of $100,000,00050,000,000, to be dated the date of issue thereof, to mature, in the case of each Note so issued, no less more than three twenty years and from the date of original issuance, to have an average life, in the case of each Note so issued, of no more than fifteen years after the date of original issuance thereof, to have a weighted average life of no more than twelve years, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), and to be substantially in the form of Exhibit A attached --------- hereto. The terms "NoteNOTE" and "NotesNOTES" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment pre- payment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periodsperiods and (vi) the same date of issuance (which, in the case of a Note issued in exchange for another Note, shall be deemed for these purposes the date on which such Note's ultimate predecessor Note was issued), are herein called a "SeriesSERIES" of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Alexander & Baldwin Inc)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "NotesNOTES") in the aggregate principal amount of $100,000,00060,000,000, to be dated the date of issue thereof, ; to mature, in the case of each Note so issued, no less than three years and no more than fifteen seven years after the date of original issuance thereof, ; to have a weighted an average life life, in the case of each Note so issued, of no more than twelve years, six years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), 2F; and to be substantially in the form of Exhibit A A-1 attached hereto. The terms term "Note" and "NotesNOTES" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a "SeriesSERIES" of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.

Appears in 1 contract

Samples: Master Shelf Agreement (Layne Christensen Co)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,000, to be dated the date of issue thereof, to mature, in the case of each Note so issued, no less than three years and no more than fifteen 10.5 years after the date of original issuance thereof, to have a weighted an average life life, in the case of each Note so issued, of no more than twelve years10.5 years after the date of original issuance thereof, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5Section 2(e), and to be substantially in the form of Exhibit A 1 attached hereto. The terms "Note" and "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periodsperiods and (vi) the same date of issuance (which, in the case of a Note issued in exchange for another Note, shall be deemed for these purposes the date on which such Note's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Miller Herman Inc)

AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of (but, except as provided in paragraph 2B(5), shall not be obligated to issue) its senior secured promissory notes (herein called the "Notes") in the aggregate principal amount of $100,000,00050,000,000, to be dated the date of issue thereof, ; to mature, in the case of each Note so issued, no less than three years and no more than fifteen seven years after the date of original issuance thereof, ; to have a weighted an average life life, in the case of each note so issued, of no more than twelve years, five years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum with respect to such Noteannum, and to have such other particular terms, as shall be set forth forth, in the applicable case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2B(5), 2F; and to be substantially in the form of Exhibit A A-1 attached hereto. The terms "Note" and term "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a "Series" of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.

Appears in 1 contract

Samples: Senior Secured Notes Master Shelf Agreement (Crosstex Energy Lp)