Common use of Authorization of Notes Clause in Contracts

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 aggregate principal amount of its 6.90% Senior Notes, Series A, due January 30, 2007 (the “Series A Notes”), (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notes, Series B, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1(a), 1(b) and 1(c), respectively, with such changes therefrom, if any, as may be approved by you and the Company. 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 2 contracts

Samples: Note Purchase Agreement (Bowne & Co Inc), Note Purchase Agreement (Bowne & Co Inc)

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Authorization of Notes. The Company will authorize the issue and sale of (ai) $25,000,000 U.S.$150,000,000 aggregate principal amount of its 6.904.15% Senior Notes, Series A, due January 30December 27, 2007 2017 (the “Series A Notes”), (bii) $28,000,000 U.S.$225,000,000 aggregate principal amount of its 7.314.57% Senior Notes, Series B, due January 30December 27, 2012 2019 (the “Series B Notes”), and ; (ciii) $22,000,000 U.S.$275,000,000 aggregate principal amount of its 7.855.15% Senior Notes, Series C, due January 30December 27, 2012 2022 (the “Series C Notes”); and U.S.$150,000,000 aggregate principal amount of its 5.30% Senior Notes, Series D, due December 27, 2024 (the “Series D Notes”). The Series A Notes, the Series B Notes and the Notes, Series C Notes being hereinafter and Series D Notes are collectively referred to herein as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined))14. The Series A Notes, the Series B Notes, the Series C Notes and the Series D Notes shall be substantially in the form set out in Exhibit 1(a), Exhibit 1(b), Exhibit 1(c) and 1(cExhibit 1(d), respectively, with such changes therefrom, if any, as may be approved by you and the Company. 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.

Appears in 2 contracts

Samples: Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V), Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (a) $25,000,000 56,000,000 aggregate principal amount of its 6.90Senior Notes consisting of (a) $14,000,000 aggregate principal amount of its 3.83% Senior Notes, Series A2013A, due January 30July 1, 2007 2020, (the “Series A Notes”), (b) $28,000,000 12,000,000 aggregate principal amount of its 7.314.45% Senior Notes, Series B2013B, due January 30December 1, 2012 2022 (the “Series B Notes”), ) and (c) $22,000,000 30,000,000 aggregate principal amount of its 7.854.84% Senior Notes, Series C2013C, due January 30October 1, 2012 2027 (the “Series C Notes”; the ). The Series A Notes, the Series B Notes and the Series C Notes being hereinafter are herein collectively referred to as the “Notes.” As used herein, such the term “Notes” shall mean all notes (irrespective of series unless otherwise specified) originally delivered pursuant to include this Agreement and any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined))14. The Series A Notes, the Series B Notes and the Series C Notes shall be substantially in the form forms set out in Exhibit 1(a), Exhibit 1(b) and Exhibit 1(c), respectively, with such changes therefrom, if any, as may be approved by you and the Company. 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.

Appears in 2 contracts

Samples: Note Purchase and Guaranty Agreement (Hawaiian Electric Industries Inc), Note Purchase and Guaranty Agreement (Hawaiian Electric Co Inc)

Authorization of Notes. The Company will authorize the issue and sale of of (a) $25,000,000 50,000,000 aggregate principal amount of its 6.906.39% Senior Notes, Series A, due January 30April 1, 2007 (the "Series A Notes"), ; and (b) $28,000,000 50,000,000 aggregate principal amount of its 7.316.62% Senior Notes, Series B, due January 30April 1, 2012 2008 (the "Series B Notes"), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the . The terms "Series A Notes, the " and "Series B Notes Notes" as used in this Agreement shall include each Series A Note and Series B Note, respectively, delivered pursuant to this Agreement and the Series C Notes being Other Agreements (as hereinafter collectively referred to as the “Notes”, such term to include defined) and any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined))Agreements. The term "Notes" as used in this Agreement shall include the Series A Notes and Series B Notes. The Series A Notes and Series B Notes shall be substantially in the form forms set out forth in Exhibit 1(a), 1(b) Exhibits 1-A and 1(c)1-B, respectively, with such changes therefrom, if any, as may be approved by you you, the Other Purchasers (as hereinafter defined) and the Company. 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: Note Purchase Agreement (Meredith Corp)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (ai) $25,000,000 150,000,000 aggregate principal amount of its 6.903.67% Senior Notes, Series A, due January 30June 15, 2007 2028 (the “Series A Notes”)as amended, (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notessupplemented, Series Brestated or otherwise modified from time to time, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or Agreement, the Other Agreements “Series A Notes”) and (ii) $50,000,000 aggregate principal amount of its 3.75% Senior Notes, Series B, due December 18, 2028 (as hereinafter defined)amended, supplemented, restated or otherwise modified from time to time, including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement, the “Series B Notes” and, together with the Series A Notes, the “Notes”). The Series A Notes shall will be substantially in the form set out in of Exhibit 1(a) and the Series B Notes will be substantially in the form of Exhibit 1(b), 1(b) and 1(c), respectively, in each case with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other 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: Note Purchase Agreement (Caseys General Stores Inc)

Authorization of Notes. The Company Borrower will authorize the issue and sale of of: (a) $25,000,000 365,000,000 aggregate principal amount of its 6.905.86% Series A Senior NotesSecured Notes due December 15, Series A2017 (including any amendments, due January 30restatements or modifications from time to time, 2007 (the “Series A Notes”), (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notes, Series B, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 13), and (b) $50,000,000 aggregate principal amount of this Agreement its Floating Rate Series B Senior Secured Notes due December 15, 2017 (including any amendments, restatements or modifications from time to time, the Other Agreements (as hereinafter defined)“Series B Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13). The Series A Notes and the Series B Notes are referred to herein, collectively, as the “Notes”. The Series A Notes and the Series B Notes shall be substantially in the form forms set out in Exhibit 1(a), 1(b) 1.1 and 1(c)Exhibit 1.2, respectively, in each case with such changes therefrom, if any, as may be approved in writing by you the Purchasers and the CompanyBorrower. 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, references to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Enterprise Products Partners L P)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (ai) $25,000,000 100,000,000 aggregate principal amount of its 6.902017 Series A 3.38% Senior NotesNotes due November 15, Series A, due January 30, 2007 2032 (the “2017 Series A Notes”), (bii) $28,000,000 50,000,000 aggregate principal amount of its 7.312018 Series A 3.30% Senior NotesNotes due April 1, Series B, due January 30, 2012 2030 (the “2018 Series A Notes”) and (iii) $100,000,000 aggregate principal amount of its 2018 Series B 3.97% Senior Notes due November 15, 2047 (the “2018 Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the . The 2017 Series A Notes, the 2018 Series B A Notes and the 2018 Series C Notes being hereinafter collectively referred B Notes, as amended, restated or otherwise modified from time to as the “Notes”, such term time pursuant to include Section 17 and including any such notes issued in substitution therefor pursuant to Section 13 13, are herein referred to collectively as the “Notes,” and each are herein sometimes referred to as Notes of this Agreement or the Other Agreements (as hereinafter defined))a “series”. The 2017 Series A Notes, the 2018 Series A Notes and the 2018 Series B Notes shall be substantially in the form forms set out in Exhibit 1(a), Exhibit 1(b) and Exhibit 1(c), respectively, with such changes therefrom, if any, as may be approved by you and the Company. 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Questar Gas Co)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (ai) $25,000,000 150,000,000 aggregate principal amount of its 6.905.23% Senior Notes, Series AI, due January 30November 2, 2007 2031 (the “Series A Notes”)as amended, (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notessupplemented, Series Brestated or otherwise modified from time to time, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or Agreement, the Other Agreements “Series I Notes”) and (ii) $100,000,000 aggregate principal amount of its 5.43% Senior Notes, Series J, due November 2, 2034 (as hereinafter defined)amended, supplemented, restated or otherwise modified from time to time, including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement, the “Series J Notes” and, together with the Series I Notes, the “Notes”). The Series I Notes shall will be substantially in the form set out of Exhibit 1(i) and the Series J Notes will be substantially in the form of Exhibit 1(a1(j), 1(b) and 1(c), respectively, in each case with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other 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: Note Purchase Agreement (Caseys General Stores Inc)

Authorization of Notes. The Company will authorize the issue and sale of its Senior Notes consisting of (a) $25,000,000 €14,000,000 aggregate principal amount of its 6.905.177% Senior Notes, Series 2006-A, due January 30February 9, 2007 2011 (the “Series A Notes”), ) and (b) $28,000,000 £3,000,000 aggregate principal amount of its 7.316.565% Senior Notes, Series 2006-B, due January 30February 9, 2012 2011 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the . The Series A Notes, Notes and the Series B Notes and the Series C Notes being hereinafter are collectively referred to as the “Notes.” As used herein, such the term “Notes” shall mean all notes (irrespective of series unless otherwise specified) originally delivered pursuant to include this Agreement and any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined))Agreement. The Series A Notes and the Series B Notes shall be substantially in the form forms set out in Exhibit 1(a), 1(b) and 1(cExhibit 1(b), respectively, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. 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.

Appears in 1 contract

Samples: Note Purchase Agreement (American Capital Strategies LTD)

Authorization of Notes. The Company will authorize the issue issuance and sale of of: (a) $25,000,000 100,000,000 aggregate principal amount of its 6.905.57% Series A Senior NotesNotes due September 15, Series A2011 (including any amendments, due January 30restatements or modifications from time to time, 2007 (the “Series A Notes”), (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notes, Series B, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement Agreement); and (b) $100,000,000 aggregate principal amount of its 6.08% Series B Senior Notes due July 15, 2014 (including any amendments, restatements or modifications from time to time, the Other Agreements (as hereinafter defined)“Series B Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Series A Notes and the Series B Notes are sometimes referred to herein collectively as the “Notes.” The Series A Notes and the Series B Notes shall be substantially in the form respective forms set out in Exhibit Exhibits 1(a), 1(b) and 1(cExhibit 1(b), respectively, in each case with such changes therefromthereto, if any, as may be approved by you the Purchasers and the Company. 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: Note Purchase Agreement (Brown & Brown Inc)

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 250,000,000 aggregate principal amount of its 6.90% Series 2014-A Senior Notes, Series A, due January 30, 2007 Notes consisting of (the “Series A Notes”), (ba) $28,000,000 125,000,000 aggregate principal amount of its 7.313.84% Series 2014-A Senior Notes, Series BTranche 1, due January 30September 19, 2012 2024 (the “Series B 2014-A Tranche 1 Notes”), ) and (cb) $22,000,000 125,000,000 aggregate principal amount of its 7.854.24% Series 2014-A Senior Notes, Series CTranche 2, due January 30June 25, 2012 2025 (the “Series C 2014-A Tranche 2 Notes”; the Series 2014-A Notes, Tranche 2 Notes together with the Series B 2014-A Tranche 1 Notes and the Series C Notes being hereinafter are collectively referred to herein as the “Series 2014-A Notes”). The Series 2014-A Notes together with each Series of Additional Notes which may from time to time be issued pursuant to the provisions of Section 2.2 are collectively referred to herein as the “Notes”, ” (such term to shall also include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)13). The Series 2014-A Tranche 1 Notes and the Series 2014-A Tranche 2 Notes shall be substantially in the form forms set out in Exhibit 1(a), 1(b) and 1(cExhibit 1(b), respectively, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Mettler Toledo International Inc/)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (a) $25,000,000 59,000,000 aggregate principal amount of its 6.90Senior Notes consisting of (a) $9,000,000 aggregate principal amount of its 3.79% Senior Notes, Series A2012A, due January 30December 1, 2007 2018, (the “Series A Notes”), (b) $28,000,000 20,000,000 aggregate principal amount of its 7.314.03% Senior Notes, Series B2012B, due January 301, 2012 2020 (the “Series B Notes”), ) and (c) $22,000,000 30,000,000 aggregate principal amount of its 7.854.55% Senior Notes, Series C2012C, due January 30November 1, 2012 2023 (the “Series C Notes”; the ). The Series A Notes, the Series B Notes and the Series C Notes being hereinafter are herein collectively referred to as the “Notes.” As used herein, such the term “Notes” shall mean all notes (irrespective of series unless otherwise specified) originally delivered pursuant to include this Agreement and any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined))14. The Series A Notes, the Series B Notes and the Series C Notes shall be substantially in the form forms set out in Exhibit 1(a), Exhibit 1(b) and Exhibit 1(c), respectively, with such changes therefrom, if any, as may be approved by you and the Company. 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.

Appears in 1 contract

Samples: Note Purchase and Guaranty Agreement (Hawaiian Electric Industries Inc)

Authorization of Notes. The Company NFC will authorize the issue and sale of authorize: (ai) $25,000,000 315,000,000 aggregate principal amount of its 6.905.21% Series A Senior NotesNotes due November 28, Series A, due January 30, 2007 2012 (the “Series A Notes”), (bii) $28,000,000 230,000,000 aggregate principal amount of its 7.315.36% Series B Senior NotesNotes due November 28, Series B, due January 30, 2012 2015 (the “Series B Notes”), and (ciii) $22,000,000 90,000,000 aggregate principal amount of its 7.855.41% Series C Senior NotesNotes due November 28, Series C, due January 30, 2012 2016 (the “Series C Notes”), and (iv) $265,000,000 aggregate principal amount of its 5.89% Series D Senior Notes due November 28, 2025 (the “Series D Notes”; the Series A Notes, the Series B Notes, the Series C Notes and the Series C D Notes being hereinafter are collectively referred to herein as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)Agreement). The Series A Notes, Series B Notes, Series C Notes and Series D Notes shall be substantially in the form set out in Exhibit 1(a), Exhibit 1(b) and ), Exhibit 1(c), and Exhibit 1(d), respectively, with such changes therefrom, if any, as may . The Notes shall be approved fully and unconditionally guaranteed by you and the CompanyCompany pursuant to Section 23 of this Agreement. 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Nisource Inc/De)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (a) $25,000,000 140,000,000 aggregate principal amount of its 6.90Senior Notes consisting of (a) $40,000,000 aggregate principal amount of its 4.45% Senior Notes, Series A2013A, due January 30December 1, 2007 2022, (the “Series A Notes”), (b) $28,000,000 50,000,000 aggregate principal amount of its 7.314.84% Senior Notes, Series B2013B, due January 30October 1, 2012 2027 (the “Series B Notes”), ) and (c) $22,000,000 50,000,000 aggregate principal amount of its 7.855.65% Senior Notes, Series C2013C, due January 30October 1, 2012 2043, (the “Series C Notes”; the ). The Series A Notes, the Series B Notes and the Series C Notes being hereinafter are herein collectively referred to as the “Notes.” As used herein, such the term “Notes” shall mean all notes (irrespective of series unless otherwise specified) originally delivered pursuant to include this Agreement and any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined))13. The Series A Notes, the Series B Notes and the Series C Notes shall be substantially in the form forms set out in Exhibit 1(a), Exhibit 1(b) and Exhibit 1(c), respectively, with such changes therefrom, if any, as may be approved by you and the Company. 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Hawaiian Electric Co Inc)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (ai) $25,000,000 325,000,000 aggregate principal amount of its 6.902.85% Senior Notes, Series AG, due January 30August 7, 2007 2030 (the “Series A Notes”)as amended, (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notessupplemented, Series Brestated or otherwise modified from time to time, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or Agreement, the Other Agreements “Series G Notes”) and (ii) $325,000,000 aggregate principal amount of its 2.96% Senior Notes, Series H, due August 6, 2032 (as hereinafter defined)amended, supplemented, restated or otherwise modified from time to time, including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement, the “Series H Notes” and, together with the Series G Notes, the “Notes”). The Series G Notes shall will be substantially in the form set out of Exhibit 1(g) and the Series H Notes will be substantially in the form of Exhibit 1(a1(h), 1(b) and 1(c), respectively, in each case with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other 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: Note Purchase Agreement (Caseys General Stores Inc)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (ai) $25,000,000 150,000,000 aggregate principal amount of its 6.903.51% Senior Notes, Series AE, due January 30June 13, 2007 2025 (the “Series A Notes”)as amended, (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notessupplemented, Series Brestated or otherwise modified from time to time, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or Agreement, the Other Agreements “Series E Notes”) and (ii) $250,000,000 aggregate principal amount of its 3.77% Senior Notes, Series F, due August 22, 2028 (as hereinafter defined)amended, supplemented, restated or otherwise modified from time to time, including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement, the “Series F Notes” and, together with the Series E Notes, the “Notes”). The Series E Notes shall will be substantially in the form set out of Exhibit 1(e) and the Series F Notes will be substantially in the form of Exhibit 1(a1(f), 1(b) and 1(c), respectively, in each case with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other 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: Note Purchase Agreement (Caseys General Stores Inc)

Authorization of Notes. The Company will authorize the issue and sale of (a) Cdn. $25,000,000 30,000,000 aggregate principal amount of its 6.904.34% Senior Notes, Series A, due January 30May 15, 2007 2019 (the “Series A Notes”), (b) U.S. $28,000,000 20,000,000 aggregate principal amount of its 7.314.40% Senior Notes, Series B, due January 30May 15, 2012 2022 (the “Series B Notes”), ) and (c) U.S. $22,000,000 355,000,000 aggregate principal amount of its 7.854.40% Senior Notes, Series C, due January 30May 15, 2012 2024 (the “Series C Notes”; , together with the Series A Notes and Series B Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”), such term to include any such notes Notes issued in substitution therefor pursuant to Section 13 14 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1(a)1-A, 1(b) Exhibit 1-B and 1(c), respectivelyExhibit 1-C, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; and references to a “Section,” “Schedule” or an “Exhibit” are, unless otherwise specified, to a Section of, or a Schedule or an Exhibit attached to to, this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (ENERPLUS Corp)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (ai) $25,000,000 75,000,000 aggregate principal amount of its 6.904.73% Senior Notes, Series AH, due January 30December 1, 2007 2023 (the “Series A H Notes”), (bii) $28,000,000 125,000,000 aggregate principal amount of its 7.315.03% Senior Notes, Series BI, due January 30December 1, 2012 2026 (the “Series B I Notes”), (iii) $50,000,000 aggregate principal amount of its 5.03% Senior Notes, Series J, due December 1, 2026 (the “Series J Notes”), and (civ) $22,000,000 50,000,000 aggregate principal amount of its 7.855.18% Senior Notes, Series CK, due January 30December 1, 2012 2026 (the “Series C K Notes”; , and together with the Series A H Notes, the Series B Notes I Notes, and the Series C J Notes, the “2011 Notes”). The 2011 Notes, together with the Notes being hereinafter previously issued pursuant to the Note Purchase Agreements and each series of Additional Notes which may from time to time hereafter be issued pursuant to the provisions of Section 2.2 of the Note Purchase Agreements, are collectively referred to as the “Notes”, ” (such term to shall also include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)Note Purchase Agreements). The 2011 Notes shall be substantially in the form set out in Exhibit 1(a)Exhibits 1-A, 1(b) 1-B, 1-C and 1(c)1-D hereto, respectively, with such changes therefrom, if any, as may be approved by you the Purchaser(s) and the Company. 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: Fourth Supplement to Note Purchase Agreements (Natural Resource Partners Lp)

Authorization of Notes. The Company will authorize the issue and sale of (a) U.S. $25,000,000 40,000,000 aggregate principal amount of its 6.906.82% Senior Notes, Series A, due January 30June 18, 2007 2015 (the “Series A Notes”), (b) Cdn. $28,000,000 40,000,000 aggregate principal amount of its 7.316.37% Senior Notes, Series B, due January 30June 18, 2012 2015 (the “Series B Notes”), ) and (c) U.S. $22,000,000 225,000,000 aggregate principal amount of its 7.857.97% Senior Notes, Series C, due January 30June 18, 2012 2021 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred as to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 14 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1(a)1, 1(b) and 1(c)Exhibit 2 or Exhibit 3, respectively, as applicable with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; and references to a “Section,” “Schedule” or an “Exhibit” are, unless otherwise specified, to a Section of, or a Schedule or an Exhibit attached to to, this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Enerplus Resources Fund)

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 20,000,000 aggregate principal amount of its 6.904.42% Senior Notes, Series A, due January 30July 15, 2007 2043 (the "Series A Notes"), (b) $28,000,000 20,000,000 aggregate principal amount of its 7.314.47% Senior Notes, Series B, due January 30July 15, 2012 2048 (the "Series B Notes"), and (c) $22,000,000 30,000,000 aggregate principal amount of its 7.853.09% Senior Notes, Series C, due January 30September 15, 2012 2023 (the "Series C Notes"), and (d) $15,000,000 aggregate principal amount of its 3.29% Senior Notes, Series D, due September 15, 2026 (the "Series D Notes"; the Series A Notes, the Series B Notes, the Series C Notes and the Series C D Notes being hereinafter collectively referred to as the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)13). The Series A Notes, the Series B Notes, the Series C Notes and the Series D Notes shall be substantially in the form set out in Exhibit 1(a)Exhibits 1-A, 1(b) 1-B, 1-C and 1(c)1-D, respectively, with such changes therefrom, if any, as may be approved by you and the Company. 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. The Series A Notes, the Series B Notes, the Series C Notes and the Series D Notes are each herein sometimes referred to as Notes of a "series".

Appears in 1 contract

Samples: Note Purchase Agreement (Mge Energy Inc)

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Authorization of Notes. The Company will authorize the issue and sale of of: (a) $58,000,000 aggregate principal amount of its 6.14% Series A Senior Notes due March 31, 2005 (the "Series A Notes", such term to include each Series A Note delivered from time to time in accordance with any of this Agreement or the Other Agreements); (b) $25,000,000 aggregate principal amount of its 6.906.23% Series B Senior NotesNotes due March 31, Series A, due January 30, 2007 2004 (the "Series A B Notes", such term to include each Series B Note delivered from time to time in accordance with any of this Agreement or the Other Agreements), ; (bc) $28,000,000 62,000,000 aggregate principal amount of its 7.316.47% Series C Senior NotesNotes due March 31, Series B, due January 30, 2012 2010 (the "Series B C Notes", such term to include each Series C Note delivered from time to time in accordance with any of this Agreement or the Other Agreements), and ; and (cd) $22,000,000 40,000,000 aggregate principal amount of its 7.856.64% Series D Senior NotesNotes due March 31, Series C, due January 30, 2012 2013 (the "Series C D Notes”; ", such term to include each Series D Note delivered from time to time in accordance with any of this Agreement or the Other Agreements). The Series A Notes, the Series B Notes and the Notes, Series C Notes being hereinafter collectively and Series D Notes shall be referred to in this Agreement collectively as the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined))Agreements. The Series A Notes, Series B Notes, Series C Notes and Series D Notes shall be substantially in the form forms set out in Exhibit 1(a)1, 1(b) Exhibit 2, Exhibit 3 and 1(c)Exhibit 4, respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references B. References to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement, and references to Sections are, unless otherwise specified, references to Sections of this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Lee Enterprises Inc)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (ai) $25,000,000 50,000,000 aggregate principal amount of its 6.90% Senior Notes, Series A, due January 30, 2007 (the “Series A Notes”), (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notes, Series B, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.853.65% Senior Notes, Series C, due January 30May 2, 2012 2031 (the “Series C Notes”; the Series A Notesas amended, the Series B Notes and the Series C Notes being hereinafter collectively referred supplemented, restated or otherwise modified from time to as the “Notes”time, such term to include including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or Agreement, the Other Agreements “Series C Notes”) and (ii) $50,000,000 aggregate principal amount of its 3.72% Senior Notes, Series D, due October 28, 2031 (as hereinafter defined)amended, supplemented, restated or otherwise modified from time to time, including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement, the “Series D Notes” and, together with the Series C Notes, the “Notes”). The Series C Notes shall will be substantially in the form set out of Exhibit 1(c) and the Series D Notes will be substantially in the form of Exhibit 1(a1(d), 1(b) and 1(c), respectively, in each case with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other 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: Note Purchase Agreement (Caseys General Stores Inc)

Authorization of Notes. The Company will authorize has authorized the issue and sale of (a) $25,000,000 197,000,000 aggregate principal amount of its 6.906.33% Senior Notes, Series A, due January 30July 15, 2007 2014 (the “Series A Notes”), (b) $28,000,000 85,000,000 aggregate principal amount of its 7.316.52% Senior Notes, Series B, due January 30July 15, 2012 2017 (the “Series B Notes”), ) and (c) $22,000,000 93,000,000 aggregate principal amount of its 7.856.67% Senior Notes, Series C, due January 30July 15, 2012 2019 (the “Series C Notes”; ,” and together with the Series A Notes, the Series B Notes and the Series C Notes being hereinafter B Notes, are collectively referred to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)Agreement). The Series A Notes, Series B Notes and Series C Notes shall be substantially in the form set out in Exhibit 1(a)1-A, 1(b) Exhibit 1-B and 1(c)Exhibit 1-C, respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other 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: Note Purchase Agreement (Calamos Asset Management, Inc. /DE/)

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 350,000,000 aggregate principal amount of its 6.90Senior Notes, comprised of $109,000,000 6.99% Senior Notes, Series A, due January 30August 1, 2007 2005 (the "Series A Notes"), (b) $28,000,000 aggregate principal amount of its 7.3137,000,000 7.08% Senior Notes, Series B, due January 30August 1, 2012 2006 (the "Series B Notes"), and (c) $22,000,000 aggregate principal amount of its 7.8552,000,000 7.12% Senior Notes, Series C, due January 30August 1, 2012 2008 (the "Series C Notes”; "), $82,000,000 7.24% Senior Notes, Series D, due August 1, 2010 (the "Series D Notes"), and $70,000,000 7.42% Senior Notes, Series E, due August 1, 2013 (the "Series E Notes") (said Series A Notes, the Series B Notes, Series C Notes, Series D Notes and the Series C E Notes being hereinafter herein collectively referred to as called the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)). The Series A, B, C, D and E Notes shall be substantially in the form respective forms set out in Exhibit 1(a)1, 1(b) and 1(c), respectively, in each case with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. 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: Note Purchase Agreement (Ferrellgas Partners Finance Corp)

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 400,000,000 aggregate principal amount of its 6.90senior secured notes consisting of (a) $100,000,000 aggregate principal amount of its 4.07% Senior Notes, Series A, due January 30December 3, 2007 2024 (the “Series A Notes”), (b) $28,000,000 100,000,000 aggregate principal amount of its 7.314.19% Senior Notes, Series B, due January 30December 3, 2012 2026 (the “Series B Notes”), and (c) $22,000,000 100,000,000 aggregate principal amount of its 7.854.25% Senior Notes, Series C, due January 30December 3, 2012 2027 (the “Series C Notes”) and (d) $100,000,000 aggregate principal amount of its 4.35% Senior Notes, Series D, due December 3, 2029 (the “Series D Notes”; the Series A Notes, the Series B Notes, the Series C Notes and the Series C Notes being hereinafter collectively referred D Notes, as amended, restated or otherwise modified from time to as the “Notes”, such term time pursuant to include Section 17 and including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or 13, collectively, the Other Agreements (as hereinafter defined)“Notes”). The Notes shall be substantially in the form set out in Exhibit Schedule 1(a), Schedule 1(b), Schedule 1(c) and 1(cSchedule 1(d), respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; references A. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.

Appears in 1 contract

Samples: Note Purchase Agreement (Copart Inc)

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 65,000,000 aggregate principal amount of its 6.905.28% Senior Notes, Series AG, due January 30August 25, 2007 2015 (the "Series A G Notes"), (b) $28,000,000 65,000,000 aggregate principal amount of its 7.315.38% Senior Notes, Series BH, due January 30August 25, 2012 2017 (the "Series B H Notes”), ") and (c) $22,000,000 20,000,000 aggregate principal amount of its 7.855.49% Senior Notes, Series CI, due January 30August 25, 2012 2020 (the "Series C I Notes"; the Series A I Notes, the Series B H Notes and the Series C G Notes being hereinafter collectively referred to as the "Notes”, ," such term to include any such notes issued in substitution therefor pursuant to Section SECTION 13 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1(aEXHIBIT 1(A), 1(bEXHIBIT 1(B) and 1(cEXHIBIT 1(C), respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule 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: Note Purchase Agreement (St Joe Co)

Authorization of Notes. The Company will authorize the issue and sale sale, in three series, of (a) $25,000,000 U.S.$270,000,000 aggregate principal amount of its 6.90senior notes of which U.S.$15,000,000 aggregate principal amount shall be its 5.53% Series A Senior Notes, Series A, Notes due January 30, 2007 2014 (the “Series A Notes”), (b) $28,000,000 U.S.$73,500,000 aggregate principal amount of shall be its 7.316.45% Series B Senior Notes, Series B, Notes due January 30, 2012 2016 (the “Series B Notes”), ) and (c) $22,000,000 U.S.$181,500,000 aggregate principal amount of shall be its 7.856.97% Series C Senior Notes, Series C, Notes due January 30, 2012 2019 (the “Series C Notes”; ” and, together with the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as B Notes, the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)14). The Series A Notes, Series B Notes and Series C Notes shall be substantially in the form set out in Exhibit 1(a)1-A, 1(b) 1-B and 1(c)1-C, respectively, with such changes therefrom, if any, as may be approved by you and the Company. 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. Payment of the principal of, Make-Whole Amount (if any) and interest on the Notes and other amounts owing hereunder shall be unconditionally guaranteed by the Subsidiary Guarantors as provided in the Subsidiary Guarantees.

Appears in 1 contract

Samples: Note Purchase Agreement (Yamana Gold Inc)

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 125,000,000 aggregate principal amount of its 6.90senior notes consisting of (a) $50,000,000 aggregate principal amount of its 3.13% Senior Notes, Series A2020A, due January June 30, 2007 2050 (the “Series A Notes”), (b) $28,000,000 50,000,000 aggregate principal amount of its 7.313.13% Senior Notes, Series B2020B, due January 30July 23, 2012 2050 (the “Series B Notes”), ) and (c) $22,000,000 25,000,000 aggregate principal amount of its 7.853.33% Senior Notes, Series C2020C, due January 30July 23, 2012 2060 (the “Series C Notes”; and together with the Series A Notes and the Series B Notes, the “Notes” such term shall also include any such Series A Notes, Series B Notes or Series C Notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1(a), Exhibit 1(b) and Exhibit 1(c), respectively, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. 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. References to a “Section” are references to a Section of this Agreement unless otherwise specified.

Appears in 1 contract

Samples: Note Purchase Agreement (New Jersey Resources Corp)

Authorization of Notes. The Company Issuer will authorize the issue and sale of (a) $25,000,000 150,000,000 aggregate principal amount of its 6.90Senior Notes consisting of (i) $15,000,000 aggregate principal amount of its 4.03% Senior Notes, Series A, due January 307, 2007 2023 (the “Series A Notes”), (bii) $28,000,000 45,000,000 aggregate principal amount of its 7.314.43% Senior Notes, Series B, due January 307, 2012 2026 (the “Series B Notes”), and (ciii) $22,000,000 45,000,000 aggregate principal amount of its 7.854.57% Senior Notes, Series C, due January 307, 2012 2028 (the “Series C Notes”; ) and (iv) $45,000,000 aggregate principal amount of its 4.74% Senior Notes, Series D, due January 7, 2031 (the “Series D Notes” and, together with the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as Notes, the “Notes”, such term to include any Notes, as amended, restated or otherwise modified from time to time pursuant to Section 17, and any such notes Notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)13). The Notes shall be substantially in the form set out in Exhibit Exhibits 1(a), 1(b), 1(c) and 1(c1(d), respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; references B. References to a “Schedule” or an “Exhibit” are, unless otherwise specified, are references to a Schedule or an Exhibit attached to this AgreementAgreement unless otherwise specified. References to a “Section” are references to a Section of this Agreement unless otherwise specified. SECTION 2.

Appears in 1 contract

Samples: Note Purchase and Guarantee Agreement (Physicians Realty Trust)

Authorization of Notes. The Company will authorize the issue and sale of (ai) $25,000,000 22,000,000 aggregate principal amount of its 6.907.08% Senior Notes, Series A, due January 302, 2007 2004 (the "Series A Notes”), (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notes, Series B, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”"; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include any such notes of the same series issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)), (ii) $23,000,000 aggregate principal amount of its 7.21% Senior Notes, Series B, due January 2, 2005 (the "Series B Notes"; such term to include any notes of the same series issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements), (iii) $20,000,000 aggregate principal amount of its 7.31% Senior Notes, Series C, due January 2, 2007 (the "Series C Notes"; such term to include any notes of the same series issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements) and (iv) $10,000,000 aggregate principal amount of its 7.37% Senior Notes, Series D, due January 2, 2009 (the "Series D Notes"; such term to include any notes of the same series issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements). The Series A Notes, the Series B Notes, the Series C Notes shall be substantially in the form set out in Exhibit 1(a), 1(b) and 1(c), respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement Series D Notes are defined in Schedule B; references herein collectively referred to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreementas the "Notes".

Appears in 1 contract

Samples: Note Purchase Agreement (Reliance Steel & Aluminum Co)

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 150,000,000 aggregate principal amount of its 6.905.84% Series DD Senior NotesNotes due July 16, Series A, due January 30, 2007 2032 (the “Series A DD Notes”), (b) $28,000,000 150,000,000 aggregate principal amount of its 7.315.93% Series EE Senior NotesNotes due July 16, Series B, due January 30, 2012 2034 (the “Series B EE Notes”), and (c) $22,000,000 150,000,000 aggregate principal amount of its 7.856.05% Series FF Senior NotesNotes due July 16, Series C, due January 30, 2012 2037 (the “Series C FF Notes”) and (d) $250,000,000 aggregate principal amount of its 6.13% Series GG Senior Notes due July 16, 2039 (the “Series GG Notes”; and collectively with the Series A DD Notes, the Series B EE Notes and the Series C Notes being hereinafter collectively referred to as FF Notes, the “Notes”, such term each as may be amended, restated or otherwise modified from time to include time pursuant to Section 17 and including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)Agreement). The Series DD Notes, Series EE Notes, Series FF Notes and Series GG Notes shall be substantially in the form forms set out in Exhibit 1(a)1-A, 1(b) Exhibit 1-B, Exhibit 1-C and 1(c)Exhibit 1-D, respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule BB hereto; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to for the purposes of this Agreement, the rules of construction set forth in Section 22.5 shall govern.

Appears in 1 contract

Samples: Note Purchase Agreement (CHS Inc)

Authorization of Notes. The Company will authorize the issue and sale of (a) U.S. $25,000,000 85,500,000 aggregate principal amount of its 6.907.84% Senior Guaranteed Notes, Series A, due January 30March 25, 2007 2006 (the "Series A Notes”), ") and (b) U.S. $28,000,000 114,500,000 aggregate principal amount of its 7.318.05% Senior Guaranteed Notes, Series B, due January 30March 25, 2012 2009 (the "Series B Notes"; the Series A Notes and the Series B Notes are hereinafter referred to collectively as the "Notes"), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; . References herein to the Series A Notes, the Series B Notes and or the Series C Notes being hereinafter collectively referred to as the “Notes”shall, such term to include any such notes issued in substitution therefor pursuant to Section SECTION 13 of this Agreement or the Other Agreements (as hereinafter defined)). The Series A Notes and the Series B Notes shall be substantially in the form forms set out in Exhibit 1(a), 1(b) and 1(c)EXHIBIT 1-A AND 1-B, respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule SCHEDULE B; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement."SECTION"

Appears in 1 contract

Samples: Note Purchase Agreement (Moore Corporation LTD)

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