Creation and Form Clause Samples

Creation and Form. Pursuant to Sections 201 and 301 of the Original Indenture, there is hereby created a new series of Securities designated as the “6 1⁄2% Senior Subordinated Mandatory Convertible Notes due 2018, Series A-1” (which are herein referred to as the “Notes” for purposes of this Second Supplemental Indenture). The Notes shall be substantially in the form specified in Exhibit A to this Second Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this Second Supplemental Indenture and specified herein. To the extent permitted by applicable law, in the event of any inconsistency between the terms of the Notes and the terms of this Indenture, the terms of this Indenture will control. To the extent applicable, the Initial Notes and Additional Notes will bear the OID Legend. Each certificate representing shares of Common Stock issued upon conversion of any Note, shall, upon issuance, if such shares are subject to restriction on transfer under the Securities Act at their time of issuance, bear the Common Stock Restricted Legend on the face thereof until the Resale Restriction Termination Date.
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Creation and Form. Pursuant to Sections 2.01 and 2.02 of the Original Indenture, there is hereby created a new series of Securities designated as the Company’s “4.65% Senior Notes due 2025.” The Notes shall be subject to the provisions of the Rule 144A/Regulation S Appendix attached hereto (the “Appendix”), shall be substantially in the form specified in Exhibit A to this First Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this First Supplemental Indenture and specified herein.
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Creation and Form. Pursuant to Sections 201 and 301 of the Original Indenture, there is hereby created a new series of Securities designated as the “6.25% Senior Notes due 2023” (which are herein referred to as the “Notes” for purposes of this Fourth Supplemental Indenture). The Notes shall be subject to the provisions of the Appendix hereto, shall be substantially in the form specified in Exhibit A to this Fourth Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this Fourth Supplemental Indenture and specified herein.
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Creation and Form. Pursuant to Sections 201 and 301 of the Original Indenture, there is hereby created a new series of Securities designated as the “5.000% Mandatory Convertible Senior Notes due 2019, Series B-1” (which are herein referred to as the “Notes” for purposes of this Fourth Supplemental Indenture). The Notes shall be substantially in the form specified in Exhibit A to this Fourth Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this Fourth Supplemental Indenture and specified herein. To the extent permitted by applicable law, in the event of any inconsistency between the terms of the Notes and the terms of this Indenture, the terms of this Indenture will control. To the extent applicable, the Initial Notes and Additional Notes will bear the OID Legend. Each certificate representing shares of Common Stock issued upon conversion of any Note, shall, upon issuance, if such shares are subject to restriction on transfer under the Securities Act at their time of issuance, bear the Common Stock Restricted Legend on the face thereof until the Resale Restriction Termination Date.
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Creation and Form. Pursuant to Sections 201 and 301 of the Original Indenture, there is hereby created a new series of Securities designated as the "7 1/4% Senior Subordinated Notes due 2013" (which are herein referred to as the "Notes" for purposes of this First Supplemental Indenture). The Notes shall be substantially in the form specified in Exhibit A to this First Supplemental Indenture, shall have the terms set forth therein and shall be entitled to the benefits of the other provisions of the Original Indenture as modified by this First Supplemental Indenture and specified herein.
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Related to Creation and Form

  • Creation and Designation There is hereby created a Tranche of Class A Notes to be issued pursuant to this Terms Document, the Indenture and the Indenture Supplement to be known as the “DiscoverSeries Class A( - ) Notes.”

  • LOCATION AND DESCRIPTION The subject property is a 3 bedroom serviced apartment (corner unit) bearing a postal address Unit No. ▇▇-▇▇-▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇. ▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇. The property will be sold on an “as is where is” basis, subject to a reserve price of RM449,000.00 (RINGGIT MALAYSIA FOUR HUNDRED FORTY NINE THOUSAND ONLY), subject to the Conditions of Sale and by way of an Assignment from the Assignee subject to consent being obtained by the successful bidder (“the Purchaser”) from the relevant authorities, if any, including all terms, conditions, stipulations and covenants which were and may be imposed by the relevant authority. Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or to deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.

  • Documentation and Record Keeping 1. Records to be Maintained Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Contract. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 23 CFR.

  • LOCATION AND DESCRIPTION OF THE PROPERTY The subject property is a four-bedroom condominium with two car parking bays bearing postal address of C-33A-09, Residensi Bayan Desa Petaling, ▇▇. ▇▇▇, ▇▇▇▇▇ ▇/▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇. The subject property will be sold on an “as is where is basis” and subject to a reserve price of RM630,000.00 (RINGGIT MALAYSIA SIX HUNDRED THIRTY THOUSAND ONLY) and subject to the Conditions of Sale and by way of an Assignment from the above Assignee/Bank subject to the consent being obtained by the Purchaser from the Developer and other relevant authorities if any, including all terms, conditions, stipulations and covenants which were and may be imposed by the Developer and the relevant authorities. Any arrears of quit rent, assessments and service or maintenance charges which may be lawfully due to any relevant authority or the Developer up to the date of auction sale of the property shall be paid out of the purchase money upon receipt of full purchase price. All other fees, costs and charges relating to the transfer and assignment of the property shall be borne by the successful Purchaser. Online bidders are further subject to the Terms & Conditions on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. All intending bidders are required to deposit 10% of the fixed reserve price for the said property by Bank Draft or Cashier‟s Order in favour of UOBM for ▇▇▇ ▇▇▇▇ ▇▇▇▇ or remit the same through online banking transfer, one (1) working day before auction date. The balance of the purchase money shall be paid by the Purchaser within one hundred and twenty (120) days from the date of auction sale to UNITED OVERSEAS BANK (MALAYSIA) BHD via Real Time Electronics Transfer of Funds and Securities (▇▇▇▇▇▇). For online bidders please refer to the Terms & Conditions on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ on the manner of payment of the deposit. FOR FURTHER PARTICULARS, please contact M/S ▇▇▇ ▇▇▇▇▇▇▇ & Partners, of 27th Floor, Menara KH, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇. (Ref No.: KW/298-154/2023/UOB/LFY, Tel No.: ▇▇-▇▇▇▇▇▇▇▇, Fax No.: ▇▇-▇▇▇▇▇▇▇▇) the Assignee herein or the undermentioned Auctioneer. Suite C-20-3A, Level 20, Block C, Megan Avenue II, / ▇▇▇▇▇ ▇▇▇▇▇ BIN ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇, 50450 Kuala Lumpur (Licensed Auctioneers) Tel No.: ▇▇-▇▇▇▇ ▇▇▇▇ Fax No.: ▇▇-▇▇▇▇ ▇▇▇▇ Our Ref: AZWA/UOB0859/NHP(2) Website: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ E-mail: ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Dalam menjalankan ▇▇▇ ▇▇▇ kuasa ▇▇▇▇ telah diberikan kepada Pihak Pemegang Serahhak/Bank dibawah Perjanjian Pinjaman, Suratikatan Penyerahanhak ▇▇▇ Surat Kuasa Wakil kesemuanya bertarikh 28hb November, 2017 diantara Pihak Penyerahhak, Pihak Pelanggan ▇▇▇ Pihak Pemegang Serahhak/Bank yang diperbuat dalam perkara diatas, adalah dengan ini diisytiharkan bahawa Pihak Pemegang Serahhak/Bank tersebut dengan bantuan Pelelong yang tersebut dibawah.

  • Authorization and Description of Securities The Securities to be purchased by the Underwriters from the Company have been duly authorized for issuance and sale to the Underwriters pursuant to this Agreement and, when issued and delivered by the Company pursuant to this Agreement against payment of the consideration set forth herein, will be validly issued and fully paid and non-assessable; and the issuance of the Securities is not subject to the preemptive or other similar rights of any securityholder of the Company. The Common Stock conforms to all statements relating thereto contained in the Registration Statement, the General Disclosure Package and the Prospectus and such description conforms to the rights set forth in the instruments defining the same. No holder of Securities will be subject to personal liability by reason of being such a holder.