Creation of Series. There is hereby established a new series of Notes under the Base Indenture entitled “2.726% Notes due 2031” (the “2031 Notes”). The form of the 2031 Notes, including the form of the certificate of authentication, is attached hereto as Exhibit A. The Company shall issue the 2031 Notes in an aggregate principal amount of $1,250,000,000. The Company may from time to time, without the consent of the Holders of the 2031 Notes, “reopen” the series of 2031 Notes and create and issue additional Notes having substantially identical terms and conditions as the 2031 Notes (or in all respects except as to issue price, denomination, rate of interest, maturity date and the date from which interest, if any, shall accrue, and except as may otherwise be provided in or pursuant to such Officer’s Certificate or supplemental indenture relating thereto) so that the additional Notes are consolidated and form a single series with the outstanding 2031 Notes. The 2031 Notes initially shall be represented by one or more 2031 Notes of the same series in registered, global form without interest coupons. The global notes representing the 2031 Notes (collectively, the “2031 Global Notes”) initially shall be (i) registered in the name of the Depository Trust Company (the “Depositary”) or the nominee of such Depositary, in each case for credit to an account of a member of, or direct or indirect participant in, the Depositary; and (ii) delivered to Citibank, N.A. as custodian for such Depositary.
(a) The maturity date of the principal of the 2031 Notes shall be March 25, 2031 (the “Maturity Date”).
(b) The outstanding principal amount of the 2031 Notes shall accrue interest at a rate equal to 2.726% per annum, as provided in Section 2.03.
(c) Unless supplemented or superseded in this Supplemental Indenture, the terms of the 2031 Notes, including any Events of Default and covenants of the Company and the Guarantors are consistent with the Base Indenture and set forth therein.
Creation of Series. The parties hereto may from time to time enter into Series Trust Agreements, containing such terms as the parties deem appropriate and as are acceptable to the Series Trustee, and thereby create Series and sell, transfer, assign and otherwise convey Securities to the Trust or cause another Person to sell, transfer, assign and otherwise convey Securities to the Trust to be assigned to such Series. The Series Trustee for each new Series will be set forth in the Series Trust Agreement.
Creation of Series. There is hereby created a series of Securities designated “First Mortgage Bonds, Collateral Series 2010,” and the Securities of such series shall:
Creation of Series. 2022-A Subaccount in the Senior Bond Interest Account of the Senior Debt Service Fund. A separate Subaccount to be held by the Trustee is hereby created within the Senior Bond Interest Account of the Senior Debt Service Fund to be designated as the “Series 2022-A Subaccount of the Senior Bond Interest Account.” Amounts in the Series 2022-A Subaccount of the Senior Bond Interest Account shall be disbursed to pay interest on the Series 2022-A Bonds pursuant to the Agreement and this Thirty-Third Supplemental Agreement. The Trustee shall deposit into the Series 2022-A Subaccount of the Senior Bond Interest Account (a) amounts with respect to interest on the Series 2022-A Bonds received from the Authority, as provided in the Agreement, and (b) any other amounts deposited with the Trustee for deposit in the Series 2022-A Subaccount of the Senior Bond Interest Account or transferred from other funds and accounts for deposit therein. Earnings on all amounts in the Series 2022-A Subaccount of the Senior Bond Interest Account shall be retained in such Subaccount. The Trustee shall establish separate sub-accounts in the Series 2022-A Subaccount of the Senior Bond Interest Account for each source of deposit (including any investment income thereon) made into the Series 2022-A Subaccount of the Senior Bond Interest Account so that the Trustee may at all times ascertain the date of deposit, the amounts, and the source of the funds in each sub-account.
Creation of Series. (a) As permitted by, and in accordance with, Section 18-215 of the Act, this Agreement and the Delaware Certificate, provide for the designation and creation of separate Series Interests. Each Series shall be accounted for separately and independently from each other Series and separate and distinct records shall be kept for each Series. The Company shall not be operated or treated as a single partnership or joint venture.
(b) The Series Profits and Series Losses of each Series shall be determined solely by reference to the operations and activities of such Series, and no transaction, property or obligation of any other Series shall be taken into account in determining such Series Profits and Series Losses.
(c) Except as required by applicable Law: (i) with respect to each Series with a single Series Member and for which no entity classification election is made pursuant to Section 301.7701-3 of the Treasury Regulations, such Series Member shall report the affairs and results of such Series for federal income tax purposes as if the Series were disregarded as an entity separate from its owner; (ii) with respect to each Series with multiple Series Members, the Series Members shall report the affairs and results of such Series as if such Series were a separate business entity treated as a partnership for federal income tax purposes and as if each Operating Company associated with such Series (if an eligible entity within the meaning of Section 301.7701-3 of the Treasury Regulations) were disregarded as an entity separate from its owner (the partnership constituted by such Series) for federal income tax purposes.
(d) Schedule 2.08 identifies each Series and the following information applicable to each such Series and the Series Members thereof:
(i) the Series Percentages of each Series Member in each Series as of the Effective Date; and
(ii) the Voting Members of each Series and the Voting Percentages of each Voting Member with respect to the Company and each Series.
(e) The legal name, place of organization, mailing address and Series Percentages of each Series Member shall be listed on the books and records of the Series. An officer of the Series shall be required to update the books and records from time to time as necessary to accurately reflect the information therein.
Creation of Series. 1. New Series. ---------- In accordance with the Master Agreement, the Platform hereby establishes and designates the New Series, which shall be a "Series" for purposes of the Master Agreement. For all purposes of the Act, this Series Agreement, together with each other Separate Series Agreement and the Master Agreement constitute the "limited liability company agreement" of the Platform within the meaning of the Act. The terms and provisions of this Series Agreement may have the effect of altering, supplementing or amending the terms and provisions of the Master Agreement with respect to the New Series.
2. Name of New Series. ------------------ The name of the New Series created by this Series Agreement shall be UBS Managed Futures LLC (______ Series). Exh.-1
Creation of Series. The Board of Directors will have authority by resolution to cause to be created one or more series of Preferred Stock, and to determine and fix with respect to each series prior to the issuance of any shares of the series to which such resolution relates:
(i) The distinctive designation of the series and the number of shares which will constitute the series, which number may be increased or decreased (but not below the number of shares then outstanding) from time to time by action of the Board of Directors;
(ii) The dividend rate and the times of payment of dividends on the shares of the series, whether dividends will be cumulative, and if so, from what date or dates;
(iii) The price or prices at which, and the terms and conditions on which, the shares of the series may be redeemed at the option of the Corporation;
(iv) Whether or not the shares of the series will be entitled to the benefit of a retirement or sinking fund to be applied to the purchase or redemption of such shares and, if so entitled, the amount of such fund and the terms and provisions relative to the operation thereof;
(v) Whether or not the shares of the series will be convertible into, or exchangeable for, any other shares of stock of the Corporation or other securities, and if so convertible or exchangeable, the conversion price or prices, or the rates of exchange, and any adjustments thereof, at which such conversion or exchange may be made, and any other terms and conditions of such conversion or exchange;
(vi) The rights of the shares of the series in the event of voluntary or involuntary liquidation, dissolution or winding up of the Corporation;
(vii) Whether or not the shares of the series will have priority over or be on a parity with or be junior to the shares of any other series or class in any respect or will be entitled to the benefit of limitations restricting the issuance of shares of any other series or class having priority over or being on a parity with the shares of such series in any respect, or restricting the payment of dividends on or the making of other distributions in respect of shares of any other series or class ranking junior to the shares of the series as to dividends or assets, or restricting the purchase or redemption of the shares of any such junior series or class, and the terms of any such restriction;
(viii) Whether the series will have voting rights, in addition to any voting rights provided by law, and, if so, the terms of such voting rights; and
(ix)...
Creation of Series. The Board of Directors will have authority by resolution to cause to be created one or more series of Preferred Stock, and to determine and fix with respect to each series prior to the issuance of any shares of the series to which such resolution relates:
Creation of Series. In accordance with Section 2.02 of the Indenture, there is hereby created a series of Securities under the Indenture entitled "5.95% Senior Notes due 2013".
Creation of Series. The Partnership shall consist of one or more separate and distinct Series as contemplated by Section 17-218 of the Act. The General Partner hereby establishes and designates the following Series: “Superfund Green, L.P. Series A” (“Series A”) and “Superfund Green, L.P. Series B” (“Series B”) (each, a “Series”). Any additional Series created hereunder shall be established by the adoption of a resolution by the General Partner and shall be effective upon the date stated therein (or, if no such date is stated, upon the date of such adoption). The Units of each Series shall have the relative rights and preferences provided for herein and such rights as may be designated by the General Partner. The General Partner shall cause separate and distinct records for each Series to be maintained and the Partnership shall hold and account for the assets belonging thereto separately from the other Partnership property and the assets belonging to any other Series. Each Unit of a Series shall represent an equal beneficial interest in the net assets belonging to that Series. Unless the establishing resolution or any other resolution adopted pursuant to this Section 2(b) otherwise provides, Units of each Series established hereunder shall have the following relative rights and preferences:
(i) Limited Partners of a Series shall have no preemptive or other right to subscribe to any additional Units in such Series or other securities issued by the Partnership.
(ii) All consideration received by the Partnership for the issue or sale of the Units within a Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived form the sale, exchange, or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held and accounted for separately from the other assets of the Partnership and of every other Series and may be referred to herein as “assets belonging to” that Series or the “Series Estate”. The assets belonging to a particular Series shall belong to that Series for all purposes, and to no other Series, subject only to the rights of creditors of that Series. In addition, any assets, income, earnings, profits, or payments and proceeds with respect thereto, which are not readily identifiable as belonging to any particular Series shall be allocated by the General Partner between and among one ...
