Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured Convertible Notes”. Notes not to exceed the aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 2 contracts
Samples: Indenture (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed 3.00% Convertible Senior Unsecured Convertible NotesSubordinated Notes due 2024”. Notes not to exceed the aggregate principal amount of $50,000,000 200,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.05, 3.06 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer its Treasurer, its Secretary or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 2 contracts
Samples: Indenture (Alliant Techsystems Inc), Indenture (Alliant Techsystems Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "5% Convertible Notes”. Subordinated Notes due 2007." Notes not to exceed the aggregate principal amount of $50,000,000 250,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Getty Images Inc), Indenture (Getty Images Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A B Zero Coupon Guaranteed Senior Unsecured Convertible Notes”. Notes not to exceed the aggregate principal amount of $50,000,000 84,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 2 contracts
Samples: Indenture (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon 1.0% Guaranteed Senior Unsecured Secured Convertible NotesNotes due 2012”. Notes not to exceed in the initial aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 60,000,000 upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (American Dairy Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "4 3/4% Convertible Notes”Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $50,000,000 260,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed 6.25% Convertible Senior Unsecured Convertible Notes”. Subordinated Secured Notes not to exceed the aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon due 2027.” Upon the execution of this Indenture, or from time Notes in the aggregate principal amount of up to time thereafter, may Twenty-Five Million Seven Hundred Fifty Thousand United States Dollars ($25,750,000.00) shall be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the CompanyCompany (the “Authentication Order”), signed by its Chairman of the BoardCompany’s (a) President, Chief Executive Officer, Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title title, a “Vice President”)) and (b) Chief Financial Officer, the Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Electroglas Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Convertible Senior Unsecured Convertible NotesSubordinated Notes due 2024”. Notes not to exceed the aggregate principal amount of $50,000,000 290,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05, 3.06, 3.10 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by one of its Chairman of the Board, Chief Executive Officer, the Chief Financial Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (On Semiconductor Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed "6% Convertible Senior Unsecured Convertible Notes”. Notes due 2025." Notes not to exceed the aggregate principal amount outstanding of Twenty-Three Million Seven Hundred and Fifty Thousand United States Dollars ($50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof23,750,000) upon the execution of this Indenture, Indenture or (except as provided in Section 2.6) from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the CompanyCompany (the "Authentication Order"), signed by its Chairman of the BoardCompany's (a) President, Chief Executive Officer, Executive or Senior Vice President or any Vice President (each such, whether or not designated by a number or numbers or word or words added before or after the title “title, a "Vice President”)") and (b) Chief Financial Officer, the Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Ats Medical Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured 7% Convertible NotesNotes Due 2023”. Notes not to exceed the aggregate principal amount of $50,000,000 125,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the ) and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Airtran Airways Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "4 1/4% Convertible Notes”Subordinated Notes Due 2007". Notes not to exceed the aggregate principal amount of $50,000,000 125,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 15.02 hereof) upon the execution of this ---- ---- ---- ---- ----- Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Axcelis Technologies Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured Convertible Notes”"5.375% CONVERTIBLE SENIOR NOTES DUE 2023". Notes not to exceed the aggregate principal amount of $50,000,000 74,750,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.05, 3.06 and 2.06 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, its Chief Executive Officer, President or its Chief Operating Officer, its President, its Chief Financial Officer, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”"), the Treasurer its Treasurer, its Secretary or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Town & Country Trust)
Designation Amount and Issue of Notes. The Notes shall be -------------------------------------- designated as “Tranche A Zero Coupon Guaranteed "8.30% Senior Unsecured Convertible Notes”Notes Due 2006". Notes not to exceed the aggregate principal amount of $50,000,000 600,000,000 (except pursuant to Sections 2.05 and 2.06 hereofas provided in Section 2.09) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman or Vice Chairman of the Board, Board of Directors or its Chief Executive Officer, Officer or its President or its Chief Financial Officer or any Vice President (whether or not designated and by a number or numbers or word or words added before or after the title “Vice President”), the its Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder. The Notes shall be senior in right of payment to all subordinated indebtedness of the Company, including, without limitation, the Senior Subordinated Debt.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon 1.0% Guaranteed Senior Unsecured Secured Convertible NotesNotes due 2012”. Notes not to exceed in the initial aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 20,000,000 upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (American Dairy Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed "2-7/8% Convertible Senior Unsecured Convertible Notes”Subordinated Notes due 2016". Notes not to exceed the aggregate principal amount of $50,000,000 172,500,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05, 3.06, 3.10 and 2.06 16.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”"), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Headwaters Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "6% Convertible Notes”Notes Due 2008". Notes not to exceed the aggregate principal amount of $50,000,000 10,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, which order shall be signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Standard Management Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "4 1/4% Convertible Notes”. Subordinated Notes due 2007." Notes not to exceed the aggregate principal amount of $50,000,000 287,500,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Burr Brown Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured Convertible Notes”"6.25% CONVERTIBLE SUBORDINATED NOTES DUE 2011". Notes not to exceed the aggregate principal amount of $50,000,000 40,250,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.01, 4.02 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”"), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Compudyne Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "2% Convertible Notes”Subordinated Notes due 2007". Notes not to exceed the aggregate principal amount of $50,000,000 550,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed 2.75% Convertible Senior Unsecured Convertible NotesSubordinated Notes due 2011”. Notes not to exceed the aggregate principal amount of $50,000,000 300,000,000 (except pursuant to Sections 2.05 2.05, 2.06 and 2.06 hereof3.01 hereof and provided the Company may issue additional Notes from time to time) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer its Treasurer, its Secretary or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Alliant Techsystems Inc)
Designation Amount and Issue of Notes. The Notes shall ----------- ------------------------------------- be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "4 1/2% Convertible Notes”Subordinated Notes due 2007". Notes not to exceed the aggregate principal amount of $50,000,000 400,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Semtech Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "5 1/4% Convertible Notes”Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $50,000,000 150,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed 2-7/8% Convertible Senior Unsecured Convertible Notes”. Subordinated Notes due 2016.” Notes not to exceed the aggregate principal amount of $50,000,000 172,500,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05, 3.06, 3.10 and 2.06 16.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Headwaters Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "5-3/4% Convertible Notes”Subordinated Notes due 2003". Notes not to exceed the aggregate principal amount of $50,000,000 90,000,000 (except pursuant to Sections 2.05 and 2.06 hereofor $103,500,000 if the over-allotment option set forth in Section 2(b) of the Purchase Agreement is exercised in full) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the BoardCompany's (a) President, Chief Executive Officer, or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (S3 Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon 1.0% Guaranteed Senior Unsecured Convertible NotesNotes due 2012”. Notes not to exceed the aggregate principal amount of $50,000,000 60,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (China Security & Surveillance Technology, Inc.)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon 3.0% Guaranteed Senior Unsecured Secured Convertible NotesNotes due 2012”. Notes not to exceed the aggregate principal amount of $50,000,000 20,000,000 (except pursuant to Sections 2.05 2.05, 2.06, and 2.06 3.07 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Fushi International Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed 4 1/4 % Convertible Senior Unsecured Convertible NotesNotes due 2007”. Except pursuant to Section 2.05, 2.06, 3.03, 3.05 and 15.02, hereof, Notes not to exceed the aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 88,300,000 upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the ) and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (LTX Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "4 1/4% Convertible Notes”Subordinated Notes due 2007". Notes not to exceed the aggregate principal amount of $50,000,000 550,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured Convertible Notes”"1 3/4% CONVERTIBLE NOTES DUE 2008". Notes not to exceed the aggregate principal amount of $50,000,000 400,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.05 and 2.06 16.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”"VICE PRESIDENT"), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Celgene Corp /De/)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "4 3/4% Convertible Notes”Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $50,000,000 175,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "6.875% Convertible Notes”. Subordinated Notes due 2010." Notes not to exceed the aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) E690,000,000 upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, (a) Chief Executive Officer, President, Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Amazon Com Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon 1.0% Guaranteed Senior Unsecured Convertible NotesNotes due 2012”. Notes not to exceed the aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (China Security & Surveillance Technology, Inc.)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed "7% Convertible Senior Unsecured Convertible Notes”. Notes due 2006." Notes not to exceed the aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 51,750,000 upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 15.2 and 16.2) from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the BoardCompany's (a) President, Chief Executive Officer, Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”)") and (b) Chief Financial Officer, the Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (General Electric Co)
Designation Amount and Issue of Notes. The Notes shall be -------------------------------------- designated as “Tranche A Zero Coupon Guaranteed "7% Convertible Senior Unsecured Convertible Notes”. Notes due 2006." Notes not to exceed the aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 51,750,000 upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 15.2 and 16.2) from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the BoardCompany's (a) President, Chief Executive Officer, Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”)") and (b) Chief Financial Officer, the Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Tivo Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon 1.0% Guaranteed Senior Unsecured Secured Convertible NotesNotes due 2012”. Notes not to exceed in the initial aggregate principal amount of $50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 40,000,000 upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Origin Agritech LTD)
Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche A Zero Coupon Guaranteed "6 3/4% Senior Unsecured Convertible Notes”Notes due 2010". Notes not to exceed the aggregate principal amount of $50,000,000 200,000,000 (or $230,000,000 if the option set forth in Section 2 of the Placement Agreement is exercised in full) (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”"), the its Chief Financial Officer, Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Spectrasite Holdings Inc)
Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- designated as “Tranche A Zero Coupon Guaranteed Senior Unsecured "3 3/4% Convertible Notes”Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $50,000,000 175,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “"Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Riverstone Networks Inc)