Common use of Designation Amount and Issue of Notes Clause in Contracts

Designation Amount and Issue of Notes. The Notes shall be designated as "4% Convertible Subordinated Notes Due 2026". Notes not to exceed the aggregate principal amount of $200,000,000 (not to exceed the aggregate principal amount of $250,000,000 if the Initial Purchaser exercises the option granted to it pursuant to the Purchase Agreement) (except to the extent provided otherwise hereunder) 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 (Conexant Systems Inc)

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Designation Amount and Issue of Notes. The Notes shall be designated as "43-3/4% Convertible Subordinated Notes Due 2026". due 2007." Notes not to exceed the aggregate principal amount of $200,000,000 (not to exceed the aggregate principal amount of or $250,000,000 if the Initial Purchaser exercises the option granted to it pursuant to set forth in Section 2(b) of the Purchase Agreement) (except to the extent provided otherwise hereunderAgreement is exercised in full) 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, 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, provided, however, that said Notes may not be executed, delivered or authenticated unless and until the Trustee shall have received an Officers' Certificate and opinion of counsel.

Appears in 1 contract

Samples: Indenture (Alkermes Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "46 7/8% Convertible Subordinated Notes Due 20262007". Notes not to exceed the aggregate principal amount of $200,000,000 150,000,000 (not to exceed the aggregate principal amount of or $250,000,000 172,500,000 if the Initial Purchaser exercises the option granted to it pursuant to set forth in Section 2 of the Purchase AgreementAgreement dated as of May 29, 2002 by and between the Company and the Initial Purchasers is exercised in full) (except pursuant to the extent provided Sections 2.05, 2.06, 3.03, 3.05 and 15.02 hereof or as otherwise hereunderexpressly permitted herein) 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 (Mentor Graphics Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as "4% “Zero Coupon Convertible Senior Subordinated Notes Due 2026"due 2024, Series B”. Notes not to exceed the aggregate principal amount of $200,000,000 260,000,000 (not to exceed the aggregate principal amount of $250,000,000 if the Initial Purchaser exercises the option granted to it except pursuant to the Purchase Agreement) (except to the extent provided otherwise hereunderSections 2.05, 2.06, 3.03, 3.05, 3.06, 3.10 and 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)

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Designation Amount and Issue of Notes. The Notes shall be designated as "4“7.375% Convertible Subordinated Second Lien Notes Due 2026". due 2012.” Notes not to exceed the aggregate principal amount of One Hundred Twenty-Five Million United States Dollars ($200,000,000 (not to exceed the aggregate principal amount of $250,000,000 if the Initial Purchaser exercises the option granted to it pursuant to the Purchase Agreement) (except to the extent provided otherwise hereunder125,000,000) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3 and 15.2) 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 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 Assistant Treasurer or its Secretary or any Assistant Treasurer or Secretary and delivered to the Secretary or Assistant SecretaryTrustee, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (RCN Corp /De/)

Designation Amount and Issue of Notes. The Notes shall be designated as "47.375% Convertible Subordinated Second Lien Notes Due 2026". due 2012." Notes not to exceed the aggregate principal amount of One Hundred Twenty-Five Million United States Dollars ($200,000,000 (not to exceed the aggregate principal amount of $250,000,000 if the Initial Purchaser exercises the option granted to it pursuant to the Purchase Agreement) (except to the extent provided otherwise hereunder125,000,000) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3 and 15.2) 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 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 Assistant Treasurer or its Secretary or any Assistant Treasurer or Secretary and delivered to the Secretary or Assistant SecretaryTrustee, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (RCN Corp /De/)

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