Designation Amount and Issue of Notes. The Notes shall be designated as "4% Convertible Subordinated Notes due 2007". Notes not to exceed the aggregate principal amount of $500,000,000 (or $650,000,000 if the purchase right set forth in Section 2 of the Purchase Agreement dated January 28, 2000 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchaser is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 2 contracts
Samples: Indenture (Conexant Systems Inc), Indenture (Conexant Systems Inc)
Designation Amount and Issue of Notes. The Notes shall be -------------------------------------- designated as "46% Convertible Subordinated Notes due 2007". ." Notes not to exceed the aggregate principal amount of $500,000,000 (or $650,000,000 if the purchase right set forth in option granted to the Initial Purchasers pursuant to Section 2 2(b) of the Purchase Agreement dated January 28February 1, 2000 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchaser Purchasers is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 15.2 and 15.2 hereof16.2) 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 the Company's (a) its Chairman of the BoardPresident, 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 2 contracts
Samples: Indenture (E Trade Group Inc), Indenture (E Trade Group Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/2% Convertible Subordinated Notes due 2007". 2005." Notes not to exceed the aggregate principal amount of $500,000,000 100,000,000 (or $650,000,000 115,000,000 if the purchase right over-allotment option set forth in Section 2 7 of the Purchase Agreement dated January 28April 24, 2000 1998 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchaser Purchasers is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 15.2 and 15.2 hereof16.2) 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 the Company's (a) its Chairman of the BoardPresident, 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 2 contracts
Samples: Indenture (Financial Federal Corp), Indenture (Financial Federal Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as "47% Convertible Subordinated Notes due 2007". 2004." Notes not to exceed the aggregate principal amount of $500,000,000 50,000,000 (or $650,000,000 57,500,000 if the purchase right over- allotment option set forth in Section 2 2(b) of the Purchase Agreement Agreement, dated January 28June 27, 2000 (as amended from time to time by the parties thereto) 1997, by and between the Company and the Initial Purchaser Purchasers is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 hereof) upon the execution of this Indenture, or (except pursuant to Sections 2.8, 2.9, 15.2 and 16.1 hereof) 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 (a) its Chairman of the BoardPresident, Chief Executive Officer, 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) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 2 contracts
Samples: Indenture (Atlantic Coast Airlines Inc), Indenture (Atlantic Coast Airlines Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as "44 1/4 % Convertible Subordinated Notes due 20072006". 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 $500,000,000 150,000,000 (or $650,000,000 175,000,000 if the purchase right set forth in Section 2 of over-allotment option granted to the Initial Purchasers pursuant to the Purchase Agreement dated January 28August 2, 2000 (as amended from time to time by the parties thereto) by and 2001 between the Company and the Initial Purchaser Purchasers is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or 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 "44 1/2% Convertible Subordinated Notes due 2007CONVERTIBLE NOTES DUE 2008". Notes not to exceed the aggregate principal amount of $500,000,000 (80,000,000, or $650,000,000 if the purchase right set forth in Section 2 Company sells up to an additional $20,000,000 principal amount of its Notes pursuant to the option of the Initial Purchasers granted pursuant to the Purchase Agreement dated January 28as of August 13, 2000 (as amended from time to time by the parties thereto) by and 2003 between the Company and the Initial Purchaser is exercised Purchasers, limited in full) aggregate principal amount to $100,000,000, (except pursuant to Sections 2.52.05, 2.62.06, 3.3, 3.5 3.05 and 15.2 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 (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 PresidentVICE PRESIDENT") and (b) its ), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Atherogenics Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as "45 1/4% Convertible Subordinated Notes due 20072006". 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 $500,000,000 130,000,000 (or $650,000,000 150,000,000 if the purchase right set forth in Section 2 of over-allotment option granted to the Initial Purchaser pursuant to the Purchase Agreement dated January 28May 7, 2000 (as amended from time to time by the parties thereto) by and 2001 between the Company and the Initial Purchaser is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Globespan Inc/De)
Designation Amount and Issue of Notes. The Notes shall be designated as "4___% Convertible Subordinated Notes due 2007". 2001." Notes not to exceed the aggregate principal amount of $500,000,000 40,000,000 (or $650,000,000 46,000,000 if the purchase right over-allotment option set forth in Section 2 3(c) of the Purchase Underwriting Agreement dated January 28March __, 2000 1996 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchaser Underwriter is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 15.2 and 15.2 16.2 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 (a) its Chairman of the Board, Chief President, 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Iomega Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as "43 1/2%/7 1/4% Step-Up Convertible Subordinated Notes due 2007". 2004." Notes not to exceed the aggregate principal amount of $500,000,000 150,000,000 (or $650,000,000 172,500,000 if the purchase right over-allotment option set forth in Section 2 of the Purchase Agreement dated January 28August 1, 2000 1997 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchaser Purchasers is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 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 (a) its Chairman of the Board, 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Cymer Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as "45 3/4% Convertible Subordinated Notes due 2007". 2002." Notes not to exceed the aggregate principal amount of $500,000,000 50,000,000 (or $650,000,000 57,500,000 if the purchase right over-allotment option set forth in Section 2 2(b) of the Purchase Agreement Agreement, dated January 28October 7, 2000 (as amended from time to time by the parties thereto) 1997, by and between the Company and the Initial Purchaser is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 hereof) upon the execution of this Indenture, or (except pursuant to Sections 2.8, 2.9, 15.2 and 16.1 hereof) 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 (a) its Chairman of the BoardPresident, Chief Executive Officer, 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) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Kellstrom Industries Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as "4___% Convertible Subordinated Notes due 2007". 2001." Notes not to exceed the aggregate principal amount of $500,000,000 40,000,000 (or $650,000,000 46,000,000 if the purchase right over-allotment option set forth in Section 2 3(b) of the Purchase Underwriting Agreement dated January 28March __, 2000 1996 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchaser Underwriter is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 15.2 and 15.2 16.2 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 (a) its Chairman of the Board, Chief President, 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Iomega Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as "4___% Convertible Subordinated Notes due 2007". 2004." Notes not to exceed the aggregate principal amount at maturity of $500,000,000 180,000,000 (or $650,000,000 207,000,000 if the purchase right over-allotment option set forth in Section 2 of the Purchase Underwriting Agreement dated January 28_________, 2000 1997 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchaser Notes Representatives is exercised in full) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 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 make available for delivery said Notes to or upon the written order of the Company, signed by its (a) its Chairman of the BoardPresident, 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Corestaff Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as "4“6.25% Convertible Subordinated Notes due 2007"Due 2008”. Notes not to exceed the aggregate principal amount of $500,000,000 (or $650,000,000 50,000,000 or, if the purchase right set forth in Section 2 Company sells an additional $10,000,000 principal amount of its Notes pursuant to the Initial Purchaser’s option granted pursuant to the Purchase Agreement dated January 28Agreement, 2000 not to exceed the aggregate principal amount of $60,000,000 (in each case except as amended from time to time by the parties thereto) by and between the Company and the Initial Purchaser is exercised in full) (except pursuant to Sections 2.52.05, 2.62.06, 3.3, 3.5 3.06 and 15.2 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 (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") and (b) its ”), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Durect Corp)