Establishment. (a) There is hereby established a new Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, designated as the Issuer’s 6.375% Senior Subordinated Notes due 2023. (b) There are to be authenticated and delivered on the date hereof up to $425,000,000 aggregate principal amount of the Notes. (c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenture. (d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenture. (e) Solely with respect to the Notes and the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 and 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Supplemental Indenture, including as follows: (1) the form and terms of the securities representing the Notes required to be established pursuant to Article Two of the Base Indenture are established pursuant to Article Two of this Supplemental Indenture; (2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture; (3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture); (4) to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling; (5) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and (6) unless otherwise expressly specified, references in this Supplemental Indenture to specific Article or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Supplemental Indenture (Alere Inc.)
Establishment. (a) There is hereby established a new Series series of Debt Securities (each as defined in the Base Indenture) to be issued under this Fourth Supplemental Indenture, to be designated as the Issuer’s 6.375Issuers’ 6.500% Senior Subordinated Notes due 20232021. Notwithstanding any provision of the Base Indenture to the contrary, Finance Co, in lieu of the Prior Co-Issuer, shall be the co-issuer of the Notes with the Company, and accordingly the Prior Co-Issuer will have no liability in respect thereof. The Prior Co-Issuer hereby ratifies, confirms and approves the Second Supplemental Indenture dated as of May 17, 2012 among the Issuers, the Subsidiary Guarantors and the Trustee relating to the Issuers’ 8.375% Senior Notes due 2020 as fully and for all intents and purposes as if the Prior Co-Issuer were a party thereto.
(b) There are to be authenticated and delivered on the date hereof up to Four Hundred Million Dollars ($425,000,000 400,000,000) aggregate principal amount of the Notes. Additional Notes may be issued under this Fourth Supplemental Indenture after the date hereof in accordance with Section 2.13.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two substantially the form set out in Exhibit A hereto. The Initial Notes shall be issued initially in the form of this Supplemental Indenturea 144A Global Note and a Regulation S Global Note.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the any related Guarantees) only, the Base Indenture shall be amended, amended and supplemented and modified pursuant to Sections 2.01, 2.02 2.03 and 9.01 thereof to establish the form and terms of the Notes (and the Guarantees any related Guarantees) as set forth in this Fourth Supplemental Indenture, including as follows:
(1i) the form provisions of Articles I, II, III, IV, V, VI, VII, IX, X, XI, XIII and terms of the securities representing the Notes required to be established pursuant to Article Two XIV of the Base Indenture are established pursuant to Article Two of this Supplemental Indenture;
(2) deleted and replaced in their entirety by the provisions of Articles One1, Two2, Three3, Four4, Five5, Six6, Seven7, Eight8, Nine 9, 10, 11 and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve 12 of this Fourth Supplemental Indenture;; and
(3ii) the provisions Notes shall be substantially in the form of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to Exhibit A hereto. To the extent that the provisions of this Fourth Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Fourth Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any related Guarantees).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Fourth Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (PVR Partners, L. P.)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.3756 1/8% Senior Subordinated Notes due 20232022.
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred Million Dollars ($425,000,000 300,000,000) aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this Third Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII and XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of this Third Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Third Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this Third Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Third Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Third Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is are hereby established a two new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“7.875% Senior Subordinated Notes due 20232018” and “8.125% Senior Notes due 2020.”
(b) There are to be authenticated and delivered on the date hereof up to (i) Three Hundred Fifty Million Dollars ($425,000,000 350,000,000) aggregate principal amount of the 2018 Notes and (ii) (i) Three Hundred Fifty Million Dollars ($350,000,000) aggregate principal amount of the 2020 Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two substantially the form set out in Exhibit A-1, in the case of this Supplemental Indenturethe 2018 Notes, and Exhibit A-2, in the case of the 2020 Notes.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV and XVI of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this First Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“4.75% Senior Subordinated Notes due 2023.”
(b) There are to be authenticated and delivered on the date hereof up to Five Hundred Million Dollars ($425,000,000 500,000,000) aggregate principal amount of the Initial Notes.
(c) The Initial Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A.
(d) Pursuant to the Exchange Offer, there are to be authenticated and delivered Exchange Notes from time to time for issue only in exchange for a like principal amount of this Supplemental IndentureInitial Notes.
(de) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount (and if issued with a Private Placement Legend, the same principal amount of Exchange Notes in exchange therefor upon consummation of a registered exchange offer).
(f) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(eg) Solely with With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this Third Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV and XVI of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Third Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Third Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this Third Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Third Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5h) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Third Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the IssuerCompany’s 6.375“4.000% Senior Subordinated Notes due 20232028”.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 500,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.03.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in accordance with Article Two of this Supplemental IndentureExhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(1i) the form and terms of the securities representing the Notes required to be established pursuant to Article Two TWO of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Supplemental Indenture;
(2ii) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten Article FOUR of the Base Indenture are superseded deleted and replaced in their entirety by, respectively, by the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental IndentureArticle 8 hereof;
(3iii) the provisions of Articles Ten and Eleven Article EIGHT of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented are deleted and replaced in their entirety by this Supplemental Indenture)the provisions of Article 5 hereof;
(4iv) the provisions of Article TWELVE of the Base Indenture shall not be applicable to the Notes;
(v) the provisions of Article THIRTEEN of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 hereof;
(vi) the provisions of Article FIFTEEN of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 7 hereof;
(vii) the provisions of Section 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 hereof;
(viii) the provisions of Section 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.01 hereof;
(ix) the provisions of Section 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.02 hereof; and
(x) that payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium on all Global Notes, subject to Applicable Procedures, and all other Notes the Holders of which shall have provided wire transfer instructions no later than 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its judgment), to the Company or the Paying Agent. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2i), (ii), (iii), (iv), (vi), (vii), (viii) and (3ix) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Twelfth Supplemental Indenture (TreeHouse Foods, Inc.)
Establishment. (a) There is hereby established a new Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, designated as the Issuer’s 6.3757.875% Senior Subordinated Notes due 20232016.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 150,000,000 aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notesfor, all as further provided in this Supplemental Indenture.
(e) Solely with respect to the Notes and the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 and 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Supplemental Indenture, including as follows:
(1) the form and terms of the securities representing the Notes required to be established pursuant to Article Two of the Base Indenture are established pursuant to Article Two of this Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve Eleven of this Supplemental Indenture;
(3) the provisions of Articles Article Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;
(5) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless otherwise expressly specified, references in this Supplemental Indenture to specific Article or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: First Supplemental Indenture (Inverness Medical Innovations Inc)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the IssuerCompany’s 6.375“6.00% Senior Subordinated Notes due 20232024”.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 775,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.03.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in accordance with Article Two of this Supplemental IndentureExhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(1i) the form and terms of the securities representing the Notes required to be established pursuant to Article Two TWO of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Supplemental Indenture;
(2ii) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten Article FOUR of the Base Indenture are superseded deleted and replaced in their entirety by, respectively, by the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine Article 8 hereof;
(iii) the provisions of Article EIGHT of the Base Indenture are deleted and Twelve replaced in their entirety by the provisions of Article 5 hereof;
(iv) the provisions of Article TWELVE of the Base Indenture shall not be applicable to the Notes;
(v) the provisions of Article THIRTEEN of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Supplemental Indenture;
(3vi) the provisions of Articles Ten and Eleven Article FIFTEEN of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented are deleted and replaced in their entirety by this Supplemental Indenture)the provisions of Article 7 hereof;
(4vii) the provisions of Section 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 hereof;
(viii) the provisions of Section 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.01 hereof;
(ix) the provisions of Section 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.02 hereof;
(x) that payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium on all Global Notes, subject to Applicable Procedures, and all other Notes the Holders of which shall have provided wire transfer instructions no later than 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its judgment), to the Company or the Paying Agent. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2i), (ii), (iii), (iv), (vi), (vii), (viii) and (3ix) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Ninth Supplemental Indenture (TreeHouse Foods, Inc.)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the IssuerCompany’s 6.375“5 3⁄8% Senior Subordinated Notes due 20232024.”
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 225,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.04.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in accordance with Article Two of this Supplemental IndentureExhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with The Notes are to be issued in fully registered form only, without coupons, in denominations of $2,000 and integral multiples of $1,000 in excess thereof.
(f) With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.012.1, 2.02 3.1 and 9.01 9.1 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(1i) the form and terms of the securities representing the Notes required to be established pursuant to Article Two 2 of the Base Indenture are shall be established pursuant to in accordance with Article Two II of this Supplemental Indenture;
(2ii) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten Article 4 of the Base Indenture are superseded deleted and replaced in their entirety by, respectively, by the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine Article VII hereof;
(iii) the provisions of Article 8 of the Base Indenture are deleted and Twelve replaced in their entirety by the provisions of Article V hereof;
(iv) the provisions of Article 10 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV hereof;
(v) the provisions of Article 11 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article III hereof;
(vi) the provisions of Article 12 of the Base Indenture shall not be applicable to the Notes;
(vii) the provisions of Article 13 of the Base Indenture shall be applicable to the Senior Notes as specified in Section 9.01 of this Supplemental Indenture;
(3viii) the provisions of Articles Ten Sections 5.1, 5.2 and Eleven 5.6 of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented are deleted and replaced in their entirety by this Supplemental Indenture)the provisions of Section 6.01, 6.02 and 6.03 hereof, respectively;
(4ix) to the provisions of Section 7.4 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.10 hereof;
(x) the provisions of Section 9.1 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.01 hereof; and
(xi) the provisions of Section 9.2 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.02 hereof. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (3xi) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“3.550% Senior Subordinated Notes due 20232052.”
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred Fifty Million Dollars ($425,000,000 350,000,000) aggregate principal amount of the Initial Notes.
(c) The Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A.
(d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of this Supplemental IndentureExhibit A hereto) in an unlimited amount.
(de) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(ef) Solely with With respect to the Notes and the Guaranteesonly, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes and the Guarantees as set forth in this Second Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Second Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes.
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, designated as the Issuer’s 6.3757.875% Senior Subordinated Notes due 20232016.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 100,000,000 aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (whichAugust 11, in the case of the Initial Notes, is the Issue Date) 2009 or from the most recent date to which interest has been paid or duly provided for on the applicable Notesfor, all as further provided in this Supplemental Indenture.
(e) Solely with respect to the Notes and the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 and 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Supplemental Indenture, including as follows:
(1) the form and terms of the securities representing the Notes required to be established pursuant to Article Two of the Base Indenture are established pursuant to Article Two of this Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve Eleven of this Supplemental Indenture;
(3) the provisions of Articles Article Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;
(5) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless otherwise expressly specified, references in this Supplemental Indenture to specific Article or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Third Supplemental Indenture (Inverness Medical Innovations Inc)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“5.375% Senior Subordinated Notes due 20232024.”
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred and Twenty-Five Million Dollars ($425,000,000 325,000,000) aggregate principal amount of the Initial Notes.
(c) The Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A.
(d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of this Supplemental IndentureExhibit A hereto) in an unlimited amount.
(de) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(ef) Solely with With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this Fourth Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV and XVI of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Fourth Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Fourth Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this Fourth Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Fourth Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Fourth Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.3756.125% Senior Subordinated Notes due 20232023 (the “Notes”).
(b) There are is to be authenticated and delivered on the date hereof up to $425,000,000 400.0 million aggregate principal amount of Notes issued on the date hereof (the “Initial Notes”).
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this Third Supplemental Indenture, including as follows:
(1i) the provisions of Article IV of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.06 of this Third Supplemental Indenture;
(ii) the provisions of Article VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 of this Third Supplemental Indenture;
(iii) the provisions of Article IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 of this Third Supplemental Indenture;
(iv) the provisions of Article X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 4 of this Third Supplemental Indenture;
(v) the provisions of Article XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 of this Third Supplemental Indenture;
(vi) the provisions of Article XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 3 of this Third Supplemental Indenture;
(vii) the provisions in Sections 501 and 502 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 of this Third Supplemental Indenture;
(viii) the provisions in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 of this Third Supplemental Indenture;
(ix) the provisions of Article XII of the Base Indenture shall not be applicable to the Notes;
(x) the provisions of Article XVI of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Third Supplemental Indenture; and
(xi) the form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Third Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to . To the extent that the provisions of this Third Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Third Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven The Notes shall rank pari passu in right of payment with all of the Base Indenture is deleted Company’s existing and future Senior Debt, including the Debt Facility and the Guarantees shall rank pari passu in its entirety for purposes right of this Supplemental Indenture; andpayment with all existing and future Senior Debt of each Guarantor, including guarantees of the Debt Facility.
(6g) unless Unless otherwise expressly specified, references in this Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Third Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Third Supplemental Indenture (Central Garden & Pet Co)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Second Supplemental Indenture, to be designated as the IssuerCompany’s 6.375“5.00% Senior Subordinated Notes due 20232026.”
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 500,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Second Supplemental Indenture after the date hereof in accordance with Section 2.04.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in accordance with Article Two of this Supplemental IndentureExhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with The Notes are to be issued in fully registered form only, without coupons, in denominations of $2,000 and integral multiples of $1,000 in excess thereof.
(f) With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.012.1, 2.02 3.1 and 9.01 9.1 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows:
(1i) the form and terms of the securities representing the Notes required to be established pursuant to Article Two 2 of the Base Indenture shall be established in accordance with Article II of this Second Supplemental Indenture;
(ii) the provisions of Article 4 of the Base Indenture are established pursuant deleted and replaced in their entirety by the provisions of Article VII hereof;
(iii) the provisions of Article 8 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V hereof;
(iv) the provisions of Article 10 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV hereof;
(v) the provisions of Article 11 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article III hereof;
(vi) the provisions of Article 12 of the Base Indenture shall not be applicable to the Notes;
(vii) the provisions of Article Two 13 of the Base Indenture shall be applicable to the Notes as specified in Section 9.01 of this Second Supplemental Indenture;
(2viii) the provisions of Articles OneSections 5.1, Two, Three, Four, Five, Six, Seven, Eight, Nine 5.2 and Ten 5.6 of the Base Indenture are superseded deleted and replaced in their entirety by, respectively, by the provisions of Articles OneSection 6.01, Two6.02 and 6.03 hereof, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenturerespectively;
(3ix) the provisions of Articles Ten and Eleven Section 7.4 of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented are deleted and replaced in their entirety by this Supplemental Indenture)the provisions of Section 4.08 hereof;
(4x) to the provisions of Section 9.1 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.01 hereof; and
(xi) the provisions of Section 9.2 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.02 hereof. To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (2i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (3xi) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.3755.125% Senior Subordinated Notes due 20232028 (the “Notes”).
(b) There are is to be authenticated and delivered on the date hereof up to $425,000,000 300.0 million aggregate principal amount of Notes issued on the date hereof (the “Initial Notes”).
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this Seventh Supplemental Indenture, including as follows:
(1i) the provisions of Article IV of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.06 of this Seventh Supplemental Indenture;
(ii) the provisions of Article VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 of this Seventh Supplemental Indenture;
(iii) the provisions of Article IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 of this Seventh Supplemental Indenture;
(iv) the provisions of Article X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 4 of this Seventh Supplemental Indenture;
(v) the provisions of Article XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 of this Seventh Supplemental Indenture;
(vi) the provisions of Article XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 3 of this Seventh Supplemental Indenture;
(vii) the provisions in Sections 501 and 502 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 of this Seventh Supplemental Indenture;
(viii) the provisions in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 of this Seventh Supplemental Indenture;
(ix) the provisions of Article XII of the Base Indenture shall not be applicable to the Notes;
(x) the provisions of Article XVI of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Seventh Supplemental Indenture; and
(xi) the form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Seventh Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to . To the extent that the provisions of this Seventh Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Seventh Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven The Notes shall rank pari passu in right of payment with all of the Base Indenture is deleted Company’s existing and future Senior Debt, including the Debt Facility and the Existing Senior Notes and the Guarantees shall rank pari passu in its entirety for purposes right of this Supplemental Indenture; andpayment with all existing and future Senior Debt of each Guarantor, including guarantees of the Debt Facility and the Existing Senior Notes.
(6g) unless Unless otherwise expressly specified, references in this Seventh Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Seventh Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Seventh Supplemental Indenture (Central Garden & Pet Co)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.3758 1/4% Senior Subordinated Notes due 20232018 (the “Notes”).
(b) There are is to be authenticated and delivered on the date hereof up to $425,000,000 400 million aggregate principal amount of Notes issued on the date hereof (the “Initial Notes”).
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(1i) The provisions of Article IV of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.06 of this First Supplemental Indenture;
(ii) The provisions of Article VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 of this First Supplemental Indenture;
(iii) The provisions of Article IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 of this First Supplemental Indenture;
(iv) The provisions of Article X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 4 of this First Supplemental Indenture;
(v) The provisions of Article XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 of this First Supplemental Indenture;
(vi) The provisions in Sections 501 and 502 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 of this First Supplemental Indenture;
(vii) The provisions in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 of this First Supplemental Indenture;
(viii) The provisions of Article XII of the Base Indenture shall not be applicable to the Notes;
(ix) The provisions of Article XVI of the Base Indenture shall be applicable to the Notes as specified in Section 11.01 of this First Supplemental Indenture; and
(x) The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to . To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven The Notes shall rank pari passu with the Existing Senior Subordinated Notes and the Guarantees shall rank pari passu with the guarantees of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; andExisting Senior Subordinated Notes.
(6g) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: First Supplemental Indenture (Central Garden & Pet Co)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“5.25% Senior Subordinated Notes due 20232025.”
(b) There are to be authenticated and delivered on the date hereof up to Six Hundred and Fifty Million Dollars ($425,000,000 650,000,000) aggregate principal amount of the Initial Notes.
(c) The Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A.
(d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of this Supplemental IndentureExhibit A hereto) in an unlimited amount.
(de) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(ef) Solely with With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this Fifth Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV and XVI of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11, of this Fifth Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Fifth Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this Fifth Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Fifth Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Fifth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Fifth Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“4.250% Senior Subordinated Notes due 20232029.”
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred Seventy Five Million Dollars ($425,000,000 375,000,000) aggregate principal amount of the Initial Notes.
(c) The Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A.
(d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of this Supplemental IndentureExhibit A hereto) in an unlimited amount.
(de) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(ef) Solely with With respect to the Notes and the Guaranteesonly, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes and the Guarantees as set forth in this Second Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Second Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes.
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.3754.125% Senior Subordinated Notes due 20232030 (the “Notes”).
(b) There are is to be authenticated and delivered on the date hereof up to $425,000,000 500.0 million aggregate principal amount of Notes issued on the date hereof (the “Initial Notes”).
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this Eleventh Supplemental Indenture, including as follows:
(1i) the provisions of Article IV of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.06 of this Eleventh Supplemental Indenture;
(ii) the provisions of Article VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 of this Eleventh Supplemental Indenture;
(iii) the provisions of Article IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 of this Eleventh Supplemental Indenture;
(iv) the provisions of Article X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 4 of this Eleventh Supplemental Indenture;
(v) the provisions of Article XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 of this Eleventh Supplemental Indenture;
(vi) the provisions of Article XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 3 of this Eleventh Supplemental Indenture;
(vii) the provisions in Sections 501 and 502 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 of this Eleventh Supplemental Indenture;
(viii) the provisions in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 of this Eleventh Supplemental Indenture;
(ix) the provisions of Article XII of the Base Indenture shall not be applicable to the Notes;
(x) the provisions of Article XVI of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Eleventh Supplemental Indenture; and
(xi) the form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Eleventh Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to . To the extent that the provisions of this Eleventh Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Eleventh Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven The Notes shall rank pari passu in right of payment with all of the Base Indenture is deleted Company’s existing and future Senior Debt, including the Debt Facility and the Existing Senior Notes and the Guarantees shall rank pari passu in its entirety for purposes right of this Supplemental Indenture; andpayment with all existing and future Senior Debt of each Guarantor, including guarantees of the Debt Facility and the Existing Senior Notes.
(6g) unless Unless otherwise expressly specified, references in this Eleventh Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Eleventh Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co)
Establishment. (a) There is hereby established a new Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, designated as the Issuer’s 6.3757.250% Senior Subordinated Notes due 20232018.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 450,000,000 aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenture.
(e) Solely with respect to the Notes and the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 and 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Supplemental Indenture, including as follows:
(1) the form and terms of the securities representing the Notes required to be established pursuant to Article Two of the Base Indenture are established pursuant to Article Two of this Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve Eleven of this Supplemental Indenture;
(3) the provisions of Articles Article Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;
(5) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless otherwise expressly specified, references in this Supplemental Indenture to specific Article or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“3.800% Senior Subordinated Notes due 20232027.”
(b) There are to be authenticated and delivered on the date hereof up to Seven Hundred and Fifty Million Dollars ($425,000,000 750,000,000) aggregate principal amount of the Initial Notes.
(c) The Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A.
(d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of this Supplemental IndentureExhibit A hereto) in an unlimited amount.
(de) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(ef) Solely with With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9, 10 and 11, of this First Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“3.500% Senior Subordinated Notes due 20232030.”
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred Fifty Million Dollars ($425,000,000 350,000,000) aggregate principal amount of the Initial Notes.
(c) The Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A. Table of this Supplemental IndentureContents
(d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount.
(de) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(ef) Solely with With respect to the Notes and the Guaranteesonly, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes and the Guarantees as set forth in this Fourth Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Fourth Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Fourth Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this Fourth Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Fourth Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes.
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Fourth Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is are hereby established a two new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375U.S. dollar-denominated 7 1/2% Senior Subordinated Notes due 20232020 (the “Dollar Notes”) and euro-denominated 7 1/2% Senior Subordinated Notes due 2020 (the “Euro Notes” and together with the Dollar Notes, the “Notes”).
(b) There are to be authenticated and delivered on the date hereof up to (i) $425,000,000 275 million aggregate principal amount of Dollar Notes issued on the date hereof (the “Initial Dollar Notes”) and (ii) €150 million aggregate principal amount of Euro Notes issued on the date hereof (the “Initial Euro Notes” and together with the Initial Dollar Notes, the “Initial Notes”).
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two substantially the form set out in Exhibit A-1 (in the case of this Supplemental Indenturethe Dollar Notes) and Exhibit A-2 (in the case of the Euro Notes) hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 3.01 and 9.01 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII and XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of this First Supplemental Indenture; and
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to . To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven The Notes shall rank pari passu with the Existing Senior Subordinated Notes and the Guarantees shall rank pari passu with the guarantees of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; andExisting Senior Subordinated Notes.
(6g) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby an established a new Series series of Securities (each as defined in the Base Indenture) to be securities issued under this the Existing Indenture, designated as the IssuerCompany’s 6.3757 1/2% Senior Subordinated Notes due 20232017, substantially in the form set forth in Exhibit A to the First Supplemental Indenture.
(b) There are to be authenticated and delivered on the date hereof up to One Hundred Million Dollars ($425,000,000 100,000,000) aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this substantially the form set out in Exhibit A to the First Supplemental Indenture.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (whichthereof, unless otherwise specified in the case of the Initial NotesNote, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Existing Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 3.01 and 9.01 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows:
(1) including, the form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Existing Indenture are shall be established pursuant to in accordance with Article Two 2 of this Second Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to . To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, with any provision of the Base Existing Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven of The Notes shall rank pari passu with the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; andCompany’s Existing Notes and Old Notes.
(6g) unless Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Existing Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, designated as the Issuer’s 6.3756.500% Senior Subordinated Notes due 20232020.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenture.
(e) Solely with respect to the Notes and the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 and 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Supplemental Indenture, including as follows:
(1) the form and terms of the securities representing the Notes required to be established pursuant to Article Two of the Base Indenture are established pursuant to Article Two of this Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;
(5) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless otherwise expressly specified, references in this Supplemental Indenture to specific Article or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this the Indenture, to be designated as the IssuerCompany’s 6.3757 1/2% Senior Subordinated Notes due 20232017.
(b) There are to be authenticated and delivered on the date hereof up to Five Hundred Fifty Million Dollars ($425,000,000 550,000,000) aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 3.01 and 9.01 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 14 of this First Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven of The Notes shall rank pari passu with the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; andCompany’s Existing Notes.
(6g) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, designated as the Issuer’s 6.3759.00% Senior Subordinated Notes due 20232016.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 400,000,000 aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notesfor, all as further provided in this Supplemental Indenture.
(e) Solely with respect to the Notes and the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 and 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Supplemental Indenture, including as follows:
(1) the form and terms of the securities representing the Notes required to be established pursuant to Article Two of the Base Indenture are established pursuant to Article Two of this Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;
(5) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless otherwise expressly specified, references in this Supplemental Indenture to specific Article or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: First Supplemental Indenture (Inverness Medical Innovations Inc)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the IssuerCompany’s 6.375“6 7/8% Senior Subordinated Notes due 20232020”.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 225,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.03.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes Exhibit A hereto (subject, in the case of Additional Notes, to revisions to reflect the terms thereof established in accordance with Article Two of this Supplemental IndentureSection 2.03).
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the GuaranteesSubsidiary Guarantee) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 and 9.01 Section 2.01 thereof to establish the terms of the Notes (and the Guarantees Subsidiary Guarantee) as set forth in this Supplemental Indenture, including as follows:
(1i) the form and terms provisions of the securities representing the Notes required to be established pursuant to Article Two Section 4.01 of the Base Indenture are established pursuant to Article Two deleted and replaced in their entirety by the provisions of this Supplemental IndentureSection 4.01 hereof;
(2ii) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine Sections 4.05 and Ten 4.06 of the Base Indenture are superseded deleted in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indentureentirety;
(3iii) the provisions of Articles Ten and Eleven Section 4.07 of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented are deleted and replaced in their entirety by this Supplemental Indenture)the provisions of Section 4.02 hereof;
(4iv) the provisions of Section 4.08 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 hereof;
(v) the provisions of Article V of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 hereof;
(vi) the provisions of Sections 6.01 and 6.02 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 hereof;
(vii) the provisions of Sections 8.01 and 8.02 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 hereof;
(viii) the provisions of Sections 9.01 and 9.02 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 hereof;
(ix) payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium on all Global Securities and all other Notes the Holders of which shall have provided wire transfer instructions no later than 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its judgment) to the Company or the Paying Agent. All other payments on Notes will be made at the office or agency of the Paying Agent and Registrar unless the Company elects to make interest payments by check mailed to the Holders at their respective addresses set forth in the Security Register. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2) and (3) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and the Subsidiary Guarantee).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: First Supplemental Indenture (Briggs & Stratton Corp)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Second Supplemental Indenture, to be designated as the Issuer’s 6.375Issuers’ 8.375% Senior Subordinated Notes due 20232020. Finance Co hereby irrevocably, absolutely and unconditionally becomes a party to the Base Indenture as an Issuer under such agreement and agrees to be bound by all the terms, conditions, covenants, obligations, liabilities and undertakings of each Issuer or to which each Issuer is subject thereunder, as supplemented and amended by this Second Supplemental Indenture, all with the same force and effect as if Finance Co were a signatory to the Base Indenture. Notwithstanding any provision of the Base Indenture, Penn Virginia Resource Finance Corporation, a Delaware corporation and co-issuer of the Company’s 8 1/4% Senior Notes due 2018, shall not be a co-issuer of the Notes, and accordingly will have no liability in respect thereof.
(b) There are to be authenticated and delivered on the date hereof up to Six Hundred Million Dollars ($425,000,000 600,000,000) aggregate principal amount of the Notes. Additional Notes may be issued under this Second Supplemental Indenture after the date hereof in accordance with Section 2.13.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 2.03 and 9.01 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows:
(i) the provisions of Articles I, II, III, IV, V, VI, VII, IX, X, XI, XIII and XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Second Supplemental Indenture; and
(ii) the form and terms of the securities representing the Notes required to be established pursuant to Article Two 2 of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Second Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to . To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Second Supplemental Indenture (Penn Virginia Resource Partners L P)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this First Supplemental Indenture, to be designated as the Issuer’s 6.375% 8¾% Senior Subordinated Notes due 20232017.
(b) There are to be authenticated and delivered on the date hereof up to Four Hundred Million Dollars ($425,000,000 400,000,000) aggregate principal amount of the Notes. Additional Notes may be issued under this First Supplemental Indenture after the date hereof in accordance with Section 2.13.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) the provisions of Articles 1, 3, 4, 5, 6, 8, 9, 10 and 11 of the Base Indenture are deleted and replaced in their entirety (other than Sections 103, 104, 111, 114, 512 and 906 of the Base Indenture) by the provisions of Articles 1 and 13, 2, 8, 6, 7, 5, 9, 4 and 3, respectively, of this First Supplemental Indenture;
(ii) the form and terms of the securities representing the Notes required to be established pursuant to Article Two 2 of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;; and
(2iii) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten Article 12 of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, be applicable to the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to Notes. To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“5.250% Senior Subordinated Notes due 20232049.”
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred Twenty Five Million Dollars ($425,000,000 325,000,000) aggregate principal amount of the Initial Notes.
(c) The Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A.
(d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of this Supplemental IndentureExhibit A hereto) in an unlimited amount.
(de) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(ef) Solely with With respect to the Notes and the Guaranteesonly, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes and the Guarantees as set forth in this Third Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Third Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Third Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this Third Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Third Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes.
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Third Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the IssuerCompany’s 6.375“4.875% Senior Subordinated Notes due 20232022”.
(b) There are to be authenticated and delivered on the date hereof up to $425,000,000 400,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.03.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in accordance with Article Two of this Supplemental IndentureExhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Subsidiary Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(1i) the form and terms of the securities representing the Notes required to be established pursuant to Article Two TWO of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this Supplemental Indenture;
(2ii) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten Article FOUR of the Base Indenture are superseded deleted and replaced in their entirety by, respectively, by the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine Article 8 hereof;
(iii) the provisions of Article EIGHT of the Base Indenture are deleted and Twelve replaced in their entirety by the provisions of Article 5 hereof;
(iv) the provisions of Article TWELVE of the Base Indenture shall not be applicable to the Notes;
(v) the provisions of Article THIRTEEN of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Supplemental Indenture;
(3vi) the provisions of Articles Ten and Eleven Article FIFTEEN of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented are deleted and replaced in their entirety by this Supplemental Indenture)the provisions of Article 7 hereof;
(4vii) the provisions of Section 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 hereof;
(viii) the provisions of Section 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.01 hereof;
(ix) the provisions of Section 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.02 hereof;
(x) that payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium on all Global Notes, subject to Applicable Procedures, and all other Notes the Holders of which shall have provided wire transfer instructions no later than 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its judgment), to the Company or the Paying Agent. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (2i), (ii), (iii), (iv), (vi), (vii), (viii) and (3ix) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (TreeHouse Foods, Inc.)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this First Supplemental Indenture, to be designated as the Issuer’s 6.375Issuers’ 8 1/4% Senior Subordinated Notes due 20232018.
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred Million Dollars ($425,000,000 300,000,000) aggregate principal amount of the Notes. Additional Notes may be issued under this First Supplemental Indenture after the date hereof in accordance with Section 2.13.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01, 2.02 2.03 and 9.01 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) the provisions of Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XIII and XIV of the Base Indenture are deleted and replaced in their entirety of the Base Indenture) by the provisions of Articles 1, 2, 3, 4, 7, 6, 7, 7, 9, 5, 8, 12 and 10, respectively, of this First Supplemental Indenture; and
(ii) the form and terms of the securities representing the Notes required to be established pursuant to Article Two 2 of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to . To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;controlling solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Samples: First Supplemental Indenture (Penn Virginia Resource Partners L P)
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.375“2.600% Senior Subordinated Notes due 20232032.”
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred Fifty Million Dollars ($425,000,000 350,000,000) aggregate principal amount of the Initial Notes.
(c) The Notes shall be issued in the form of one or more permanent Global Notes in accordance with Article Two substantially the form set out in Exhibit A.
(d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of this Supplemental IndentureExhibit A hereto) in an unlimited amount.
(de) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(ef) Solely with With respect to the Notes and the Guaranteesonly, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes and the Guarantees as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this First Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes.
(5g) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new Series series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the IssuerCompany’s 6.3758% Senior Subordinated Notes due 20232016.
(b) There are to be authenticated and delivered on the date hereof up to Three Hundred Million Dollars ($425,000,000 300,000,000) aggregate principal amount of the Notes.
(c) The Notes shall be issued in the form of one or more permanent Notes in accordance with Article Two of this Supplemental Indenturesubstantially the form set out in Exhibit A hereto.
(d) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided for on the applicable Notes, all as further provided in this Supplemental Indenturefor.
(e) Solely with With respect to the Notes (and the Guaranteesany Guarantees endorsed thereon) only, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.01201, 2.02 301 and 9.01 901 thereof to establish the terms of the Notes (and the any Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII and XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of this First Supplemental Indenture;
(ii) the The form and terms of the securities representing the Notes required to be established pursuant to Article Two II of the Base Indenture are shall be established pursuant to in accordance with Article Two 2 of this First Supplemental Indenture;
(2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture;
(3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture);
(4) to ; To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (2i) and (3ii) immediately above) are duplicative of, or in conflict with, with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling;, solely with respect to the Notes (and any Guarantees endorsed thereon).
(5f) Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and
(6) unless Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
