Form and Terms. The Notes shall be issued upon original issuance in whole in the form of one or more Global Securities (the “Global Notes”). The Depository Trust Company and the Trustee are hereby designated as the Depositary and the Security Custodian, respectively, for the Global Notes under the Indenture. The Notes and the Trustee’s certificate of authentication shall be substantially in the form of Exhibit A hereto (the “Form of Note”). The terms of the Notes set forth on Exhibit A hereto are incorporated by reference herein as if set forth herein in their entirety.
Form and Terms. 56 SECTION 2.2 Designation and Amount............................................... 56 SECTION 2.3 Registered Securities; Accrual of Original Issue Discount; Interest.. 57 ARTICLE THREE REPRESENTATIONS OF THE COMPANY.................................................. 57 SECTION 3.1. Authority of the Company............................................. 57 SECTION 3.2. Truth of Recitals and Statements..................................... 57 ARTICLE FOUR
Form and Terms. OF THE NOTES 1
Form and Terms. The Debentures shall be issued in the form of one or more permanent global Debentures substantially in the form set forth on Exhibit A hereof, duly executed by the Company and authenticated by the Trustee as provided in the Indenture. The terms of the Debentures set forth on Exhibit A hereto are incorporated by reference herein as if set forth herein in their entirety.
Form and Terms. The Notes shall be issued in the form of one or more permanent global Notes substantially in the form set forth on Exhibit A hereto, duly executed by the Company and authenticated by the Trustee as provided in the Indenture. The terms of the Notes set forth on Exhibit A hereto are incorporated by reference herein as if set forth herein in their entirety.
Form and Terms. The Original Notes, the Guarantees and the Trustee's certificate of authentication shall be substantially in the form of Exhibit A, which is hereby incorporated in and expressly made a part of this Indenture. The Exchange Notes, the Guarantees thereof and the Trustee's certificate of authentication thereon shall be substantially in the form of Exhibit B, which is hereby incorporated in and expressly made a part of this Indenture. The Notes may have notations, legends or endorsements required by law, securities exchange rules and agreements to which the Issuer or the Subsidiary Guarantors are subject, if any (provided that any such notation, legend or endorsement is in a form acceptable to the Issuer). The Issuer shall furnish any such legend not contained in Exhibit A or Exhibit B to the Trustee in writing. Each Note shall be dated the date of its authentication. The Notes shall be known and designated as the 10-3/8% Senior Notes due 2012 of the Issuer. The Notes will be senior obligations of the Issuer and will be initially issued in an aggregate principal amount at maturity of $200,000,000. The Issuer is entitled to issue Additional Notes ("Additional Notes"), subject to its compliance at the time of issuance of such Additional Notes with Section 4.09. The Original Notes and any Additional Notes and Exchange Notes actually issued will be treated as a single class for the purposes of this Indenture unless the context otherwise requires. References to the "Notes" for all purposes of this Indenture include references to any Additional Notes and Exchange Notes actually issued. The Stated Maturity of the Notes shall be July 15, 22012. From the Issue Date or from the most recent interest payment date to which interest has been paid or provided for, cash interest on the Notes will accrue at 10-3/8% per year, payable semiannually on January 15 and July 15 of each year, beginning, in the case of the Original Notes, on January 15, 2003, to the Person in whose name the Notes (or any predecessor Note) is registered at the close of business on the preceding January 1 or July 1, as the case may be.
Form and Terms. The Certificates shall be substantially in the form annexed hereto as Exhibit 4.01.
a.1 with such changes as the Seller deems appropriate, and shall, on original issuance, be executed by the Seller and authenticated by the Trustee upon receipt by the Trustee of the documents specified in Section 2.01, delivered to or upon the order of the Seller. Each Certificate shall be issuable in the respective principal amounts (aggregating $31,900,000), bearing interest and having the other terms as are set forth in the Certificate Schedule. Certificates shall not be subject to redemption except as provided herein.
Form and Terms. The Certificates shall be substantially in the form annexed hereto as Exhibit B and shall be executed by Trustee. Each Certificate shall bear interest and have the other terms as are set forth in the Certificate Schedule and the Certificates. Certificates shall not be subject to optional redemption except as provided herein. On the Closing Date, Trustee shall issue the Certificates indicated on the Certificate Schedule. The principal amount of the Certificates to be issued hereunder shall not exceed $5,415,300, except as provided in Section 4.02(b) and 4.02(c) or 4.03.
Form and Terms. In lieu of any form set forth in Sections 11.02 and 11.03 of the Original Indenture, the Notes shall be in the form of Exhibit A hereto. The terms of the Notes set forth in Exhibit A shall be part of the terms and provisions of this Second Supplemental Indenture as fully as if set forth herein.
Form and Terms of Series 2 Notes
(a) The maximum principal amount of Series 2 Notes that may be issued is unlimited. The initial amount of Series 2 Notes that is authorized and issued under this Supplemental Indenture on the date hereof is $450,000,000. The Series 2 Notes shall be designated as 5.503% senior unsecured notes due June 21, 2034 (Series 2024-2).
(b) The Series 2 Notes shall mature on June 21, 2034.
(c) The Series 2 Notes will bear interest from the date of issuance, or from the last Interest Payment Date to which interest shall have been paid or made available for payment thereon, whichever is later, at the rate of 5.503% per annum, payable in cash in equal instalments, semi-annually in arrears, in the amount of $27.515 per $1,000 principal amount (less any tax required by law to be deducted) on the 21st day of June and December of each year (or if such day is not a Business Day, the next Business Day) (each, an “Interest Payment Date”) until the Maturity Date. The first interest payment will be payable on December 21, 2024 in respect of Series 2 Notes issued on the date hereof and the last interest payment (representing interest payable from and including the last Interest Payment Date to, but excluding, the Maturity Date of the Series 2 Notes or the earlier Redemption Date of the Series 2 Notes), subject as herein provided, will be payable on June 21, 2034 or the earlier Redemption Date, payable after as well as before maturity and after as well as before default, with interest on amounts in default at the same rate, compounded semi-annually. Interest for each interest period will be calculated on the basis of equal semi-annual payments when calculating amounts due on any Interest Payment Date and the actual number of days elapsed during each such interest period and a 365-day year when calculating accruals during any partial interest period. For greater certainty, the first interest payment will include interest accrued from, and including, the date of issuance to, but excluding, December 21, 2024, which will be equal to $27.515 for each $1,000 principal amount of Series 2 Notes.
(d) The Series 2 Notes may be redeemed at any time at the option of the Issuer prior to the Par Call Date in whole, or in part, on not less than 10 nor more than 60 days’ prior notice in accordance with Article 5 of the Indenture at a Redemption Price equal to the greater of (i) the Canada Yield Price, and (ii) par, together in each case with accrued and unpaid interest, if any, ...
