Common use of Form, Dating and Terms Clause in Contracts

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall be in an aggregate principal amount of $400,000,000. In addition, the Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.10, 2.12, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.9. The Initial Securities shall be known and designated as “7.250% Senior Notes, Series A, due 2019” of the Issuer. Additional Securities issued as Restricted Securities shall be known and designated as “7.250% Senior Notes, Series A, due 2019” of the Issuer. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250% Senior Notes, Series B, due 2019” of the Issuer, and Exchange Securities shall be known and designated as “7.250% Senior Notes, Series B, due 2019” of the Issuer. With respect to any Additional Securities, the Issuer shall set forth in (a) a Board Resolution and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 2 contracts

Samples: Indenture (Antero Resources LLC), Indenture (Antero Resources Finance Corp)

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Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000180,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.12, 5.8 2.11 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.10. The Initial Securities shall be known and designated as “7.250"8 1/4% Senior Notes, Series A, due 2019” 2012" of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities Securities") shall be known and designated as “7.250"8 1/4% Senior Notes, Series A, due 2019” 2012" of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"8 1/4% Senior Notes, Series B, due 2019” 2012" of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250"8 1/4% Senior Notes, Series B, due 2019” 2012" of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 2 contracts

Samples: Indenture (Portola Packaging, Inc. Mexico, S.A. De C.V.), Indenture (Portola Packaging Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000250,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3 hereof, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.12, 5.8 2.11 or 9.5, 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.5 3.7 or in connection with a Change of Control Offer pursuant to Section 3.9. The Initial Securities shall be known and designated as “7.250"9.25% Senior Notes, Series A, due 2019” 2010" of the IssuerCompany. Additional Securities issued as Restricted Securities shall be known and designated as “7.250"9.25% Senior Notes, Series A, due 2019” 2010" of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"9.25% Senior Notes, Series BS, due 2019” 2010" of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250"9.25% Senior Notes, Series BS, due 2019” 2010" of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental heretoOfficer's Certificate, the following information:

Appears in 1 contract

Samples: Russell Corp

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000200,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.10, 2.12, 5.8 2.12 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.6. The Initial Securities shall be known and designated as “7.250"6.25% Senior Notes, Series A, due 2019” 2013" of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities Securities") shall be known and designated as “7.250"6.25% Senior Notes, Series A, due 2019” 2013" of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"6.25% Senior Notes, Series B, due 2019” 2013" of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250"6.25% Senior Notes, Series B, due 2019” 2013" of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Birchwood Manor Inc

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000150,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.12, 5.8 2.11 or 9.5, 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.5 3.6 or in connection with a Change of Control Offer pursuant to Section 3.93.11. The Initial Securities shall be known and designated as “7.250% 8¼% Senior Notes, Series A, due 20192011” of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) (“Restricted Securities Securities”) shall be known and designated as “7.250% 8¼% Senior Notes, Series A, due 20192011” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250% 8¼% Senior Notes, Series B, due 20192011” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250% 8¼% Senior Notes, Series B, due 20192011” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Ryerson Tull Inc /De/)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000306,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.122.11, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.11 or an Asset Disposition Offer under Section 3.5. The Initial Securities shall be known and designated as “7.250% Floating Rate Senior Secured Notes, Series A, due 20192011” of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described under Section 2.1(d) (“Restricted Securities Securities”) shall be known and designated as “7.250% Floating Rate Senior Secured Notes, Series A, due 20192011” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250% Floating Rate Senior Secured Notes, Series B, due 20192011” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250% Floating Rate Senior Secured Notes, Series B, due 20192011” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Libbey Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000250,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.12, 5.8 2.11 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.10. The Initial Securities shall be known and designated as “7.250"9 1/4% Senior Notes, Series A, due 2019” 2011" of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities Securities") shall be known and designated as “7.250"9 1/4% Senior Notes, Series A, due 2019” 2011" of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"9 1/4% Senior Notes, Series B, due 2019” 2011" of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250"9 1/4% Senior Notes, Series B, due 2019” 2011" of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Argo Tech Corp

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000275,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.122.11, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.11 or an Asset Disposition Offer under Section 3.5. The Initial Securities shall be known and designated as “7.250% Floating Rate Senior Secured Notes, Series A, due 20192010” of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described under Section 2.1(d) (“Restricted Securities Securities”) shall be known and designated as “7.250% Floating Rate Senior Secured Notes, Series A, due 20192010” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250% Floating Rate Senior Secured Notes, Series B, due 20192010” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250% Floating Rate Senior Secured Notes, Series B, due 20192010” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Conexant Systems Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000. In addition, the Issuer Issuers may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.12, 5.8 2.11 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.10. The Initial Securities shall be known and designated as “7.250"10 3/8% Senior Notes, Series A, due 2019” 2011" of the IssuerIssuers. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities Securities") shall be known and designated as “7.250"10 3/8% Senior Notes, Series A, due 2019” 2011" of the IssuerIssuers. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"10 3/8% Senior Notes, Series B, due 2019” 2011" of the IssuerIssuers, and Exchange Securities shall be known and designated as “7.250"10 3/8% Senior Notes, Series B, due 2019” 2011" of the IssuerIssuers. With respect to any Additional Securities, the Issuer Issuers shall set forth in (a) a Board Resolution and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Gerdau Usa Inc

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000250,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3 hereof, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.12, 5.8 2.11 or 9.5, 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.5 3.7 or in connection with a Change of Control Offer pursuant to Section 3.9. The Initial Securities shall be known and designated as “7.250"10 % Senior Notes, Series A, due 2019” 2008" of the IssuerCompany. Additional Securities issued as Restricted Securities shall be known and designated as “7.250"10% Senior Notes, Series A, due 2019” 2008" of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"10% Senior Notes, Series B, due 2019” 2008" of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250"10% Senior Notes, Series B, due 2019” 2008" of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental heretoOfficer's Certificate, the following information:

Appears in 1 contract

Samples: Jiffy Lube International Inc

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000112,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.12, 5.8 2.11 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.10. The Initial Securities shall be known and designated as “7.250"103/4% Senior Notes, Series A, due 2019” 2012" of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities Securities") shall be known and designated as “7.250"103/4% Senior Notes, Series A, due 2019” 2012" of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"103/4% Senior Notes, Series B, due 2019” 2012" of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250"103/4% Senior Notes, Series B, due 2019” 2012" of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Credit Agreement (Cornell Companies Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000150,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.22.6 , 2.62.9 , 2.10, 2.12, 5.8 2.11 or 9.5, 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.5 3.6 or in connection with a Change of Control Offer pursuant to Section 3.93.11. The Initial Securities shall be known and designated as “7.2508 1/4% Senior Notes, Series A, due 20192011” of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) (“ Restricted Securities Securities”) shall be known and designated as “7.2508 1 /4% Senior Notes, Series A, due 20192011” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.2508 1/4% Senior Notes, Series B, due 20192011” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.2508 1/4% Senior Notes, Series B, due 20192011” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (J.M. Tull Metals Company, Inc.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall be in an aggregate principal amount of $400,000,0001,600,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.10, 2.12, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer or Alternate Offer pursuant to Section 3.9. The Initial Securities shall be known and designated as “7.2505.875% Senior Notes, Series A, due 20192022” of the IssuerCompany. Additional Securities issued as Restricted Securities shall be known and designated as “7.2505.875% Senior Notes, Series A, due 20192022” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.2505.875% Senior Notes, Series B, due 20192022” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.2505.875% Senior Notes, Series B, due 20192022” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (CONSOL Energy Inc)

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Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000126,530,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.12, 5.8 2.11 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.10. The Initial Securities shall be known and designated as “7.250"10-1/2% Senior Notes, Series A, due 2019” 2011 of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities Securities") shall be known and designated as “7.250"10-1/2% Senior Notes, Series A, due 2019” 2011" of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"10-1/2% Senior Notes, Series B, due 2019” 2011" of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250"10-1/2% Senior Notes, Series B, due 2019” 2011" of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (VI Acquisition Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall be in an aggregate principal amount of $400,000,000300,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.10, 2.12, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer or Alternate Offer pursuant to Section 3.9. The Initial Securities shall be known and designated as “7.2509.000% Senior Notes, Series A, due 20192022” of the IssuerCompany. Additional Securities issued as Restricted Securities shall be known and designated as “7.2509.000% Senior Notes, Series A, due 20192022” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.2509.000% Senior Notes, Series B, due 20192022” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.2509.000% Senior Notes, Series B, due 20192022” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Warren Resources Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000450,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.122.11, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.11 or an Asset Disposition Offer under Section 3.5. The Initial Securities shall be known and designated as “7.2506.875% Senior Secured Notes, Series A, due 20192020” of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described under Section 2.1(d) (“Restricted Securities Securities”) shall be known and designated as “7.2506.875% Senior Secured Notes, Series A, due 20192020” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.2506.875% Senior Secured Notes, Series B, due 20192020” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.2506.875% Senior Secured Notes, Series B, due 20192020” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Libbey Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000300,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.102.9, 2.122.11, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.10 or an Asset Disposition Offer under Section 3.5. The Initial Securities shall be known and designated as “7.2506.50% Senior Subordinated Notes, Series A, due 20192012” of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described under Section 2.1(d) (“Restricted Securities Securities”) shall be known and designated as “7.2506.50% Senior Subordinated Notes, Series A, due 20192012” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.2506.50% Senior Subordinated Notes, Series B, due 20192012” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.2506.50% Senior Subordinated Notes, Series B, due 20192012” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Community Health Systems Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount at maturity of $400,000,000136,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3 hereof, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.10, 2.12, 5.8 2.12 or 9.5, 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.5 3.7 or in connection with a Change of Control Offer pursuant to Section 3.9. The Initial Securities shall be known and designated as “7.250% 12¼% Senior Discount Notes, Series A, due 20192012” of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(e) (“Restricted Securities Securities”) shall be known and designated as “7.250% 12¼% Senior Discount Notes, Series A, due 20192012” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250% 12¼% Senior Discount Notes, Series B, due 20192012” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.250% 12¼% Senior Discount Notes, Series B, due 20192012” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental heretoCertificate, the following information:

Appears in 1 contract

Samples: Indenture (Mq Associates Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall be in an aggregate principal amount of $400,000,000500,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.10, 2.12, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer or Alternate Offer pursuant to Section 3.9. The Initial Securities shall be known and designated as “7.2508.000% Senior Notes, Series A, due 20192023” of the IssuerCompany. Additional Securities issued as Restricted Securities shall be known and designated as “7.2508.000% Senior Notes, Series A, due 20192023” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.2508.000% Senior Notes, Series B, due 20192023” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.2508.000% Senior Notes, Series B, due 20192023” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (CONSOL Energy Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000550,000,000. In addition, the Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.22.06, 2.62.07, 2.10, 2.12, 5.8 2.10 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.06 or in connection with a Change of Control Offer pursuant to Section 3.94.09 or an Asset Sale Offer pursuant to Section 4.13. The Initial Securities shall be known and designated as “7.250"10% Senior Subordinated Notes, Series A, due 2019” 2012" of the Issuer. Additional Securities issued as Restricted Securities securities bearing one of the restrictive legends described in Section 2.01(d) ("RESTRICTED SECURITIES") shall be known and designated as “7.250"10% Senior Subordinated Notes, Series A, due 2019” 2012" of the Issuer. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.250"10% Senior Subordinated Notes, Series B, due 2019” 2012" of the Issuer, and Exchange Securities shall be known and designated as “7.250"10% Senior Subordinated Notes, Series B, due 2019” 2012" of the Issuer. With respect to any Additional Securities, the Issuer shall set forth in (a) a Board Resolution of the Issuer and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: UGS PLM Solutions Asia/Pacific INC

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof shall will be in an aggregate principal amount of $400,000,000210,000,000. In addition, the Issuer Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration of or transfer, exchange or in lieu of, other Securities pursuant to Section 2.22.6, 2.62.8, 2.10, 2.12, 5.8 or 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 9.5 or in connection with a Change of Control Offer pursuant to Section 3.93.9 or an Asset Disposition Offer under Section 3.5. The Initial Securities shall be known and designated as “7.2506.250% Senior Subordinated Notes, Series A, due 20192021” of the IssuerCompany. Additional Securities issued as securities bearing one of the restrictive legends described under Section 2.1(d) (“Restricted Securities Securities”) shall be known and designated as “7.2506.250% Senior Subordinated Notes, Series A, due 20192021” of the IssuerCompany. Additional Securities issued other than as Restricted Securities shall be known and designated as “7.2506.250% Senior Subordinated Notes, Series B, due 20192021” of the IssuerCompany, and Exchange Securities shall be known and designated as “7.2506.250% Senior Subordinated Notes, Series B, due 20192021” of the IssuerCompany. With respect to any Additional Securities, the Issuer Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers’ Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Gibraltar Industries, Inc.)

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