Form; Dating; Incorporation of Form in Indenture Sample Clauses

Form; Dating; Incorporation of Form in Indenture. In accordance with Sections 201 and 301 of the Indenture, there shall be and is hereby authorized a single series of Securities designated the "7.25% Convertible Subordinated Debentures Due 2001" limited in aggregate principal amount to $40,000,000, except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 9.5 or 10.1 hereof or pursuant to Sections 304, 305, 306 or 1107 of the Indenture. Their fixed maturity shall be October 1, 2001, and they shall bear interest at the rate per annum of 7.25%, from and including the date of issuance thereof until maturity or earlier redemption, payable semiannually on April 1 and October 1 commencing April 1, 1997, until the principal thereof is paid or made available for payment. The principal of and premium, if any, and interest on the Securities shall be payable at the office or agency of the Company in the City of Boston maintained for such purpose and at any other office or agency maintained by the Company for such purpose; provided, however, that at the option of the Company payment of interest may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Security Register. The Securities shall be redeemable as provided in Article 3. The Securities shall be subordinated in right of payment to Senior Indebtedness, to the extent provided in Article 11 hereof. The Securities shall be convertible as provided in Article 10 hereof. The Securities and the Trustee's certificate of authentication shall be substantially in the form of Exhibit A which is incorporated in and made part of this Supplement. The Securities may have notations, legends or endorsements required by law, stock exchange rules, agreements to which the Company is subject, or usage. The Company shall approve the form of the Securities and any notation, legend or endorsement on them. Each Security shall be dated the date of its authentication. The terms and provisions contained in the Securities shall constitute, and are hereby expressly made, a part of this Supplement and to the extent applicable, the Company and the Trustee, by their execution and delivery of this Supplement, expressly agree to such terms and provisions and to be bound thereby. The Securities shall be issuable only in registered form without coupons.
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Form; Dating; Incorporation of Form in Indenture. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is limited to $35,000,000, except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu

Related to Form; Dating; Incorporation of Form in Indenture

  • Amendments to Articles of Incorporation or Bylaws Change in Fiscal Year Disclosure is required of any amendment “to the governing documents of the issuing entity” Depositor

  • Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity (a) Amend, modify or change its Organization Documents in a manner adverse to the Lenders.

  • Disqualification of Form S-1 For a period equal to seven (7) years from the date hereof, the Company will not take any action or actions which may prevent or disqualify the Company’s use of Form S-1 (or other appropriate form) for the registration of the Warrants under the Act.

  • Ratification and Incorporation of Original Indenture As supplemented hereby, the Original Indenture is in all respects ratified and confirmed, and the Original Indenture and this Supplemental Indenture shall be read, taken and construed as one and the same instrument.

  • Certificate of Formation The execution of the Certificate of Formation and the filing thereof in the office of the Secretary of State of the State of Delaware are hereby ratified, confirmed and approved.

  • Amendment to Certificate of Incorporation The Depositor will not amend its Certificate of Incorporation or state of incorporation without prior notice to the Rating Agencies, the Indenture Trustee, and the Credit Enhancer.

  • Articles of Incorporation; Bylaws (a) At the Effective Time, the articles of incorporation of Merger Sub shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with their terms and as provided by applicable Law.

  • Amended and Restated Certificate of Incorporation The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of its Amended and Restated Certificate of Incorporation.

  • Amendments to Certificate of Incorporation The Company covenants and agrees that prior to its initial Business Combination it will not seek to amend or modify its Certificate of Incorporation, except as set forth in the Certificate of Incorporation.

  • Certificate of Incorporation; Bylaws (a) At the Effective Time, the Certificate of Incorporation of the Company, as in effect immediately prior to the Effective Time, shall be amended to read in its entirety as set forth in Exhibit A attached hereto and, as so amended, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and as provided by Law.

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