Form, Denomination and Date of Securities; Payments of Interest. The Securities, including the notations thereon relating to the Guarantee, and the Trustee's certificates of authentication shall be substantially in the form recited above; provided that Exchange Securities (i) shall contain the alternative third paragraph appearing on the reverse of the Securities in the form recited above and (ii shall not contain terms with respect to transfer restrictions. The Securities shall be issuable in denominations provided for in the form of Security recited above. The Securities shall be numbered, lettered, or otherwise distinguished in such manner or in accordance with such plans as the officers of the Company executing the same may determine with the approval of the Trustee. Any of the Securities (including the Guarantee) may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto, including those required by Section 205, or with the rules of any securities market in which the Securities are admitted to trading, or to conform to general usage. Each Security (including the Guarantee) shall be dated the date of its authentication, shall bear interest from the applicable date and shall be payable on the dates specified on the face of the form of Security recited above. Securities (including Guarantees) offered and sold in reliance on Section 4(2) and Rule 144A shall be issued initially in the form of one or more permanent global Security and Guarantee in registered form, substantially in the form hereinabove recited (the "U.S. GLOBAL SECURITY"), deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as herein provided. The aggregate principal amount of the U.S. Global Security may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Securities (including Guarantees) offered and sold in offshore transactions in reliance on Regulation S shall be issued initially in the form of a single temporary global Security and Guarantee in registered form substantially in the form hereinabove recited (the "TEMPORARY OFFSHORE GLOBAL SECURITY") deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein. At any time on and after June 9, 1998 (the "OFFSHORE SECURITIES EXCHANGE DATE"), a single permanent global Security and Guarantee in registered form substantially in the form hereinabove recited without the Private Placement Legend (the "PERMANENT OFFSHORE GLOBAL SECURITY"; and together with the Temporary Offshore Global Security, the "OFFSHORE GLOBAL SECURITIES") duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein shall be deposited with the Trustee, as custodian for the Depositary, and the Registrar shall reflect on its books and records the date and a decrease in the principal amount of the Temporary Offshore Global Security in an amount equal to the principal amount of the beneficial interest in the Temporary Offshore Global Security transferred. The Offshore Physical Securities and U.S. Physical Securities are sometimes collectively herein referred to as the "PHYSICAL SECURITIES". The U.S. Global Security and the Offshore Global Security are sometimes referred to herein as the "GLOBAL SECURITIES". The person in whose name any Security (including the Guarantee) is registered at the close of business on any Interest Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Security (including the Guarantee) subsequent to the Interest Record Date and prior to such Interest Payment Date, except if and to the extent the Company shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, shall be paid to the persons in whose names outstanding Securities (including Guarantees) are registered at the close of business on a subsequent record date (which shall be not less than five Business Days prior to the date of such payment) established by notice given by mail by or on behalf of the Company to the holders of Securities (including Guarantees) not less than 15 days preceding such subsequent record date.
Appears in 1 contract
Samples: Indenture (Vencor Inc)
Form, Denomination and Date of Securities; Payments of Interest. The Securities, including the notations thereon relating to the Guarantee, Securities and the Trustee's certificates of authentication shall be substantially in the form recited above; provided that Exchange Securities (i) shall contain the alternative third paragraph appearing on the reverse of the Securities in the form recited above and (ii shall not contain terms with respect to transfer restrictionsforms attached hereto as Exhibits A-C, respectively. The Securities shall be issuable as registered securities without coupons and in denominations provided for in the form of Security recited above. attached hereto as Exhibits A and B. The Securities shall be numbered, lettered, or otherwise distinguished in such manner or in accordance with such plans as the officers of the Company Issuer executing the same may determine with the approval of the Trustee. The Securities shall be issued in registered form and may, if agreed by the Issuer and the Holder, be issued in the form of a permanent Global security (any such Global security, "Global Securities") in the form set forth in Exhibit A hereto. Securities may be issued, if agreed by the Issuer and the Holder, in the form of definitive Securities in physical form. Securities shall be issued in registered form, substantially in the form set forth in Exhibit B hereto. Any of the Securities (including the Guarantee) may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto, including those required by Section 205, or with the rules of any securities market in which the Securities are admitted to trading, or to conform to general usage. The Issuer shall furnish any such legends or endorsements to the Trustee in writing. The Issuer shall approve the form of the Securities and any notation, legend or endorsement on them. Each Security (including the Guarantee) shall be dated the date of its authentication, shall bear interest from the applicable date stated therein and shall be payable on the dates specified on the face of the applicable form of Security recited above. Securities (including Guarantees) offered and sold in reliance on Section 4(2) and Rule 144A shall be issued initially in the form of one or more permanent global Security and Guarantee in registered form, substantially in the form hereinabove recited (the "U.S. GLOBAL SECURITY"), deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as herein provided. The aggregate principal amount of the U.S. Global Security may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Securities (including Guarantees) offered and sold in offshore transactions in reliance on Regulation S shall be issued initially in the form of a single temporary global Security and Guarantee in registered form substantially in the form hereinabove recited (the "TEMPORARY OFFSHORE GLOBAL SECURITY") deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein. At any time on and after June 9, 1998 (the "OFFSHORE SECURITIES EXCHANGE DATE"), a single permanent global Security and Guarantee in registered form substantially in the form hereinabove recited without the Private Placement Legend (the "PERMANENT OFFSHORE GLOBAL SECURITY"; and together with the Temporary Offshore Global Security, the "OFFSHORE GLOBAL SECURITIES") duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein shall be deposited with the Trustee, as custodian for the Depositary, and the Registrar shall reflect on its books and records the date and a decrease in the principal amount of the Temporary Offshore Global Security in an amount equal to the principal amount of the beneficial interest in the Temporary Offshore Global Security transferred. The Offshore Physical Securities and U.S. Physical Securities are sometimes collectively herein referred to as the "PHYSICAL SECURITIES". The U.S. Global Security and the Offshore Global Security are sometimes referred to herein as the "GLOBAL SECURITIES". The person in whose name any Security (including the Guarantee) is registered at the close of business on any Interest Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Security (including the Guarantee) subsequent to the Interest Record Date and prior to such Interest Payment Date, except if and to the extent the Company shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, shall be paid to the persons in whose names outstanding Securities (including Guarantees) are registered at the close of business on a subsequent record date (which shall be not less than five Business Days prior to the date of such payment) established by notice given by mail by or on behalf of the Company to the holders of Securities (including Guarantees) not less than 15 days preceding such subsequent record date.
Appears in 1 contract
Samples: Indenture (Weirton Steel Corp)
Form, Denomination and Date of Securities; Payments of Interest. The Securities, including the notations thereon relating to the Guarantee, Securities and the Trustee's certificates of authentication shall be substantially in the form recited above; provided that Exchange Securities (i) shall contain the alternative third paragraph appearing on the reverse of the Securities in the form recited above and (ii shall not contain terms with respect to transfer restrictions. The Securities shall be issuable in denominations provided for in the form of Security recited above. The Securities shall be numbered, lettered, or otherwise distinguished in such manner or in accordance with such plans as the officers of the Company executing the same may determine with the approval of the Trustee. Any of the Securities (including the Guarantee) may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto, including those required by Section 2052.05, or with the rules of any securities market in which the Securities are admitted to trading, or to conform to general usage. Each Security (including the Guarantee) shall be dated the date of its authentication, shall bear interest from the applicable date and shall be payable on the dates specified on the face of the form of Security recited above. The Securities (including Guarantees) offered and sold in reliance on Section 4(2) and Rule 144A shall be issued initially in the form of one or more permanent global Security and Guarantee in registered form, substantially in the form hereinabove recited (the "U.S. GLOBAL SECURITY"), deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as herein provided. The aggregate principal amount of the U.S. Global Security may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Securities (including Guarantees) offered and sold in offshore transactions in reliance on Regulation S shall be issued initially in the form of a single temporary global Security and Guarantee in registered form substantially in the form hereinabove recited (the "TEMPORARY OFFSHORE GLOBAL SECURITY") deposited with the Trustee, Trustee as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein. At any time on and after June 9, 1998 (the "OFFSHORE SECURITIES EXCHANGE DATE"), a single permanent global Security and Guarantee in registered form substantially in the form hereinabove recited without the Private Placement Legend (the "PERMANENT OFFSHORE GLOBAL SECURITY"; and together with the Temporary Offshore Global Security, the "OFFSHORE GLOBAL SECURITIES") duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein shall be deposited with the Trustee, as custodian for the Depositary, and the Registrar shall reflect on its books and records the date and a decrease in the principal amount of the Temporary Offshore Global Security in an amount equal to the principal amount of the beneficial interest in the Temporary Offshore Global Security transferred. The Offshore Physical Securities and U.S. Physical Securities are sometimes collectively herein referred to as the "PHYSICAL SECURITIES". The U.S. Global Security and the Offshore Global Security are sometimes referred to herein as the "GLOBAL SECURITIES". The person in whose name any Security (including the Guarantee) is registered at the close of business on any Interest Regular Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Security (including the Guarantee) subsequent to the Interest Regular Record Date and prior to such Interest Payment Date, except if and to the extent the Company shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, shall be paid to the persons in whose names outstanding Securities (including Guarantees) are registered at the close of business on a subsequent record date (which shall be not less than five Business Days prior to the date of such payment) established by notice given by mail by or on behalf of the Company to the holders of Securities (including Guarantees) not less than 15 days preceding such subsequent record date.
Appears in 1 contract
Samples: Indenture (Usec Inc)
Form, Denomination and Date of Securities; Payments of Interest. The Securities, including the notations thereon relating to the Guarantee, Securities and the Trustee's certificates of authentication shall be substantially in the form recited above; provided that Exchange Securities (i) shall contain the alternative third paragraph appearing on the reverse of the Securities in the form recited above and (ii shall not contain terms with respect to transfer restrictionsforms attached hereto as Exhibits A-C, respectively. The Securities shall be issuable as registered securities without coupons and in denominations provided for in the form of Security recited above. attached hereto as Exhibits A and B. The Securities shall be numbered, lettered, or otherwise distinguished in such manner or in accordance with such plans as the officers of the Company Issuer executing the same may determine with the approval of the Trustee. The Securities shall be issued in registered form and may, if agreed by the Issuer and the Holder, be issued in the form of a permanent global security (any such global security, "Global Securities") in the form set forth in Exhibit A hereto. Securities may be issued, if agreed by the Issuer and the Holder, in the form of definitive Securities in physical form. Securities shall be issued in registered form, substantially in the form set forth in Exhibit B hereto. Any of the Securities (including the Guarantee) may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto, including those required by Section 205, or with the rules of any securities market in which the Securities are admitted to trading, or to conform to general usage. The Issuer shall furnish any such legends or endorsements to the Trustee in writing. The Issuer shall approve the form of the Securities and any notation, legend or endorsement on them. Each Security (including the Guarantee) shall be dated the date of its authentication, shall bear interest from the applicable date stated therein and shall be payable on the dates specified on the face of the applicable form of Security recited above. Securities (including Guarantees) offered and sold in reliance on Section 4(2) and Rule 144A shall be issued initially in the form of one or more permanent global Security and Guarantee in registered form, substantially in the form hereinabove recited (the "U.S. GLOBAL SECURITY"), deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as herein provided. The aggregate principal amount of the U.S. Global Security may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Securities (including Guarantees) offered and sold in offshore transactions in reliance on Regulation S shall be issued initially in the form of a single temporary global Security and Guarantee in registered form substantially in the form hereinabove recited (the "TEMPORARY OFFSHORE GLOBAL SECURITY") deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein. At any time on and after June 9, 1998 (the "OFFSHORE SECURITIES EXCHANGE DATE"), a single permanent global Security and Guarantee in registered form substantially in the form hereinabove recited without the Private Placement Legend (the "PERMANENT OFFSHORE GLOBAL SECURITY"; and together with the Temporary Offshore Global Security, the "OFFSHORE GLOBAL SECURITIES") duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein shall be deposited with the Trustee, as custodian for the Depositary, and the Registrar shall reflect on its books and records the date and a decrease in the principal amount of the Temporary Offshore Global Security in an amount equal to the principal amount of the beneficial interest in the Temporary Offshore Global Security transferred. The Offshore Physical Securities and U.S. Physical Securities are sometimes collectively herein referred to as the "PHYSICAL SECURITIES". The U.S. Global Security and the Offshore Global Security are sometimes referred to herein as the "GLOBAL SECURITIES". The person in whose name any Security (including the Guarantee) is registered at the close of business on any Interest Record Date record date with respect to any Interest Payment Date interest payment date shall be entitled to receive the interest, if any, payable on such Interest Payment Date interest payment date notwithstanding any transfer or exchange of such Security (including the Guarantee) subsequent to the Interest Record Date record date and prior to such Interest Payment Dateinterest payment date, except if and to the extent the Company Issuer shall default in the payment of the interest due on such Interest Payment Dateinterest payment date, in which case such defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interestif any, shall be paid to the persons in whose names outstanding Securities (including Guarantees) are registered at the close of business on a subsequent record date (which shall be not less than five Business Days business days prior to the date of payment of such paymentdefaulted interest, if any,) established by notice given by mail by or on behalf of the Company Issuer to the holders of Securities (including Guarantees) not less than 15 days preceding such subsequent record date.Securities
Appears in 1 contract
Samples: Indenture (Weirton Steel Corp)
Form, Denomination and Date of Securities; Payments of Interest. The Securities, including the notations thereon relating to the Guarantee, Securities and the Trustee's certificates of authentication shall be substantially in the form recited above; provided that Exchange Securities (i) shall contain the alternative third paragraph appearing on the reverse of the Securities in the form recited above and (ii shall not contain terms with respect to transfer restrictions. The Securities shall be issuable as registered securities without coupons and in denominations provided for in the form of Security recited aboveabove recited. The Securities shall be numbered, lettered, or otherwise distinguished in such manner or in accordance with such plans as the officers of the Company Issuer executing the same may determine with the approval of the Trustee. Any of the Securities (including the Guarantee) may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Indenture, as may be required to comply with any law law, or with any rules or regulations pursuant thereto, including those required by Section 205, or with the rules of any securities market in which the Securities are admitted to trading, or to conform to general usage. Each Security (including the Guarantee) shall be dated the date of its authentication, shall bear interest from the applicable date and shall be payable on the dates and in the manner specified on the face of the form of Security recited above. Securities (including Guarantees) offered and sold in reliance on Section 4(2) and Rule 144A shall be issued initially in the form of one or more permanent global Security and Guarantee in registered form, substantially in the form hereinabove recited (the "U.S. GLOBAL SECURITY"), deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as herein provided. The aggregate principal amount of the U.S. Global Security may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Securities (including Guarantees) offered and sold in offshore transactions in reliance on Regulation S shall be issued initially in the form of a single temporary global Security and Guarantee in registered form substantially in the form hereinabove recited (the "TEMPORARY OFFSHORE GLOBAL SECURITY") deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein. At any time on and after June 9, 1998 (the "OFFSHORE SECURITIES EXCHANGE DATE"), a single permanent global Security and Guarantee in registered form substantially in the form hereinabove recited without the Private Placement Legend (the "PERMANENT OFFSHORE GLOBAL SECURITY"; and together with the Temporary Offshore Global Security, the "OFFSHORE GLOBAL SECURITIES") duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein shall be deposited with the Trustee, as custodian for the Depositary, and the Registrar shall reflect on its books and records the date and a decrease in the principal amount of the Temporary Offshore Global Security in an amount equal to the principal amount of the beneficial interest in the Temporary Offshore Global Security transferred. The Offshore Physical Securities and U.S. Physical Securities are sometimes collectively herein referred to as the "PHYSICAL SECURITIES". The U.S. Global Security and the Offshore Global Security are sometimes referred to herein as the "GLOBAL SECURITIES". The person in whose name any Security (including the Guarantee) is registered at the close of business on any Interest Record Date record date with respect to any Interest Payment Date interest payment date shall be entitled to receive the interest, if any, payable on such Interest Payment Date interest payment date notwithstanding any transfer or exchange of such Security (including the Guarantee) subsequent to the Interest Record Date record date and prior to such Interest Payment Dateinterest payment date, except if and to the extent the Company Issuer shall default in the payment of the interest due on such Interest Payment Dateinterest payment date, in which case such defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, shall be paid to the persons in whose names outstanding Securities (including Guarantees) are registered at the close of business on a subsequent record date (which shall be not less than five Business Days business days prior to the date of payment of such paymentdefaulted interest) established by notice given by mail by or on behalf of the Company to the holders of Securities (including Guarantees) not less than 15 days preceding such subsequent record date.the
Appears in 1 contract
Form, Denomination and Date of Securities; Payments of Interest. The Securities, including the notations thereon relating to the Guarantee, Securities and the Trustee's certificates of authentication shall be substantially in the form recited above; provided PROVIDED that Exchange Securities (i) shall contain the alternative third paragraph appearing on the reverse of the Securities in the form recited above and (ii ii) shall not contain terms with respect to transfer restrictions. The Securities shall be issuable in denominations provided for in the form of Security recited above. The Securities shall be numbered, lettered, or otherwise distinguished in such manner or in accordance with such plans as the officers of the Company executing the same may determine with the approval of the Trustee. Any of the Securities (including the Guarantee) may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto, including those required by Section 2052.05, or with the rules of any securities market in which the Securities are admitted to trading, or to conform to general usage. Each Security (including the Guarantee) shall be dated the date of its authentication, shall bear interest from the applicable date and shall be payable on the dates specified on the face of the form of Security recited above. Securities (including Guarantees) offered and sold in reliance on Section 4(2) and Rule 144A shall be issued initially in the form of one or more a single permanent global Security and Guarantee in registered form, substantially in the form hereinabove recited (the each, a "U.S. GLOBAL SECURITY"), deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, Company and authenticated by the Trustee as herein provided. The aggregate principal amount of the U.S. Global Security may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Securities (including Guarantees) offered and sold in offshore transactions in reliance on Regulation S shall be issued initially in the form of a single temporary global Security and Guarantee in registered form substantially in the form hereinabove recited (the "TEMPORARY OFFSHORE GLOBAL SECURITY") deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein. At any time on and after June 9, 1998 (the "OFFSHORE SECURITIES EXCHANGE DATE"), a single permanent global Security and Guarantee in registered form substantially in the form hereinabove recited without the Private Placement Legend (the "PERMANENT OFFSHORE GLOBAL SECURITY"; and together with the Temporary Offshore Global Security, the "OFFSHORE GLOBAL SECURITIES") duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein shall be deposited with the Trustee, as custodian for the Depositary, and the Registrar shall reflect on its books and records the date and a decrease in the principal amount of the Temporary Offshore Global Security in an amount equal to the principal amount of the beneficial interest in the Temporary Offshore Global Security transferred. The Offshore Physical Securities and U.S. Physical Securities are sometimes collectively herein referred to as the "PHYSICAL SECURITIES". The U.S. Global Security and the Offshore Global Security are sometimes referred to herein as the "GLOBAL SECURITIES". The person in whose name any Security (including the Guarantee) is registered at the close of business on any Interest Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Security (including the Guarantee) subsequent to the Interest Record Date and prior to such Interest Payment Date, except if and to the extent the Company shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, shall be paid to the persons in whose names outstanding Securities (including Guarantees) are registered at the close of business on a subsequent record date (which shall be not less than five Business Days prior to the date of such payment) established by notice given by mail by or on behalf of the Company to the holders of Securities (including Guarantees) not less than 15 days preceding such subsequent record date.
Appears in 1 contract
Samples: Indenture (Home Depot Inc)
Form, Denomination and Date of Securities; Payments of Interest. The Securities, including the notations thereon relating to the Guarantee, Securities and the Trustee's ’s certificates of authentication shall be substantially in the form recited above; provided that Exchange Securities (i) shall contain the alternative third paragraph appearing on the reverse of the Securities in the form recited above and (ii shall not contain terms with respect to transfer restrictions. The Securities shall be issuable as registered Securities without coupons and in denominations provided for in the form of Security recited above$ 1,000 and multiples thereof. The Securities shall be numbered, lettered, or otherwise distinguished in such manner or in accordance with such plans as the officers of the Company executing the same may determine with the approval of the Trustee. Any of the Securities (including the Guarantee) may be issued with appropriate insertions, omissions, substitutions and variations, and shall have imprinted thereon the Parent Guarantee and the legend substantially in the form recited above (the “Legend”) and may have imprinted or otherwise reproduced thereon such other legend or legends, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto, including those required by Section 205, or with the rules of any securities market in which the Securities are admitted to trading, or to conform to general usage. Each Security (including the Guarantee) shall be dated the date of its authentication, shall bear interest from the applicable date and shall be payable on the dates specified on the face of the form of Security recited above. Securities (including Guarantees) offered and sold in reliance on Section 4(2) and Rule 144A shall be issued initially in the form of one or more permanent global Security and Guarantee in registered form, substantially in the form hereinabove recited (the "U.S. GLOBAL SECURITY"), deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as herein provided. The aggregate principal amount of the U.S. Global Security may from time to time be increased or decreased by adjustments made on the records of the Trustee, as custodian for the Depositary or its nominee, as hereinafter provided. Securities (including Guarantees) offered and sold in offshore transactions in reliance on Regulation S shall be issued initially in the form of a single temporary global Security and Guarantee in registered form substantially in the form hereinabove recited (the "TEMPORARY OFFSHORE GLOBAL SECURITY") deposited with the Trustee, as custodian for the Depositary, duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein. At any time on and after June 9, 1998 (the "OFFSHORE SECURITIES EXCHANGE DATE"), a single permanent global Security and Guarantee in registered form substantially in the form hereinabove recited without the Private Placement Legend (the "PERMANENT OFFSHORE GLOBAL SECURITY"; and together with the Temporary Offshore Global Security, the "OFFSHORE GLOBAL SECURITIES") duly executed by the Company, with the Guarantee of the Guarantor endorsed thereon, and authenticated by the Trustee as provided herein shall be deposited with the Trustee, as custodian for the Depositary, and the Registrar shall reflect on its books and records the date and a decrease in the principal amount of the Temporary Offshore Global Security in an amount equal to the principal amount of the beneficial interest in the Temporary Offshore Global Security transferred. The Offshore Physical Securities and U.S. Physical Securities are sometimes collectively herein referred to as the "PHYSICAL SECURITIES". The U.S. Global Security and the Offshore Global Security are sometimes referred to herein as the "GLOBAL SECURITIES". The person in whose name any Security (including the Guarantee) is registered at the close of business on any Interest Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Security (including the Guarantee) Securities subsequent to the Interest Record Date and prior to such Interest Payment Date, except if and to the extent the Company Issuer shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, shall be paid to the persons in whose names outstanding Securities (including Guarantees) are registered at the close of business on a subsequent record date (which shall be not less than five Business Days prior to the date of payment of such paymentdefaulted interest) established by notice given by mail by or on behalf of the Company Issuer to the holders of Securities (including Guarantees) not less than 15 days preceding such subsequent record date.
Appears in 1 contract
Samples: Indenture (Eco Telecom LTD)