Form Generally; Title and Terms. (a) The Notes, including the face of the Notes, the reverse of the Notes and the Trustee's certificate of authentication shall be in substantially the forms set forth above, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently herewith, be determined by the officers executing such Notes, as evidenced by such execution. The definitive Notes shall be printed, lithographed, engraved or otherwise produced as determined by the officers executing such Notes as evidenced by such execution. (b) Except for Notes authenticated and delivered in exchange for or in lieu of Notes pursuant to Section 2.04, 2.05 or 8.05, the aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is limited to $150,000,000 principal amount. The Notes shall be known and designated as the 7 3/4% Notes Due 2004 of the Issuer. Their Stated Maturity shall be August 15, 2004. The Notes shall bear interest as provided in the form of Note. (c) The Notes and transfers thereof shall be registered as provided in Section 2.04. (d) Each Note shall be dated the date of its authentication. (e) The Notes shall not be entitled to any mandatory sinking fund. The Notes shall be redeemable by the Issuer as provided for in Article Nine. (f) The Notes may be issued in whole or in part in the form of one or more global notes (the "Global Notes"). The Issuer shall execute and the Trustee shall, in accordance herewith and upon the Order of the Issuer, authenticate and deliver one or more Global Notes that (i) shall represent and shall be denominated in an aggregate principal or face amount of the Outstanding Notes to be represented by such Global Note or Notes, (ii) shall be registered in the name of the Depositary or the nominee of the Depositary, (iii) shall be delivered by the Trustee to the Depositary or pursuant to the Depositary's instructions and (iv) shall bear the legend set forth below. The Issuer initially designates The Depository Trust Company ("DTC") as the depositary for the Global Notes. The Issuer and the Trustee shall enter into a customary letter of representation with DTC, providing for, among other things, a legend restricting transfer of the Global Notes. The Depositary may be treated by the Issuer as the owner of such Global Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer from giving effect to any written certification, proxy or other authorization furnished by or to the Depositary or impair, as between the Depositary and its participants, the operation of customary practices governing the exercise of the rights of a holder of any Note. The Holder of any Global Note, by its acceptance thereof, and the Trustee agree that such Global Note shall be transferred pursuant to Section 2.04 hereof only in whole and not in part to a nominee of DTC, a successor to DTC or a nominee of such successor which is another clearing agency registered under the Securities Exchange Act of 1934, as amended. If at any time DTC (or any successor Depositary) notifies the Issuer that it is unwilling or unable to continue as Depositary for the Global Note or at any time DTC (or such successor Depositary) shall no longer be eligible under this Section 2.01, the Issuer shall appoint a successor Depositary with respect to the Global Notes and such successor shall enter into a customary letter of representation with the Issuer and the Trustee. If a successor Depositary for the Global Notes is not appointed by the Issuer within 90 days after the Issuer receives such notice or becomes aware of such ineligibility, or if an Event of Default has occurred and is continuing, the Notes shall thereafter no longer be in the form of the Global Notes and the Issuer shall execute and the Trustee upon receipt of an Order of the Issuer for the authentication and delivery of certificated Notes, will authenticate and deliver certificated Notes in any authorized denominations in an aggregate principal amount of the Global Notes in exchange for the Global Notes, such certificated Notes to be in denominations and registered in the names specified by the Depositary; provided that if such Event of Default is waived pursuant to Section 5.01 or is no longer continuing, such certificated Notes need not be issued and if already issued may, at the Holder's request, be represented again by a Global Note in accordance with this Section 2.01.
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Form Generally; Title and Terms. (a) The Notes, including the face of the Notes, the reverse of the Notes and the Trustee's certificate of authentication shall be in substantially the forms set forth above, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently herewith, be determined by the officers executing such Notes, as evidenced by such execution. The definitive Notes shall be printed, lithographed, engraved or otherwise produced as determined by the officers executing such Notes as evidenced by such execution.
(b) Except for Notes authenticated and delivered in exchange for or in lieu of Notes pursuant to Section 2.04, 2.05 or 8.05, the aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is limited to $150,000,000 100,000,000 principal amount. The Notes shall be known and designated as the 7 3/47.05% Notes Due 2004 2003 of the Issuer. Their Stated Maturity shall be August 15April 1, 20042003. The Notes shall bear interest as provided in the form of Note.
(c) The Notes and transfers thereof shall be registered as provided in Section 2.04.
(d) Each Note shall be dated the date of its authentication.
(e) The Notes shall not be entitled to any mandatory sinking fund. The Notes shall be redeemable by the Issuer as provided for in Article Nine.
(f) The Notes may be issued in whole or in part in the form of one or more global notes (the "Global Notes"). The Issuer shall execute and the Trustee shall, in accordance herewith and upon the Order of the Issuer, authenticate and deliver one or more Global Notes that (i) shall represent and shall be denominated in an aggregate principal or face amount of the Outstanding Notes to be represented by such Global Note or Notes, (ii) shall be registered in the name of the Depositary or the nominee of the Depositary, (iii) shall be delivered by the Trustee to the Depositary or pursuant to the Depositary's instructions and (iv) shall bear the legend set forth below. The Issuer initially designates The Depository Trust Company ("DTC") as the depositary for the Global Notes. The Issuer and the Trustee shall enter into a customary letter of representation with DTC, providing for, among other things, a legend restricting transfer of the Global Notes. The Depositary may be treated by the Issuer as the owner of such Global Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer from giving effect to any written certification, proxy or other authorization furnished by or to the Depositary or impair, as between the Depositary and its participants, the operation of customary practices governing the exercise of the rights of a holder of any Note. The Holder of any Global Note, by its acceptance thereof, and the Trustee agree that such Global Note shall be transferred pursuant to Section 2.04 hereof only in whole and not in part to a nominee of DTC, a successor to DTC or a nominee of such successor which is another clearing agency registered under the Securities Exchange Act of 1934, as amended. If at any time DTC (or any successor Depositary) notifies the Issuer that it is unwilling or unable to continue as Depositary for the Global Note or at any time DTC (or such successor Depositary) shall no longer be eligible under this Section 2.01, the Issuer shall appoint a successor Depositary with respect to the Global Notes and such successor shall enter into a customary letter of representation with the Issuer and the Trustee. If a successor Depositary for the Global Notes is not appointed by the Issuer within 90 days after the Issuer receives such notice or becomes aware of such ineligibility, or if an Event of Default has occurred and is continuing, the Notes shall thereafter no longer be in the form of the Global Notes and the Issuer shall execute and the Trustee upon receipt of an Order of the Issuer for the authentication and delivery of certificated Notes, will authenticate and deliver certificated Notes in any authorized denominations in an aggregate principal amount of the Global Notes in exchange for the Global Notes, such certificated Notes to be in denominations and registered in the names specified by the Depositary; provided that if such Event of Default is waived pursuant to Section 5.01 or is no longer continuing, such certificated Notes need not be issued and if already issued may, at the Holder's request, be represented again by a Global Note in accordance with this Section 2.01.
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Form Generally; Title and Terms. (a) The Notes, including the face of the Notes, the reverse of the Notes and the Trustee's certificate of authentication shall be in substantially the forms set forth above, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently herewith, be determined by the officers executing such Notes, as evidenced by such execution. The definitive Notes shall be printed, lithographed, engraved or otherwise produced as determined by the officers executing such Notes as evidenced by such execution.
(b) Except for Notes authenticated and delivered in exchange for or in lieu of Notes pursuant to Section 2.04, 2.05 or 8.05, the aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is limited to $150,000,000 250,000,000 principal amount. The Notes shall be known and designated as the 7 3/47/8% Notes Due 2004 2016 of the Issuer. Their Stated Maturity shall be August March 15, 20042016. The Notes shall bear interest as provided in the form of Note.
(c) The Notes and transfers thereof shall be registered as provided in Section 2.04.
(d) Each Note shall be dated the date of its authentication.
(e) The Notes shall not be entitled to any mandatory sinking fund. The Notes shall be redeemable by the Issuer as provided for in Article Nine.
(f) The Notes may be issued in whole or in part in the form of one or more global notes (the "Global Notes"). The Issuer shall execute and the Trustee shall, in accordance herewith and upon the Order of the Issuer, authenticate and deliver one or more Global Notes that (i) shall represent and shall be denominated in an aggregate principal or face amount of the Outstanding Notes to be represented by such Global Note or Notes, (ii) shall be registered in the name of the Depositary or the nominee of the Depositary, (iii) shall be delivered by the Trustee to the Depositary or pursuant to the Depositary's instructions and (iv) shall bear the legend set forth below. The Issuer initially designates The Depository Trust Company ("DTC") as the depositary for the Global Notes. The Issuer and the Trustee shall enter into a customary letter of representation with DTC, providing for, among other things, a legend restricting transfer of the Global Notes. The Depositary may nay be treated by the Issuer as the owner of such Global Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer from giving effect to any written certification, proxy or other authorization furnished by or to the Depositary or impair, as between the Depositary and its participants, the operation of customary practices governing the exercise of the rights of a holder of any Note. The Holder of any Global Note, by its acceptance thereof, and the Trustee agree that such Global Note shall 34 41 be transferred pursuant to Section 2.04 hereof only in whole and not in part to a nominee of DTC, a successor to DTC or a nominee of such successor which is another clearing agency registered under the Securities Exchange Act of 1934, as amended. If at any time DTC (or any successor Depositary) notifies the Issuer that it is unwilling or unable to continue as Depositary for the Global Note or at any time DTC (or such successor Depositary) shall no longer be eligible under this Section 2.01, the Issuer shall appoint a successor Depositary with respect to the Global Notes and such successor shall enter into a customary letter of representation with the Issuer and the Trustee. If a successor Depositary for the Global Notes is not appointed by the Issuer within 90 days after the Issuer receives such notice or becomes aware of such ineligibility, or if an Event of Default has occurred and is continuing, the Notes shall thereafter no longer be in the form of the Global Notes and the Issuer shall execute and the Trustee upon receipt of an Order of the Issuer for the authentication and delivery of certificated Notes, will authenticate and deliver deliver, certificated Notes in any authorized denominations in an aggregate principal amount of the Global Notes in exchange for the Global Notes, such certificated Notes to be in denominations and registered in the names specified by the Depositary; provided that if such Event of Default is waived pursuant to Section 5.01 or is no longer continuing, such certificated Notes need not be issued and if already issued may, at the Holder's request, be represented again by a Global Note in accordance with this Section 2.01.
Appears in 1 contract
Form Generally; Title and Terms. (a) The Notes, including the face of the Notes, the reverse of the Notes and the Trustee's certificate of authentication shall be in substantially the forms set forth above, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistently herewith, be determined by the officers executing such Notes, as evidenced by such execution. The definitive Notes shall be printed, lithographed, engraved or otherwise produced as determined by the officers executing such Notes as evidenced by such execution.
(b) Except for Notes authenticated and delivered in exchange for or in lieu of Notes pursuant to Section 2.04, 2.05 or 8.05, the aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is limited to $150,000,000 250,000,000 principal amount. The Notes shall be known and designated as the 7 3/49% Notes Due 2004 2002 of the Issuer. Their Stated Maturity shall be August March 15, 20042002. The Notes shall bear interest as provided in the form of Note.
(c) The Notes and transfers thereof shall be registered as provided in Section 2.04.
(d) Each Note shall be dated the date of its authentication.
(e) The Notes shall not be entitled to any mandatory sinking fund. The Notes shall be redeemable by the Issuer as provided for in Article Nine.
(f) The Notes may be issued in whole or in part in the form of one or more global notes (the "Global Notes"). The Issuer shall execute and the Trustee shall, in accordance herewith and upon the Order of the Issuer, authenticate and deliver one or more Global Notes that (i) shall represent and shall be denominated in an aggregate principal or face amount of the Outstanding Notes to be represented by such Global Note or Notes, (ii) shall be registered in the name of the Depositary or the nominee of the Depositary, (iii) shall be delivered by the Trustee to the Depositary or pursuant to the Depositary's instructions and (iv) shall bear the legend set forth below. The Issuer initially designates The Depository Trust Company ("DTC") as the depositary for the Global Notes. The Issuer and the Trustee shall enter into a customary letter of representation with DTC, providing for, among other things, a legend restricting transfer of the Global Notes. The Depositary may be treated by the Issuer as the owner of such Global Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer from giving effect to any written certification, proxy or other authorization furnished by or to the Depositary or impair, as between the Depositary and its participants, the operation of customary practices governing the exercise of the rights of a holder of any Note. The Holder of any Global Note, by its acceptance thereof, and the Trustee agree that such Global Note shall be transferred pursuant to Section 2.04 hereof only in whole and not in part to a nominee of DTC, a successor to DTC or a nominee of such successor which is another clearing agency registered under the Securities Exchange Act of 1934, as amended. If at any time DTC (or any successor Depositary) notifies the Issuer that it is unwilling or unable to continue as Depositary for the Global Note or at any time DTC (or such successor Depositary) shall no longer be eligible under this Section 2.01, the Issuer shall appoint a successor Depositary with respect to the Global Notes and such successor shall enter into a customary letter of representation with the Issuer and the Trustee. If a successor Depositary for the Global Notes is not appointed by the Issuer within 90 days after the Issuer receives such notice or becomes aware of such ineligibility, or if an Event of Default has occurred and is continuing, the Notes shall thereafter no longer be in the form of the Global Notes and the Issuer shall execute and the Trustee upon receipt of an Order of the Issuer for the authentication and delivery of certificated Notes, will authenticate and deliver certificated Notes in any authorized denominations in an aggregate principal amount of the Global Notes in exchange for the Global Notes, such certificated Notes to be in denominations and registered in the names specified by the Depositary; provided that if such Event of Default is waived pursuant to Section 5.01 or is no longer continuing, such certificated Notes need not be issued and if already issued may, at the Holder's request, be represented again by a Global Note in accordance with this Section 2.01.
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