Common use of Further Issuance Clause in Contracts

Further Issuance. Notwithstanding anything to the contrary contained herein or in the Base Indenture, the Company may, from time to time, with the prior written consent of the Holders of not less than a majority in principal amount of the Outstanding Notes, create and issue further securities having the same interest rate, maturity and other terms (except for the issue date, the public offering price and the first Interest Payment Date) as, ranking equally and ratably with, the Notes. Additional Notes issued in this manner shall be consolidated with and shall form a single series with the previously outstanding Notes and shall be fungible with the Notes for United States federal income tax purposes. No such additional securities may be issued if an Event of Default has occurred and is continuing with respect to the Notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Seaspan CORP), Second Supplemental Indenture (Seaspan CORP)

AutoNDA by SimpleDocs

Further Issuance. Notwithstanding anything to the contrary contained herein or in the Base Indenture, the Company may, from time to time, with without the prior written consent of or notice to the Holders of not less than a majority in principal amount of the Outstanding NotesHolders, create and issue further debt securities having the same interest rate, maturity and other terms (except for the issue date, the public offering price and the first Interest Payment Date) as, ranking equally and ratably with, the Notes (the “Additional Notes”). Additional Such additional Notes issued in this manner shall be consolidated with and shall form a single series with the previously outstanding Notes Notes, including for purposes of voting and redemptions, and shall be fungible with the Notes for United States federal income tax purposespurposes or will have a separate CUSIP number than the Notes. No such additional securities Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the Notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Paragon Shipping Inc.), Supplemental Indenture (Scorpio Bulkers Inc.)

Further Issuance. Notwithstanding anything to the contrary contained herein or in the Base Indenture, the Company may, from time to time, with without the prior written consent of or notice to the Holders of not less than a majority in principal amount of the Outstanding NotesHolders, create and issue further debt securities having the same interest rate, maturity and other terms (except for the issue date, the public offering price and the first Interest Payment Date) as, ranking equally and ratably with, the Notes (the "Additional Notes"). Additional Such additional Notes issued in this manner shall be consolidated with and shall form a single series with the previously outstanding Notes Notes, including for purposes of voting and redemptions, and shall be fungible with the Notes for United States federal income tax purposespurposes or will have a separate CUSIP number than the Notes. No such additional securities Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the Notes.

Appears in 1 contract

Samples: Supplemental Indenture (Scorpio Tankers Inc.)

AutoNDA by SimpleDocs

Further Issuance. Notwithstanding anything to the contrary contained herein or in the Base Indenture, the Company may, from time to time, with without the prior written consent of or notice to the Holders of not less than a majority in principal amount of the Outstanding NotesHolders, create and issue further debt securities having the same interest rate, maturity and other terms (except for the issue date, the public offering price and the first Interest Payment Date) as, ranking equally and ratably with, the Notes (the “Additional Notes”). Such Additional Notes issued in this manner shall be consolidated with and shall form a single series with the previously outstanding Notes Notes, including for purposes of voting and redemptions, and shall be fungible with the Notes for United States federal income tax purposespurposes or will have a separate CUSIP number than the Notes. No such additional securities Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the Notes.

Appears in 1 contract

Samples: Supplemental Indenture (Global Ship Lease, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!