Further Issuances. The Obligor may issue an unlimited principal amount of additional Senior Notes; provided that, any such additional Senior Notes shall have identical terms as the outstanding Senior Notes, other than with respect to the date of issuance, issue price, first Interest Payment Date, interest accrual date and amount of interest payable on the first Interest Payment Date applicable thereto; provided, further, that any such additional Senior Notes shall be treated as a single class with the outstanding Senior Notes for all purposes under this Fifth Supplemental Indenture and the Indenture.
Further Issuances. The Company may from time to time without the consent of the Holders of Securities of any series affected create and issue further Securities of such series having the same terms and conditions as the Securities of such series in all respects (or in all respects except for the payment of interest of the Securities of such series (i) scheduled and paid prior to the date of issuance of the additional Securities of such series or (ii) payable on the first Interest Payment Date following such issuance) so that such further issues shall be consolidated and form a single series with the outstanding Securities of any series. Any further Securities forming a single series with the outstanding Securities of any series may be constituted by the Indenture or any supplement to this Indenture.
Further Issuances. (i) The Issuer may from time to time, without notice to or consent of the Holders of the Notes, create and issue an unlimited principal amount of additional notes (the “Additional Notes”) of the same series as the Notes. Such Additional Notes may be issued in one or more series and with the same or different ISIN as the outstanding Notes; provided, however, that unless such Additional Notes are issued under a separate ISIN number, such Additional Notes are issued either (i) pursuant to a “qualified reopening” of the outstanding Notes, (ii) with less than a de minimis amount of original issue discount or (iii) otherwise as part of the same “issue” as the outstanding Notes, in each case for U.S. federal income tax purposes.
(ii) Any such Additional Notes, together with the Notes, will constitute a single series of notes under this Indenture. Other than the foregoing, there is no limitation on the amount of Notes or other debt securities that the Issuer or its Subsidiaries may issue under this Indenture and there is no restriction on the Issuer issuing notes of a different series that may have preferential rights to the Notes or notes with similar or different provisions to those described herein.
(iii) For the avoidance of doubt, Additional Notes of the same series of the Notes which may be issued by the Issuer, shall constitute one series and the provisions of this Indenture shall apply to the Additional Notes that may be issued as aforesaid (including that to the extent that on the date of issuance of the Additional Notes the Notes shall be registered for trading on Tel Aviv Stock Exchange Limited (“TASE”) platform for trading by institutional investors, the TACT Institutional, also known as the “TASE-UP” (the “TASE-UP”), the Additional Notes shall also be registered for trading on TASE-UP and the issuance thereof shall be subject to the approval of the TASE). For the avoidance of doubt, Holders of the Additional Notes of the same series of the Notes shall not be entitled to any interest payments in respect of any interest period which ended prior to the date of issuance of the Additional Notes.
(iv) To the extent the discount rate to be determined for the Additional Notes to be issued as part of a series expansion differs from the discount rate of the Notes outstanding as at such time (including lack of discount, if relevant), the Issuer shall apply to the Israeli Tax Authority (the “ITA”), prior to the issuance of the Additional Notes, in order to obtain...
Further Issuances. The Company may, from time to time, without notice to or the consent of the Holders of the Notes, increase the principal amount of the Notes under this Indenture and issue such increased principal amount (or any portion thereof), in which case any Additional Notes so issued shall have the same form and terms (other than the date of issuance and, under certain circumstances, the date from which interest thereon shall begin to accrue), and shall carry the same right to receive accrued and unpaid interest, as the Notes previously issued, and such Additional Notes shall form a single series with the Notes; provided that any Additional Notes that are not fungible with the Notes for U.S. Federal income tax purposes must be issued under a separate CUSIP number.
Further Issuances. The Issuer shall be entitled to issue Additional Notes pursuant to Section 2.01 of the Indenture.
Further Issuances. The Obligor may issue an unlimited principal amount of additional Senior Notes; provided that, any such additional Senior Notes shall have identical terms as the Outstanding Senior Notes, other than with respect to the date of issuance, issue price, first Interest Payment Date, interest accrual date and amount of interest payable on the first Interest Payment Date applicable thereto; provided, further, that any such additional Senior Notes may be consolidated and form a single series with, and will have the same terms as to ranking, redemption, waivers, amendments or otherwise as, the Outstanding Senior Notes and will vote together as one class on all matters with respect to the Senior Notes; provided, further, that any additional Senior Notes may only bear the same CUSIP and/or ISIN number as the Outstanding Senior Notes if they would be fungible for United States federal tax purposes with such Outstanding Senior Notes.
Further Issuances. The Company may from time to time, without notice to or the consent of the Holders of the Securities, create and issue additional securities ranking pari passu with, and being part of the same series as, the Securities in all respects (or in all respects except for the payment of interest accruing prior to the issue date of such further securities or except for the first payment of interest following the issue date of such further securities) and such further securities shall have the same terms as to status or otherwise as the Securities. Any such securities will constitute part of the same series of Securities for purposes of the Indenture. For the avoidance of doubt, any Exchange Securities offered in exchange for these Securities as contemplated pursuant to the terms of the Registration Rights Agreement described Clause T hereof shall for purposes of the Indenture constitute the same series of Securities as these Securities.
Further Issuances. The Issuer may, from time to time, without notice to or the consent of the Holders of the Notes, increase the principal amount of the Notes under the Indenture and issue such increased principal amount (or any portion thereof), in which case any additional Notes so issued will have the same form and terms (other than the date of issuance and, under certain circumstances, the date from which interest thereon will begin to accrue), and will carry the same right to receive accrued and unpaid interest, as the Notes previously issued, and such additional Notes will form a single series with the Notes.
Further Issuances. So long as the Notes are outstanding, the Issuer shall not issue any capital stock or issue or enter into any options, warrants, rights (including conversion or preemptive rights and rights of first refusal and similar rights) or agreements, orally or in writing, for the purchase or acquisition from the Issuer of any shares of capital stock, without the prior written consent of the Required Holders.
Further Issuances. The Issuer may, from time to time, without notice to or the consent of the Holders of the Notes, increase the principal amount of the Notes under the Indenture and issue such increased principal amount (or any portion thereof), in which case any additional Notes so issued will have the same form and terms (other than the date of issuance and the issue price and, under certain circumstances, the date from which interest thereon will begin to accrue and the initial Interest Payment Date), and will carry the same right to receive accrued and unpaid interest, as the Notes previously issued, and such additional Notes will form a single series with the previously issued Notes (including the Notes issued on May 19, 2022), including for voting purposes; provided that if such additional Notes are not fungible with the previously issued Notes for U.S. federal income tax purposes, such additional Notes will be issued with a different CUSIP, ISIN, Common Code and/or other securities identifier than the identifier used for such previously issued Notes.
