Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Indenture (Verio Inc)
Indenture. The Issuer issued the Notes under an Indenture among the Issuer, Hovnanian, the Guarantors and the Trustee, the terms of which have been established in the Seventh Supplemental Indenture (the “Seventh Supplemental Indenture”) dated as of June 12, 2006, supplementing an Indenture dated November 3, 2003 (the “Base Indenture”, as supplemented by a First Supplemental Indenture thereto, dated as of November 3, 2003, a Second Supplemental Indenture thereto, dated as of March 18, 2004, a Third Supplemental Indenture thereto, dated as of July 15, 2004, a Fourth Supplemental Indenture thereto, dated as of April 19, 2005, a Fifth Supplemental Indenture thereto, dated as of September 6, 2005, a Sixth Supplemental Indenture thereto, dated as of February 27, 2006, and the Seventh Supplemental Indenture, the “Indenture”), pursuant to Section 2.3 of the Base Indenture. This Note is one of a duly authorized issue of Notes the Securities of the Company series designated as its 13 1/2the “85¤8% Senior Notes due 2004, Series A (herein called 2017” of the "Initial Notes")Issuer. The Issuer may issue additional Notes are limited (except as otherwise provided in of this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be series after this Note has been issued. This Note and any additional notes of this series subsequently issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are shall be treated as a single class of securities series for all purposes under this Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned vote and consent together on all matters as one class, including, without limitation, waivers, amendments, redemption and offers to them in this Indenturepurchase. The terms of the Notes and the Guarantees include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb“TIA”) (the "TIA"), as in effect on the date of this the Indenture. Notwithstanding anything to The Notes and the contrary herein, the Notes Guarantees are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such termsthem. No reference herein to this Indenture and no provisions To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note or of this Indenture shall alter or impair and the obligation terms of the CompanyIndenture, which is absolute and unconditional, the terms of the Indenture will control. Capitalized terms not defined herein have the meanings given to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and those terms in the coin or currencyIndenture. The Issuer will furnish to any Holder upon written request and without charge a copy of the Indenture. Requests may be made to: ▇. ▇▇▇▇▇▇▇▇▇ Enterprises, herein prescribedInc., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Chief Financial Officer.
Appears in 1 contract
Sources: Seventh Supplemental Indenture (Hovnanian Enterprises Inc)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 2430, 19972016 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Agent and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustees. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 5.50% Senior Notes due 2024 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) €450,000,000 aggregate principal amount of the Issuer’s 5.50% Senior Notes due 2024 issued under the Indenture on June 30, herein prescribed2016 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to June 30, 2016 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries, transactions with affiliates and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Cott Corp /Cn/)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24September 25, 19972020, by and between among the Company and First Trust National AssociationIssuer, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyGuarantors named therein, the Trustee and the Holders of the Notes, and of Notes Collateral Agent (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 6.125% Senior First Lien Notes due 2028 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $1,000,000,000 principal amount of the Issuer’s 6.125% Senior First Lien Notes due 2028 issued under the Indenture on September 25, herein prescribed2020 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to September 25, 2020 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Avaya Holdings Corp.)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24[October] [DAY], 19972018 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by the “Indenture”), among the Issuer, the Guarantors, the Trustee and between the Company and First Trust Wilmington Trust, National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureCollateral Agent. The terms of the Notes include those stated in this the Indenture. The Issuer is not be required to offer to exchange the Notes for notes registered under the Securities Act or otherwise register or qualify by prospectus the Notes for resale under the Securities Act. The Indenture and those made part of this Indenture by reference to will not be qualified under the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture, the “Act”). Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes Noteholders are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture and no provisions In the event of a conflict between the terms of this Note or and the Indenture, the terms of this the Indenture shall alter or impair the obligation govern and control. The Notes are senior obligations of the CompanyIssuer. This Note is one of the 9.00% Cash / 2.00% PIK Senior Secured Second Lien Notes due 2024 referred to in the Indenture. The Notes include $[ ] aggregate principal amount of the Issuer’s 9.00% Cash / 2.00% PIK Senior Secured Second Lien Notes due 2024 issued under the Indenture on [October] [DAY], which is absolute 2018 (herein called “Initial Notes”). The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets and unconditionalsubsidiary stock, the incurrence of certain liens, the entering into of affiliate transactions, the entering into of agreements that restrict distribution from certain restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to pay the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries. The Initial Notes issued on the Issue Date, any increase in the aggregate principal ofamount of the Initial Notes in connection with PIK Payments and PIK Notes will be treated as a single class for all purposes under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest (including post-filing or post-petition interest) on this Note the Notes and all other amounts payable by the Issuer under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the timesterms of the Notes and the Indenture, placethe Guarantors have unconditionally guaranteed (and future guarantors, together with the Guarantors, will unconditionally Guarantee), jointly and rateseverally, and in such obligations on a senior basis pursuant to the coin or currency, herein prescribedterms of the Indenture.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24March 10, 19972021, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Guarantors named therein and the Holders of the Notes, and of Trustee (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 4.500% Senior Notes due 2029 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $500,000,000 principal amount of the Issuer’s 4.500% Senior Notes due 2029 issued under the Indenture on March 10, herein prescribed2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to March 10, 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Owens & Minor Inc/Va/)
Indenture. Reference is made hereby to (i) the Indenture dated as of October 4, 2004 (the “Original Indenture”) among Enterprise Products Operating L.P., as issuer (the “Original Issuer”), Enterprise Products Partners L.P., as parent guarantor (the “Parent Guarantor”), and ▇▇▇▇▇ Fargo Bank, National Association, as trustee (the “Trustee”), (ii) the Tenth Supplemental Indenture thereto dated as of June 30, 2007 (the “Tenth Supplemental Indenture”), among the Original Issuer, the Issuer, the Parent Guarantor and the Trustee, providing for the Issuer as the successor issuer and (iii) the Thirtieth Supplemental Indenture thereto dated as of February 15, 2018 (the “Thirtieth Supplemental Indenture”), among the Issuer, the Parent Guarantor and the Trustee, providing for the issuance of Debt Securities of the series whose designation appears on the face hereof. The Original Indenture, as amended and supplemented by the Tenth Supplemental Indenture and the Thirtieth Supplemental Indenture, and as may be further duly amended and supplemented in accordance with the terms thereof, is referred to herein as the “Indenture.” Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Indenture. This Note Security is one of a duly authorized issue of Notes Debt Securities of the Company series designated by the Issuer as its 13 1/2“4.250% Senior Notes due 2004, Series A 2048” (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture such series of Debt Securities being referred to below) in aggregate principal amount herein as the “Securities”), all of which are issued or to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes Securities include those stated in this Indenture the Indenture, and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "“TIA"”), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes The Securities are subject to all such terms, and Holders of Notes Securities are referred to this the Indenture and the TIA for a statement of such termsterms and a description of the rights, limitations of rights, obligations, duties and immunities thereunder of the Trustee, the Issuer, the Parent Guarantor and the Holder hereof. No reference herein If and to this the extent any provision of the Indenture and no limits, qualifies or conflicts with any other provision of the Indenture that is required to be included in the Indenture or is deemed applicable to the Indenture by virtue of the provisions of this Note or of this Indenture the TIA, such required provision shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedcontrol.
Appears in 1 contract
Sources: Supplemental Indenture (Enterprise Products Partners L P)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24April 29, 19972011 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee guarantor party thereto (the “Guarantor”) and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein The Notes are senior obligations of the Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 9% Senior Notes due 2016 referred to this in the Indenture. The Notes include (i) $770,000,000 principal amount of the Issuer’s 9% Senior Notes due 2016 issued under the Indenture on April 29, 2011 (the “Initial Notes”), (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to April 29, 2011 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture and no provisions of this Note (iii) if and when issued, the Issuer’s 9% Senior Notes due 2016 that may be issued from time to time under the Indenture in exchange for Initial Notes or of this Indenture Additional Notes in an offer registered under the Securities Act as provided in the Registration Rights Agreement (herein called “Exchange Notes”). The Initial Notes, the Additional Notes and the Exchange Notes shall alter or impair the obligation be considered collectively as a single class for all purposes of the CompanyIndenture. The Indenture imposes certain limitations on the incurrence of indebtedness, which is absolute the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and unconditional, the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to pay the principal of, premium, if any, provision of financial information and interest on this Note at the times, place, and rate, and in provision of guarantees of the coin or currency, herein prescribedNotes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Igate Corp)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 241, 19972021 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Subsidiary Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture (the “Act”). Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes Noteholders are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are senior obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 5.375% Senior Notes due 2030 referred to in the Indenture. The Notes include (i) $600,000,000 aggregate principal amount of Notes issued under the Indenture on June 1, which is absolute 2021 (herein called “Initial Notes”) and unconditional(ii) if and when issued, Additional Notes as provided in the Indenture. The Initial Notes and Additional Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets and subsidiary stock, the incurrence of certain liens, the entering into of affiliate transactions, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to pay the principal ofprovision of financial information and the provision of guarantees of the Notes by certain subsidiaries. To guarantee the due and punctual payment of the principal, premium, if any, and interest (including post-filing or post-petition interest) on this Note the Notes and all other amounts payable by the Issuer under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the timesterms of the Notes and the Indenture, placethe Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, will unconditionally Guarantee), jointly and rateseverally, and in such obligations on a senior basis pursuant to the coin or currency, herein prescribedterms of the Indenture.
Appears in 1 contract
Sources: Indenture (ANTERO RESOURCES Corp)
Indenture. This Note is one of a duly authorized issue of Notes of the Company Issuers, designated as its 13 1/2their 4.450% Senior Notes due 2004, Series A Due 2026 (herein called the "Initial “Notes",” which expression includes any further notes issued pursuant to Section 2.04 of the Twentieth Supplemental Indenture (as hereinafter defined) and forming a single Series therewith). The Notes are limited (except as otherwise provided in this Indenture referred , issued and to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture indenture, dated as of May 14, 2014, as amended and supplemented by the fifth supplemental indenture, dated as of September 29, 2014, and the tenth supplemental indenture, dated as of January 26, 2017 (as so amended and supplemented, herein called the "“Original Indenture") ”), as further supplemented by a twentieth supplemental indenture, dated as of June 24April 3, 19972019 (the “Twentieth Supplemental Indenture” and, by together with the Original Indenture, the “Indenture”), among AERCAP IRELAND CAPITAL DAC (formerly known as AerCap Ireland Capital Limited), a designated activity company with limited liability incorporated under the laws of Ireland (the “Irish Issuer”), AERCAP GLOBAL AVIATION TRUST, a statutory trust organized under the laws of Delaware (the “U.S. Issuer” and, together with the Irish Issuer, the “Issuers,” and between each, an “Issuer”), AERCAP HOLDINGS N.V., a public limited liability company organized under the Company laws of the Netherlands (“Holdings”), each of Holdings’ subsidiaries signatory thereto or that becomes a Guarantor pursuant to the terms of the Indenture (the “Subsidiary Guarantors”) and First Trust National AssociationWILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States, as trustee (herein called the "“Trustee," which term includes any successor Trustee under this Indenture”), . Reference is hereby made to which the Indenture and all indentures supplemental thereto reference is hereby made relevant to the Notes for a statement complete description of the respective rights, limitations of rights, dutiesobligations, obligations duties and immunities thereunder of the CompanyTrustee, the Trustee Issuers and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized Capitalized terms used but not defined in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned ascribed to them in this the Indenture. The terms Indenture imposes certain limitations on the ability of Holdings and its Restricted Subsidiaries to create or incur Liens. The Indenture also imposes certain limitations on the ability of the Notes include those stated Holdings and its Restricted Subsidiaries to merge, consolidate or amalgamate with or into any other person or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all of the property of Holdings and its Restricted Subsidiaries in this Indenture any one transaction or series of related transactions. Each Note is subject to, and those made part qualified by, all such terms as set forth in the Indenture, certain of this Indenture by reference which are summarized herein, and each Holder of a Note is referred to the Trust corresponding provisions of the Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a complete statement of such terms. No reference herein to this Indenture To the extent that there is any inconsistency between the summary provisions set forth in the Notes and no the Indenture, the provisions of this Note or of this the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedgovern.
Appears in 1 contract
Sources: Twentieth Supplemental Indenture (AerCap Holdings N.V.)
Indenture. The Company issued the Notes under an Indenture, dated as of March 15, 2002 (the "Indenture"), among the Company, the Subsidiary Guarantors and the Trustee. This Note is one of a duly authorized issue of Exchange Notes of the Company designated as its 13 1/29.60% Senior Notes due 20042012, Series A B (herein called the "Exchange Notes"). The Notes include the 9.60 % Notes due 2012 (the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Exchange Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights AgreementAgreement and any Additional Notes. The Initial Notes, any Additional Notes and the Unrestricted Exchange Notes are treated as a single class of securities under this the Indenture. All capitalized Capitalized terms herein are used in this Note which are as defined in this the Indenture and not unless otherwise defined herein shall have the meanings assigned to them in this Indentureherein. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections U.S. Code ss.ss. 77aaa-77bbbb) (the t▇▇ "TIA▇IA"), as in effect on the date of this the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA said Act for a statement of such termsthem. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are general unsecured obligations of the Company. Payment on each Note is guaranteed on a senior basis by the Subsidiary Guarantors pursuant to Article 12 of the Indenture. Each Holder, which is absolute by accepting a Note, agrees to be bound by all of the terms and unconditionalprovisions of the Indenture, as the same may be amended from time to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and time in the coin or currency, herein prescribedaccordance with its terms.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this pursuant to an Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24April 28, 1997, by and between 2013 (the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Base Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of ”) among the Company, the Trustee Guarantors and the Holders Trustee, as amended and supplemented with respect to the Notes by the Twenty-Sixth Supplemental Indenture dated as Table of Contents of April 27, 2017 (the “Twenty-Sixth Supplemental Indenture”; the Base Indenture, as supplemented by the Eleventh Supplemental Indenture, dated as of May 1, 2013 by and among the Company, the guarantors party thereto and the Trustee, the Sixteenth Supplemental Indenture, dated as of August 11, 2014 by and among the Company, the guarantors party thereto and the Trustee, the Nineteenth Supplemental Indenture, dated as of September 28, 2015, by and among the Company, the guarantors party thereto and the Trustee, and the Twenty-Second Supplemental Indenture, dated as of August 30, 2016, by and among the Company, the guarantors party thereto and the Trustee, and as amended and supplemented in respect of the Notes, and of Notes by the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial NotesTwenty-Sixth Supplemental Indenture, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and and, to the extent so included in the Indenture, to the TIA for a statement of such terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are unsecured, unsubordinated obligations of the Company, which is absolute and unconditional, to pay . The Indenture does not limit the aggregate principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedamount of Notes that may be issued thereunder.
Appears in 1 contract
Sources: Indenture (T-Mobile US, Inc.)
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/29.80% Senior Discount Notes due 20042008, Series A B (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount at maturity to $150,000,000567,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24February 6, 19971998, by and between the Company and First Trust National AssociationThe Chase Manhattan Bank, as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Trustee, and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to belowNotes), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb▇▇.▇▇. 77aaa-77bbb) (the "TIA"), as in effect on the date of this the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Indenture (RCN Corp /De/)
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/212 1/4% Senior Subordinated Notes due 2004, 2009 Series A B (herein called the "Initial Unrestricted Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount to $150,000,000100,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24March 30, 19971999, by and between among the Company Company, each of the Guarantors named in the Indenture, as guarantors (herein called the "Guarantors"), and First State Street Bank and Trust National AssociationCompany, as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Trustee, the Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes Securities and the Unrestricted Notes (including the Exchange Notes referred to belowNotes), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes Notes, the Private Exchange Securities and the Unrestricted Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections ss.ss. 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Inde▇▇▇▇▇. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the CompanyCompany or any Guarantor, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Indenture. Notes. This Note is one of a duly authorized issue series of Notes Securities of the Company designated as its 13 1/2% Senior the "Floating Rate Notes due 2004November 30, Series A 2001" (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided , initially issued in this Indenture referred to below) in an aggregate principal amount to of $150,000,000500,000,000 on November 3, which may be 2000. Such series of Securities has been established pursuant to, and is one of an indefinite number of series of debt securities of the Company, issued or issuable under an indenture and pursuant to, the Indenture, dated as of April 1, 1991, as supplemented by a First Supplemental Indenture, dated as of September 9, 1992, and as further supplemented by a Second Supplemental Indenture, dated as of June 1, 2000 (herein called collectively, the "Indenture") dated as of June 24), 1997, duly executed and delivered by and between the Company and Bank One Trust Company, NA, as successor in interest to The First Trust National AssociationBank of Chicago, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture"), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, dutiesobligations, obligations duties and immunities thereunder of the CompanyTrustee, the Trustee Company and the Holders holders of the Notes, Notes and of the terms upon which the Notes arethis Note is, and are is to be, authenticated and delivered. The Notes include the Initial Notesterms, the Private Exchange Notes conditions and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms provisions of the Notes include are those stated in this Indenture and the Indenture, those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "TIATrust Indenture Act"), as and those set forth in effect on this Note. To the date of this Indenture. Notwithstanding anything to extent that the contrary herein, the Notes are subject to all such terms, conditions and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no other provisions of this Note modify, supplement or are inconsistent with those of the Indenture, then the terms, conditions and other provisions of this Indenture Note shall alter or impair govern. All capitalized terms which are used but not defined in this Note shall have the obligation meanings assigned to them in the Indenture. The Company may, without the consent of the Companyholders, issue and sell additional Securities ranking equally with the Notes and otherwise identical in all respects (except for their date of issue, issue price and the date from which is absolute interest payments thereon shall accrue) so that such additional Securities shall be consolidated and unconditionalform a single series with the Notes; provided, to pay however, that no additional Securities of any existing or new series may be issued under the principal of, premium, Indenture if any, an Event of Default has occurred and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedremains uncured thereunder.
Appears in 1 contract
Sources: Note Agreement (Wal Mart Stores Inc)
Indenture. The Issuers issued the Notes under the Base Indenture, dated as of December 1, 2014 (the “Base Indenture”), among the Issuers, the Guarantors party thereto and U.S. Bank National Association, as supplemented by the Nineteenth Supplemental Indenture, dated as of August 22, 2024 (the “Nineteenth Supplemental Indenture”), among the Issuers, the Guarantors and the Trustee, as successor in interest to U.S. Bank National Association (as supplemented, the “Indenture”). This Note is one of a duly authorized issue of Notes notes of the Company Issuers designated as its 13 1/25.550% Senior Notes due 20042034. Except as otherwise provided in Section 9.02 of the Nineteenth Supplemental Indenture, Series A (herein called the "Initial Notes"). The all Notes are limited (shall vote and consent together on all matters as one class, and, except as otherwise provided in this Indenture referred Section 9.02 of the Nineteenth Supplemental Indenture, none of the Notes will have the right to below) vote or consent as a class separate from one another on any matter. Terms defined in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Nineteenth Supplemental Indenture and all indentures supplemental not defined herein have the meanings ascribed thereto reference is hereby made for a statement in the Nineteenth Supplemental Indenture. To the extent any provision of this Note conflicts with the express provisions of the respective rightsIndenture, limitations of rights, duties, obligations and immunities thereunder the provisions of the Company, the Trustee Indenture shall govern and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and deliveredbe controlling. The Notes include are senior unsecured obligations of the Initial Notes, Issuers. This Note is one of the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Nineteenth Supplemental Indenture. The terms Indenture imposes certain limitations on the ability of the Notes include those stated in this Issuers and their Subsidiaries to, among other things, incur Indebtedness, create or incur Liens and enter into Sale/Leaseback Transactions. The Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect also imposes limits on the date ability of this Indenturethe Issuers and each Guarantor to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all its property. Notwithstanding anything to the contrary herein, the Notes These covenants are subject to all such terms, important exceptions and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedqualifications.
Appears in 1 contract
Sources: Supplemental Indenture (CDW Corp)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24March 17, 19972021, by and between among the Company and First Trust National AssociationIssuer, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), guarantors party thereto from time to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companytime, the Trustee and the Holders of the Notes, and of (as it may be further amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior unsecured obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 5.875% Senior Notes due 2029 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $500,000,000 principal amount of the Issuer’s 5.875% Senior Notes due 2029 issued under the Indenture on March 17, herein prescribed2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to March 17, 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Macy's, Inc.)
Indenture. Reference is made hereby to (i) the Indenture dated as of October 4, 2004 (the “Original Indenture”) among Enterprise Products Operating L.P., as issuer (the “Original Issuer”), Enterprise Products Partners L.P., as parent guarantor (the “Parent Guarantor”), and ▇▇▇▇▇ Fargo Bank, National Association, as trustee (the “Trustee”), (ii) the Tenth Supplemental Indenture thereto dated as of June 30, 2007 (the “Tenth Supplemental Indenture”), among the Original Issuer, the Issuer, the Parent Guarantor and the Trustee, providing for the Issuer as the successor issuer and (iii) the Thirty-Fourth Supplemental Indenture thereto dated as of January 15, 2020 (the “Thirty-Fourth Supplemental Indenture”), among the Issuer, the Parent Guarantor and the Trustee, providing for the issuance of Debt Securities of the series whose designation appears on the face hereof. The Original Indenture, as amended and supplemented by the Tenth Supplemental Indenture and the Thirty-Fourth Supplemental Indenture, and as may be further duly amended and supplemented in accordance with the terms thereof, is referred to herein as the “Indenture.” Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Indenture. This Note Security is one of a duly authorized issue of Notes Debt Securities of the Company series designated by the Issuer as its 13 1/2“3.950% Senior Notes due 2004, Series A 2060” (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture such series of Debt Securities being referred to below) in aggregate principal amount herein as the “Securities”), all of which are issued or to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes Securities include those stated in this Indenture the Indenture, and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "“TIA"”), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes The Securities are subject to all such terms, and Holders of Notes Securities are referred to this the Indenture and the TIA for a statement of such termsterms and a description of the rights, limitations of rights, obligations, duties and immunities thereunder of the Trustee, the Issuer, the Parent Guarantor and the Holder hereof. No reference herein If and to this the extent any provision of the Indenture and no limits, qualifies or conflicts with any other provision of the Indenture that is required to be included in the Indenture or is deemed applicable to the Indenture by virtue of the provisions of this Note or of this Indenture the TIA, such required provision shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedcontrol.
Appears in 1 contract
Sources: Supplemental Indenture (Enterprise Products Partners L.P.)
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24September 25, 1997, by and between 2002 (the Company and First Trust National Association“Original Indenture”), as trustee supplemented by the Sixteenth Supplemental Indenture dated as of July 23, 2009 (herein called the "Trustee," which term includes any successor Trustee under this “Supplemental Indenture)” and, to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of together with the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyOriginal Indenture, the Trustee “Indenture”) among the Issuers and the Holders of Trustee and, with respect to the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial NotesSupplemental Indenture, the Private Exchange Notes and subsidiary guarantors signatory thereto (the Unrestricted Notes (including the Exchange Notes referred to below“Subsidiary Guarantors”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 1939, as amended (15 U.S.C. Sections U.S. Code §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are joint and several obligations of the CompanyIssuers initially in aggregate principal amount of $500 million. The Issuers may issue an unlimited aggregate principal amount of Additional Notes under the Indenture. Any such Additional Notes that are actually issued shall be treated as issued and outstanding Notes (and as the same series (with identical terms other than with respect to the issue date, which is absolute the date of first payment of interest, if applicable, and unconditionalthe payment of interest accruing prior to the issue date) as the initial Notes) for all purposes of the Indenture, including waivers, amendments, redemptions and offers to pay purchase. To secure the due and punctual payment of the principal of, premium, if any, and interest on this the Notes and all other amounts payable by the Issuers under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed the Note at Obligations under the times, place, Indenture and rate, and in the coin or currency, herein prescribedNotes on a senior basis pursuant to the terms of the Indenture.
Appears in 1 contract
Sources: Supplemental Indenture (Plains All American Pipeline Lp)
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24July 23, 19972021 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of among the Company, the Trustee guarantors named therein and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior unsecured obligations of the Company, which . The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 4.250% Senior Notes due 2032 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $1,000,000,000 principal amount of the Company’s 4.250% Senior Notes due 2032 issued under the Indenture on July 23, herein prescribed2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to July 23, 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. The Issuer issued the Toggle Notes under an Indenture, dated as of October 31, 2007 (the “Existing Indenture”), among the Issuer, the Guarantors named therein and the Trustee, as supplemented by the First Supplemental Indenture dated as of December 6, 2007, among the Issuer, the Guarantors named therein and the Trustee (the Existing Indenture as supplemented, the “Indenture”). This Toggle Note is one of a duly authorized issue of Notes notes of the Company Issuer designated as its 13 1/210.50%/11.25% Senior Toggle Notes due 2004, Series A (herein called the "Initial Notes")2016. The Issuer shall be entitled to issue Additional Toggle Notes are limited (except as otherwise provided in this Indenture referred pursuant to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by Sections 2.01 and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement 4.09 of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and deliveredIndenture. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Existing Cash Pay Notes (including the any Exchange Notes referred to below), issued in exchange for therefor), the Initial Series B Cash Pay Notes pursuant to the Registration Rights Agreement. The Initial (including any Exchange Notes issued in exchange therefor) and the Unrestricted Toggle Notes (including any Exchange Notes issued in exchange therefor) (collectively referred to herein as the “Notes”) are separate series of Senior Notes, but shall be treated as a single class of securities under this the Indenture. All capitalized terms used , unless otherwise specified in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Toggle Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "TIA"“Trust Indenture Act”), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Toggle Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to To the extent any provision of this Indenture and no Toggle Note conflicts with the express provisions of this Note or the Indenture, the provisions of this the Indenture shall alter or impair the obligation of the Company, which is absolute govern and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedbe controlling.
Appears in 1 contract
Sources: First Supplemental Indenture (Energy Future Holdings Corp /TX/)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24September 19, 19972024, by among the Issuer, the Guarantors named therein and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), from time to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companytime party thereto, the Trustee and the Holders of the Notes, and of Notes Collateral Agent (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 5.875% Senior Secured Notes due 2032 referred to in the Indenture. The Notes include (i) $600,000,000 principal amount of the Issuer’s 5.875% Senior Secured Notes due 2032 issued under the Indenture on September 19, which is absolute 2024 (the “Initial Notes”) and unconditional(ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to September 19, 2024 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes, to pay the principal ofmaximum extent possible, premiumshall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes or if the Company otherwise determines that any Additional Notes should be differentiated from the Initial Notes. The Additional Notes can be issued without the consent of any Holder, if any, and interest on this Note at the times, place, and rate, and subject to compliance with any covenants set forth in the coin or currencyIndenture. The Indenture imposes certain limitations on the incurrence of indebtedness, herein prescribedthe making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, permitted activities of the Issuer, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24March 13, 19972025 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of among the Company, the guarantors named therein, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureCollateral Agent. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the Company, which . The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 7.750% Senior Secured Notes due 2030 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $700,000,000 principal amount of the Company’s 7.750% Senior Secured Notes due 2030 issued under the Indenture on March 13, 2025 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to March 13, 2025 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture. Additional Notes will be part of the same issue as the existing Notes under the Indenture for all purposes, including waivers, amendments, redemptions and offers to purchase. If any Additional Notes are not fungible with any other existing Notes for U.S. federal income tax purposes or currencyif the Company otherwise determines that any Additional Notes should be differentiated from the existing Notes, herein prescribedsuch Additional Notes may have a separate CUSIP number; provided that, for the avoidance of doubt, such Additional Notes will still constitute a single series with all other Notes issued under the Indenture for all purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Wayfair Inc.)
Indenture. This Note is one The Company issued the Notes as a Series of a duly authorized issue of Notes of Securities under the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 244, 1997, by and 2014 (the “Base Indenture”) between the Company and First Trust National AssociationTrustee, as trustee supplemented by the First Supplemental Indenture dated as of June 4, 2014 (herein called the "Trustee," which term includes any successor Trustee under this “Supplemental Indenture)” and together with the Base Indenture, to which Indenture the “Indenture”) by and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of among the Company, the Trustee Subsidiary Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (TIA. Capitalized terms used herein and not defined herein have the "TIA"), as meanings ascribed thereto in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture and no provisions In the event of any inconsistency between the terms of this Note or and the terms of this the Indenture, the terms of the Indenture shall alter or impair control. The aggregate principal amount of Notes that may be authenticated and delivered under the obligation Indenture is unlimited. This Note is one of the 4.375% Senior Notes due 2024 referred to in the Indenture. The Notes include (i) $750,000,000 aggregate principal amount of the Company’s 4.375% Senior Notes due 2024 issued under the Indenture on June 4, which is absolute and unconditional, to pay 2014 in an offering registered under the principal of, premium, if anySecurities Act (the “Initial Notes”), and interest on this Note at (ii) if and when issued, an unlimited principal amount of additional 4.375% Senior Notes due 2024 that may be issued from time to time, under the timesIndenture, placesubsequent to June 4, 2014 (the “Additional Notes” and, together with the Initial Notes, the “Notes”). The Initial Notes and rate, and in the coin or currency, herein prescribedAdditional Notes shall be considered collectively as a single Series of Securities for all purposes of the Indenture.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") , dated as of June 24April 27, 19972011 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture among the Issuer, the Guarantors and all indentures supplemental thereto reference is hereby made for a statement The Bank of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the New York Mellon Trust Company, N.A. (the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Trustee”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are senior unsecured obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 6.375% Senior Notes, which is absolute and unconditionalSeries A, due 2019 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $500,000,000 principal amount of the Issuer’s 6.375% Senior Notes, Series A, due 2019 issued under the Indenture on April 27, 2011 (the “Initial Notes”), (ii) if and when issued, additional 6.375% Senior Notes, Series A, due 2019 or currency6.375% Senior Notes, Series B, due 2019 of the Issuer that may be issued from time to time under the Indenture subsequent to April 27, 2011 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture and (iii) if and when issued, the Issuer’s 6.375% Senior Notes, Series B, due 2019 that may be issued from time to time under the Indenture in exchange for Initial Notes or Additional Notes in an offer registered under the Securities Act as provided in the Registration Rights Agreement (herein prescribedcalled “Exchange Notes”). The Initial Notes, the Additional Notes and the Exchange Notes shall be considered collectively as a single class for all purposes of the Indenture. The Indenture imposes certain limitations on the incurrence of indebtedness and issuance of disqualified stock and preferred stock, the making of restricted payments, the sale of assets and subsidiary stock, the incurrence of certain liens, entering into transactions with affiliates, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries. Upon the occurrence of an Investment Grade Rating Event, certain covenants will no longer be in effect.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24August 16, 19972021, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Guarantors and the Holders of the Notes, and of Trustee (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 4.875% Senior Notes due 2029 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $750,000,000 principal amount of the Issuer’s 4.875% Senior Notes due 2029 issued under the Indenture on August 16, 2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to August 16, 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax or currencysecurities law purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, herein prescribedthe making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Carvana Co.)
Indenture. This Note is one of a duly authorized issue of Notes of the Company Issuer designated as its 13 the 11 1/2% Senior Notes due 20042009, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount to $150,000,000210,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24May 18, 19971999, by and between among the Company Issuer and First Chase Manhattan Trust Company, National Association, as trustee (herein called the "Trustee," which Trustee,"which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued below),issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes, the Private Exchange Notes and the Unrestricted Exchange Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbbSection 77aaa-77bbb) (the "TIA"), as in effect on the date of this the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the CompanyIssuer, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") , dated as of June 24December 6, 19972011 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture among the Issuer, the Guarantors and all indentures supplemental thereto reference is hereby made for a statement The Bank of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the New York Mellon Trust Company, N.A. (the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Trustee”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are senior unsecured obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 7.125% Senior Notes, which is absolute and unconditionalSeries A, due 2021 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $182,060,000 principal amount of the Issuer’s 7.125% Senior Notes, Series A, due 2021 issued under the Indenture on December 6, 2011 (the “Initial Notes”) and (ii) if and when issued, additional 7.125% Senior Notes, Series A, due 2021 or currency7.125% Senior Notes, herein prescribedSeries B, due 2021 of the Issuer that may be issued from time to time under the Indenture subsequent to December 6, 2011 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture. The Indenture imposes certain limitations on the incurrence of secured indebtedness and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Supplemental Indenture (Superior Energy Services Inc)
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A B (herein called the "Initial Unrestricted Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Trustee, and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to belowNotes), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb77aaa-77bbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Indenture (Verio Inc)
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24July 17, 19972012 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuers, the Trustee Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein The Notes are senior obligations of the Issuers. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 13.375% Senior Subordinated Notes due 2019 referred to this in the Indenture. The Notes include (i) $725,000,000 principal amount of the Issuers’ 13.375% Senior Subordinated Notes due 2019 issued under the Indenture on July 17, 2012 (the “Initial Notes”), (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to July 17, 2012 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture and no provisions of this Note (iii) if and when issued, the Issuers’ 13.375% Senior Subordinated Notes due 2019 that may be issued from time to time under the Indenture in exchange for Initial Notes or of this Indenture Additional Notes in an offer registered under the Securities Act as provided in the Registration Rights Agreement (herein called “Exchange Notes”). The Initial Notes, the Additional Notes and the Exchange Notes shall alter or impair the obligation be considered collectively as a single class for all purposes of the CompanyIndenture. The Indenture imposes certain limitations on the incurrence of indebtedness, which is absolute the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and unconditional, the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to pay the principal of, premium, if any, provision of financial information and interest on this Note at the times, place, and rate, and in provision of guarantees of the coin or currency, herein prescribedNotes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24September 25, 1997, by and between 2002 (the Company and First Trust National Association“Original Indenture”), as trustee supplemented by the Fifteenth Supplemental Indenture dated as of April 20, 2009 (herein called the "Trustee," which term includes any successor Trustee under this “Supplemental Indenture)” and, to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of together with the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyOriginal Indenture, the Trustee “Indenture”) among the Issuers and the Holders of Trustee and, with respect to the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial NotesSupplemental Indenture, the Private Exchange Notes and subsidiary guarantors signatory thereto (the Unrestricted Notes (including the Exchange Notes referred to below“Subsidiary Guarantors”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 1939, as amended (15 U.S.C. Sections U.S. Code §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are joint and several obligations of the CompanyIssuers initially in aggregate principal amount of $350 million. The Issuers may issue an unlimited aggregate principal amount of Additional Notes under the Indenture. Any such Additional Notes that are actually issued shall be treated as issued and outstanding Notes (and as the same series (with identical terms other than with respect to the issue date, which is absolute the date of first payment of interest, if applicable, and unconditionalthe payment of interest accruing prior to the issue date) as the initial Notes) for all purposes of the Indenture, including waivers, amendments, redemptions and offers to pay purchase. To secure the due and punctual payment of the principal of, premium, if any, and interest on this the Notes and all other amounts payable by the Issuers under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed the Note at Obligations under the times, place, Indenture and rate, and in the coin or currency, herein prescribedNotes on a senior basis pursuant to the terms of the Indenture.
Appears in 1 contract
Sources: Fifteenth Supplemental Indenture (Plains All American Pipeline Lp)
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 10 1/2% Senior Subordinated Notes due 2004, 2009 Series A B (herein called the "Initial Unrestricted Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount to $150,000,000175,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24May 17, 19971999, by and between among the Company Company, each of the Guarantors named in the Indenture, as guarantors (herein called the "Guarantors"), and First State Street Bank and Trust National AssociationCompany, as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Trustee, the Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes Securities and the Unrestricted Notes (including the Exchange Notes referred to belowNotes), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes Notes, the Private Exchange Securities and the Unrestricted Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the CompanyCompany or any Guarantor, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Indenture (Best Built Inc)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24May 12, 19972022, by and between among the Company and First Trust National AssociationIssuer, as trustee Frontier Video Services Inc. (herein called the "Trustee," which term includes any successor Trustee under this Indenture“Grantor”), the Guarantors party thereto from time to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companytime, the Trustee and the Holders of the Notes, and of Collateral Agent (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 8.750% First Lien Secured Notes due 2030 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $1,200,000,000 principal amount of the Issuer’s 8.750% First Lien Secured Notes due 2030 issued under the Indenture on May 12, 2022 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to May 12, 2022 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that if any Additional Notes are not part of the same issue as the Notes offered hereby under the Indenture for United States federal income tax purposes or currencyif the Issuer otherwise determines that any Additional Notes should be differentiated from any other Notes, herein prescribedsuch Additional Notes may have a separate CUSIP number, provided further that, for the avoidance of doubt, such Additional Notes will still constitute a single series with all other Notes issued under the Indenture for all other (i.e., non-income tax) purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24April 30, 19972015 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee guarantors named therein and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 11.00% Senior Notes due 2023 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $360,000,000 principal amount of the Issuer’s 11.00% Senior Notes due 2023 issued under the Indenture on April 30, herein prescribed2015 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to April 30, 2015 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24February 3, 19972022, by among the Issuer, the Guarantors named therein and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), from time to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companytime party thereto, the Trustee and the Holders of the Notes, and of Notes Collateral Agent (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 4.375% Senior Secured Notes due 2030 referred to in the Indenture. The Notes include (i) $400,000,000 principal amount of the Issuer’s 4.375% Senior Secured Notes due 2030 issued under the Indenture on February 3, which is absolute 2022 (the “Initial Notes”) and unconditional(ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to February 3, 2022 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes, to pay the principal ofmaximum extent possible, premiumshall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes or if the Company otherwise determines that any Additional Notes should be differentiated from the Initial Notes. The Additional Notes can be issued without the consent of any Holder, if any, and interest on this Note at the times, place, and rate, and subject to compliance with any covenants set forth in the coin or currencyIndenture. The Indenture imposes certain limitations on the incurrence of indebtedness, herein prescribedthe making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, permitted activities of the Issuer, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of Notes of the Company Issuers, designated as its 13 1/2their 4.500% Senior Notes due 2004, Series A 2023 (herein called the "Initial “Notes",” which expression includes any further notes issued pursuant to Section 2.04 of the Twenty-Third Supplemental Indenture (as hereinafter defined) and forming a single Series therewith). The Notes are limited (except as otherwise provided in this Indenture referred , issued and to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture indenture, dated as of May 14, 2014, as amended and supplemented by the fifth supplemental indenture, dated as of September 29, 2014, and the tenth supplemental indenture, dated as of January 26, 2017 (as so amended and supplemented, herein called the "“Original Indenture") ”), as further supplemented by a twenty-third supplemental indenture, dated as of June 24July 2, 19972020 (the “Twenty-Third Supplemental Indenture” and, by together with the Original Indenture, the “Indenture”), among AERCAP IRELAND CAPITAL DAC (formerly known as AerCap Ireland Capital Limited), a designated activity company with limited liability incorporated under the laws of Ireland (the “Irish Issuer”), AERCAP GLOBAL AVIATION TRUST, a statutory trust organized under the laws of Delaware (the “U.S. Issuer” and, together with the Irish Issuer, the “Issuers,” and between each, an “Issuer”), AERCAP HOLDINGS N.V., a public limited liability company organized under the Company laws of the Netherlands (“Holdings”), each of Holdings’ subsidiaries signatory thereto or that becomes a Guarantor pursuant to the terms of the Indenture (the “Subsidiary Guarantors”) and First Trust National AssociationWILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States, as trustee (herein called the "“Trustee," which term includes any successor Trustee under this Indenture”), . Reference is hereby made to which the Indenture and all indentures supplemental thereto reference is hereby made relevant to the Notes for a statement complete description of the respective rights, limitations of rights, dutiesobligations, obligations duties and immunities thereunder of the CompanyTrustee, the Trustee Issuers and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized Capitalized terms used but not defined in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned ascribed to them in this the Indenture. The terms Indenture imposes certain limitations on the ability of Holdings and its Restricted Subsidiaries to create or incur Liens. The Indenture also imposes certain limitations on the ability of the Notes include those stated Holdings and its Restricted Subsidiaries to merge, consolidate or amalgamate with or into any other person or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all of the property of Holdings and its Restricted Subsidiaries in this Indenture any one transaction or series of related transactions. Each Note is subject to, and those made part qualified by, all such terms as set forth in the Indenture, certain of this Indenture by reference which are summarized herein, and each Holder of a Note is referred to the Trust corresponding provisions of the Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a complete statement of such terms. No reference herein to this Indenture To the extent that there is any inconsistency between the summary provisions set forth in the Notes and no the Indenture, the provisions of this Note or of this the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedgovern.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") , dated as of June 24August 17, 19972017 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture among the Issuer, the Guarantors and all indentures supplemental thereto reference is hereby made for a statement The Bank of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the New York Mellon Trust Company, N.A. (the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Trustee”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are senior unsecured obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 7.750% Senior Notes, which is absolute and unconditionalSeries B, due 2024 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $500,000,000 principal amount of the Issuer’s 7.750% Senior Notes, Series A, due 2024 issued under the Indenture on August 17, 2017 (the “Initial Notes”), (ii) if and when issued, additional 7.750% Senior Notes, Series A, due 2024 or currency7.750% Senior Notes, Series B, due 2024 of the Issuer that may be issued from time to time under the Indenture subsequent to August 17, 2017 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture and (iii) if and when issued, the Issuer’s 7.750% Senior Notes, Series B, due 2024 that may be issued from time to time under the Indenture in exchange for Initial Notes or Additional Notes in an offer registered under the Securities Act as provided in the Registration Rights Agreement (herein prescribedcalled “Exchange Notes”). The Initial Notes, the Additional Notes and the Exchange Notes shall be considered collectively as a single class for all purposes of the Indenture. The Indenture imposes certain limitations on the making of restricted payments, the incurrence of certain liens, the making of payments for consents and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. The Issuers issued the Notes under an Indenture dated as of July 16, 2013 (as it may be amended or supplemented from time to time in accordance with the terms thereof, the “Indenture”), among the Issuers, the Subsidiary Guarantors and the Trustee. Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms of the Indenture, and Holders are referred to the Indenture for a statement of those terms. The Notes are general secured senior obligations of the Issuers. The aggregate principal amount of Notes which may be authenticated and delivered under the Indenture is unlimited. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/27.875% Senior Secured Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture 2018 referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include (i) $280,000,000 aggregate principal amount of the Issuers’ 7.875% Senior Secured Notes due 2018 issued under the Indenture on July 16, 2013 (herein called “Initial Notes”) and (ii) if and when issued, additional 7.875% Senior Secured Notes due 2018 of the Private Exchange Notes and Issuers that may be issued from time to time under the Unrestricted Notes Indenture subsequent to July 16, 2013 (including the Exchange Notes referred to belowherein called “Additional Notes”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Additional Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms Indenture imposes, among other things, certain limitations on the Incurrence of Indebtedness by the Issuers and the Restricted Subsidiaries, the payment of dividends and other distributions on the Capital Stock of the Issuers and the Restricted Subsidiaries, the purchase or redemption of Capital Stock of the Issuers and the Restricted Subsidiaries, certain purchases or redemptions of Subordinated Obligations, the sale or transfer of assets and Capital Stock of Subsidiaries, the incurrence of certain Liens, transactions with Affiliates, mergers and consolidations and investments of the Issuers and the Restricted Subsidiaries, provided, however, certain of such limitations shall be suspended if the Notes include those stated in this attain an Investment Grade Rating. In addition, the Indenture limits the ability of the Issuers and those made part of this Indenture by reference the Restricted Subsidiaries to enter into agreements that restrict distributions and dividends from Restricted Subsidiaries and requires the Company to make available SEC information to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (Holders as well as requiring certain Restricted Subsidiaries to guarantee the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, obligations under the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedIndenture.
Appears in 1 contract
Sources: Indenture (Quiksilver Inc)
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/212 3/4% Senior Notes due 20042009, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount to $150,000,000325,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24April 23, 19971999, by and between the Company and First State Street Bank and Trust National AssociationCompany of California, N.A., as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes Notes, including the Exchange Notes, are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections ▇▇.▇▇. 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Indenture. Reference is made hereby to (i) the Indenture dated as of October 4, 2004 (the “Original Indenture”) among Enterprise Products Operating L.P., as issuer (the “Original Issuer”), Enterprise Products Partners L.P., as parent guarantor (the “Parent Guarantor”), and ▇▇▇▇▇ Fargo Bank, National Association, as trustee (the “Trustee”), (ii) the Tenth Supplemental Indenture thereto dated as of June 30, 2007 (the “Tenth Supplemental Indenture”), among the Original Issuer, the Issuer, the Parent Guarantor and the Trustee, providing for the Issuer as the successor issuer and (iii) the Thirty-Second Supplemental Indenture thereto dated as of October 11, 2018 (the “Thirty-Second Supplemental Indenture”), among the Issuer, the Parent Guarantor and the Trustee, providing for the issuance of Debt Securities of the series whose designation appears on the face hereof. The Original Indenture, as amended and supplemented by the Tenth Supplemental Indenture and the Thirty-Second Supplemental Indenture, and as may be further duly amended and supplemented in accordance with the terms thereof, is referred to herein as the “Indenture.” Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Indenture. This Note Security is one of a duly authorized issue of Notes Debt Securities of the Company series designated by the Issuer as its 13 1/2“3.50% Senior Notes due 2004, Series A 2022” (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture such series of Debt Securities being referred to below) in aggregate principal amount herein as the “Securities”), all of which are issued or to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes Securities include those stated in this Indenture the Indenture, and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "“TIA"”), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes The Securities are subject to all such terms, and Holders of Notes Securities are referred to this the Indenture and the TIA for a statement of such termsterms and a description of the rights, limitations of rights, obligations, duties and immunities thereunder of the Trustee, the Issuer, the Parent Guarantor and the Holder hereof. No reference herein If and to this the extent any provision of the Indenture and no limits, qualifies or conflicts with any other provision of the Indenture that is required to be included in the Indenture or is deemed applicable to the Indenture by virtue of the provisions of this Note or of this Indenture the TIA, such required provision shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedcontrol.
Appears in 1 contract
Sources: Supplemental Indenture (Enterprise Products Partners L P)
Indenture. The Issuer issued the New Notes under an Indenture dated as of December 23, 2025 (as amended, modified or supplemented from time to time, the “Indenture”) among the Issuer, Level 3 Parent, the other Guarantors party thereto and the Trustee. The terms of the New Notes include those stated in the Indenture. The New Notes are subject to all such terms, and Holders are referred to the Indenture for a statement of those terms. The New Notes are unsubordinated unsecured obligations of the Issuer. [This New Note is one of a duly authorized issue of the Original Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in the Indenture issued in an aggregate principal amount to of $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered1,250,000,000. The New Notes include the Initial Original Notes and any Additional Notes, ]. [This New Note is one of the Private Exchange Additional Notes issued in addition to the Original Notes in an aggregate principal amount of $1,250,000,000 previously issued under the Indenture. The Original Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Additional Notes are treated as a single class of securities under this the Indenture.] The Indenture imposes certain limitations on the ability of Level 3 Parent, the Issuer and their respective Subsidiaries to, among other things, incur Indebtedness and create and incur Liens. All capitalized terms used in this Note which are defined in this The Indenture also imposes limitations on the ability of Level 3 Parent, the Issuer and their respective Subsidiaries to consolidate or merge with or into any other person or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all of the property of such entities. To guarantee the due and punctual payment of the principal and interest on the New Notes and all other amounts payable by the Issuer under the Indenture and not otherwise defined herein the New Notes when and as the same shall have be due and payable, whether at maturity, by acceleration or otherwise, according to the meanings assigned to them in this Indenture. The terms of the New Notes include those stated in this Indenture and those made part of this Indenture by reference the Indenture, Level 3 Parent has unconditionally guaranteed the New Notes on an unsubordinated basis pursuant to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation terms of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedIndenture.
Appears in 1 contract
Sources: Indenture (Level 3 Parent, LLC)
Indenture. This Note is one of a duly authorized issue of The Partnership issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24May 18, 1997, by and between 2011 (the Company and First Trust National Association“Base Indenture”), as trustee supplemented by the First Supplemental Indenture dated as of May 18, 2011 (herein called the "Trustee," which term includes any successor Trustee under this “Supplemental Indenture)” and, to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of together with the respective rightsBase Indenture, limitations of rights, duties, obligations and immunities thereunder of the Company“Indenture”) among the Partnership, the Trustee and the Holders of subsidiary guarantors signatory thereto (the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Subsidiary Guarantors”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 1939, as amended (15 U.S.C. Sections U.S. Code §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are obligations of the CompanyPartnership initially in aggregate principal amount of $500 million. The Partnership may issue an unlimited aggregate principal amount of Additional Notes under the Indenture. Any such Additional Notes that are actually issued shall be treated as issued and outstanding Notes (and as the same series (with identical terms other than with respect to the issue date, which is absolute the date of first payment of interest, if applicable, and unconditionalthe payment of interest accruing prior to the issue date) as the initial Notes) for all purposes of the Indenture, including waivers, amendments, redemptions and offers to pay purchase. To secure the due and punctual payment of the principal of, premium, if any, and interest on this the Notes and all other amounts payable by the Partnership under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed the Note at Obligations under the times, place, Indenture and rate, and in the coin or currency, herein prescribedNotes on a senior basis pursuant to the terms of the Indenture.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24October 7, 19972021 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of among the Company, the Trustee guarantors named therein and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior unsecured obligations of the Company, which . The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 4.375% Senior Notes due 2029 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $500,000,000 principal amount of the Company’s 4.375% Senior Notes due 2029 issued under the Indenture on October 7, herein prescribed2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to October 7, 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are part of the same issue as the Notes offered hereby with the existing Notes for U.S. federal income Tax purposes. Any issuance of Additional Notes will be subject to Section 3.2 of the Indenture. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of the Note Guarantees by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (RBC Bearings INC)
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June September 24, 19972021, by and between among the Company and First Trust National AssociationIssuers, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyGuarantors party thereto, the Trustee and the Holders of the Notes, and of Collateral Agent (as it may amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair control. The Notes are senior secured obligations of the obligation Issuers and each Guarantor. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 4.375% Senior Secured Notes due 2028 referred to in the Indenture. The Notes include (i) $500,000,000 principal amount of the Issuers’ 4.375% Senior Secured Notes due 2028 issued under the Indenture on September 24, 2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to September 24, 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Indenture (Pactiv Evergreen Inc.)
Indenture. This Note is one of a duly authorized issue of Notes --------- of the Company Holdings designated as its 13 11 1/2% Senior Discount Notes due 2004Due 2008, Series A B (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount at maturity to $150,000,000218,838,000, which may be issued under an indenture (herein called the "Indenture") ), dated as of June 24August 12, 19971998, by between Holdings and between the Company and First Bank of Montreal Trust National AssociationCompany, as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyHoldings, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes, the Private Exchange Notes and the Unrestricted Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the CompanyHoldings, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/210-3/8% Senior Notes due 2004Due 2005, Series A B (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount to $150,000,000175,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24March 25, 19971998, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Indenture (Verio Inc)
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/210% Senior Notes due 20042007, Series A B (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000225,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24October 17, 1997, by and between the Company and First Trust National AssociationThe Chase Manhattan Bank, as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Trustee, and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to belowNotes), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbbSection Section 77aaa-77bbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Indenture (RCN Corp /De/)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the 2018 Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24April 5, 1997, by and between 2013 (the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rightsIssuer, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Holdings and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the 2018 Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "“TIA"), ”) as in effect on the date of this on which the Indenture is qualified under the TIA. Terms defined in the Indenture and not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The 2018 Notes are subject to all such termsterms and provisions of the Indenture, and the Holders of Notes (as defined in the Indenture) are referred to this the Indenture and and, from the date on which the Indenture is qualified under the TIA, the TIA for a statement of such termsterms and provisions; in the event of any conflict between this 2018 Note and the Indenture, the terms of the Indenture shall govern. No reference herein The 2018 Notes are unsecured senior obligations of the Issuer. This 2018 Note is one of the Exchange 2018 Notes referred to this in the Indenture. The 2018 Notes include the Initial 2018 Notes and any Exchange 2018 Notes issued in exchange for Initial 2018 Notes pursuant to the Indenture. Except as otherwise provided in the Indenture, the Initial 2018 Notes and any Exchange 2018 Notes, collectively with the Initial 2021 Notes, any Exchange 2021 Notes, the Initial 2023 Notes and any Exchange 2023 Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain limitations on the ability of the Issuer and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of capital stock of the Issuer and such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates, create or incur Liens and make asset sales. The Indenture also imposes limitations on the ability of the Issuer and any Subsidiary Guarantor to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of its property. To guarantee the due and punctual payment of the principal and interest, on the 2018 Notes and all other amounts payable by the Issuer under the Indenture and no provisions of this Note the 2018 Notes when and as the same shall be due and payable, whether at maturity, by acceleration or of this Indenture shall alter or impair otherwise, according to the obligation terms of the Company2018 Notes and the Indenture, which is absolute the Guarantors have, jointly and unconditionalseverally, to pay unconditionally guaranteed the principal of, premium, if any, and interest Guaranteed Obligations on this Note at an unsecured senior basis on the times, place, and rate, and terms set forth in the coin or currency, herein prescribedIndenture.
Appears in 1 contract
Sources: Indenture (Intelsat S.A.)
Indenture. (a) This Note Resetable MAPS is one of a the duly authorized issue of Notes securities of the Company designated (hereinafter called the "Notes") of the series hereinafter specified, all issued or to be issued under and pursuant to an Indenture, dated as its 13 1/2% of June 1, 1998, as supplemented by the first supplemental Indenture, dated as of June 18, 1998 between the Company and the Trustee (as so supplemented, the "Senior Notes due 2004Indenture"), Series A duly executed and delivered by the Company to Citibank, N.A., as Trustee (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Senior Trustee," which term includes any successor Trustee trustee under this the Senior Indenture), to which Senior Indenture and all indentures supplemental thereto reference is hereby made for a statement description of the respective rights, limitations of rights, dutiesobligations, obligations duties and immunities thereunder of the CompanySenior Trustee, the Trustee Company and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), may be issued in exchange for one or more series, which different series may be issued in various aggregate principal amounts, may mature at different times, may bear interest, if any, at different rates, may be subject to different redemption provisions (if any) and may be subject to different sinking, purchase or analogous funds (if any) and may otherwise vary as provided in the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this This Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms is one of the Notes include those stated in this Indenture and those made part of this Indenture by reference to series designated as the Trust Indenture Act of 1939 Resetable MAndatory Putable/remarketable Securities (15 U.S.C. Sections 77aaa-77bbbb"MAPS(sm)") (the "TIA")due June 30, as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation 2038 of the Company, which series is absolute and unconditionallimited in aggregate principal amount to $75,000,000.
(b) Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The Company shall pay interest on overdue principal and, to pay the principal ofextent lawful, premium, if any, and on overdue installments of interest on this Note at the timesrate per annum borne by this Note. For purposes hereof, placethe term "Business Day" means any day other than a Saturday or Sunday or a day on which banking institutions in The City of New York are required or authorized to close and, and rate, and in the coin or currency, herein prescribedcase of Notes in Reset Mode that are in the Floating Rate Interest Mode that is also a London Business Day. "London Business Day" means any day on which dealings in deposits in U.S. dollars are transacted on the London interbank market.
Appears in 1 contract
Sources: First Supplemental Indenture (Michigan Consolidated Gas Co /Mi/)
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24November 7, 19972025 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of among the Company, the guarantors named therein, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureCollateral Agent. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the Company, which . The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 6.75% Senior Secured Notes due 2032 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $700,000,000 principal amount of the Company’s 6.75% Senior Secured Notes due 2032 issued under the Indenture on November 7, 2025 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to November 7, 2025 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture. Additional Notes will be part of the same issue as the existing Notes under the Indenture for all purposes, including waivers, amendments, redemptions and offers to purchase. If any Additional Notes are not fungible with any other existing Notes for U.S. federal income tax purposes or currencyif the Company otherwise determines that any Additional Notes should be differentiated from the existing Notes, herein prescribedsuch Additional Notes may have a separate CUSIP number; provided that, for the avoidance of doubt, such Additional Notes will still constitute a single series with all other Notes issued under the Indenture for all purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Wayfair Inc.)
Indenture. This Note is one of a duly authorized issue series of Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred Securities issued or to below) in aggregate principal amount to $150,000,000, which may be issued in one or more series under an indenture (herein called the "Indenture") Indenture dated as of June 24November 21, 19972001 (the “Original Indenture”), as supplemented and amended by a First Supplemental Indenture dated as of July 30, 2009 (the “First Supplemental Indenture”), a Third Supplemental Indenture dated as of March 30, 2011 (the “Third Supplemental Indenture”), a Fourth Supplemental Indenture dated as of March 30, 2011 (the “Fourth Supplemental Indenture”) and a Sixth Supplemental Indenture dated as of February 6, 2015 (the “Sixth Supplemental Indenture” and, together with the Original Indenture, the First Supplemental Indenture, the Third Supplemental Indenture and the Fourth Supplemental Indenture, the “Indenture”), by and between the Company and First Trust National AssociationThe Bank of New York Mellon, as trustee Trustee (herein called the "“Trustee," ” which term includes any successor Trustee trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties, obligations duties and immunities thereunder of the Company, the Trustee and the Holders of the NotesHolders, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The This Note is one of the series designated as the “3.850% Senior Notes include due 2045” of the Initial Company initially limited in aggregate principal amount to $600,000,000 (the “Notes”). Such series may be reopened, from time to time, for issuances of an unlimited aggregate principal amount of additional Securities of such series (the “Additional Notes”). Any such Additional Notes shall have the same ranking, interest rate, maturity date and other terms as the Notes, except, if applicable, the Private Exchange Notes issue date, the issue price, the initial Interest Payment Date and corresponding initial Regular Record Date and the Unrestricted initial interest accrual date. Any such Additional Notes, together with the Notes, shall constitute a single series of Securities for all purposes under the Indenture, including voting, waivers, amendments and redemptions; provided, however, that in the event any such Additional Notes (including are not fungible with the Exchange Notes referred to below)for U.S. federal income tax purposes, such nonfungible Additional Notes shall be issued in exchange for with a separate CUSIP number so that they are distinguishable from the Initial Notes Notes. Additional series of Securities may be issued pursuant to the Registration Rights AgreementIndenture. The Initial Notes and the Unrestricted Notes are treated as a single class unsecured senior obligations of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture the Company and not otherwise defined herein shall have rank pari passu with all unsecured and unsubordinated obligations of the meanings assigned to them in this IndentureCompany. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this IndentureAct. Notwithstanding anything to the contrary herein, the The Notes are subject to all such those terms, and Holders of Notes thereof are referred to this the Indenture and the TIA Trust Indenture Act for a statement of such all those terms. No reference herein to this Indenture and no provisions To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note or and the terms of this the Indenture, the terms of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on control. Capitalized terms used but not defined in this Note at have the times, place, and rate, and in respective meanings ascribed to them by the coin or currency, herein prescribedIndenture.
Appears in 1 contract
Sources: Sixth Supplemental Indenture (Northrop Grumman Corp /De/)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") , dated as of June 24December 10, 19972010 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among Citadel Broadcasting Corporation, Wilmington Trust Company (the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee “Trustee”) and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureAgent. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are senior unsecured obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 7.75% Senior Notes, which is absolute and unconditionalSeries B, due 2018 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $400,000,000 principal amount of the Issuer’s 7.75% Senior Notes, Series A, due 2018 issued under the Indenture on December 10, 2010 (the “Initial Notes”), (ii) if and when issued, additional 7.75% Senior Notes, Series A, due 2018 or currency7.75% Senior Notes, Series B, due 2018 of the Issuer that may be issued from time to time under the Indenture subsequent to December 10, 2010 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture and (iii) if and when issued, the Issuer’s 7.75% Senior Notes, Series B, due 2018 that may be issued from time to time under the Indenture in exchange for Initial Notes or Additional Notes in an offer registered under the Securities Act as provided in the Registration Rights Agreement (herein prescribedcalled “Exchange Notes”). The Initial Notes, the Additional Notes and the Exchange Notes shall be considered collectively as a single class for all purposes of the Indenture and the Security Documents. The Indenture imposes certain limitations on the incurrence of indebtedness and issuance of disqualified stock and preferred stock, the making of restricted payments, the sale of assets and subsidiary stock, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one The Notes are, and shall be, issued under an Indenture, dated as of a duly authorized issue September 16, 2013 (the “Indenture”), among Embraer Overseas Limited, Embraer S.A. and The Bank of Notes of New York Mellon, as Trustee, Registrar, Transfer Agent and Principal Paying Agent (the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"“Trustee”). The terms of the Notes are limited (except as otherwise provided include those stated in this Indenture referred the Indenture. The Holders of the Notes shall be entitled to below) in aggregate principal amount to $150,000,000the benefit of, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, bound by and between be deemed to have notice of, all provisions of the Company and First Trust National Association, as trustee (herein called Indenture. Reference is hereby made to the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all supplemental indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations duties and immunities thereunder of the Company, the Guarantor, the Trustee and the Holders of the Notes, Notes and of the terms upon which the Notes Notes, are, and are to be, authenticated and delivered. All terms used in this Note that are defined in the Indenture shall have the meanings assigned to them in the Indenture. Copies of the Indenture and each Global Note shall be available for inspection at the offices of the Trustee and each Paying Agent. The Company may from time to time, without the consent of the Holders of the Notes, create and issue Additional Notes having the same terms and conditions as the Notes in all respects, except for issue date, issue price, the payment of interest accruing prior to the issue date thereof and the first payment of interest thereon after the issue date thereof. Additional Notes issued in this manner shall be consolidated with and shall form a single series with the previously outstanding Notes. The Notes include the Initial NotesNotes issued on the Issue Date, any Additional Notes issued in accordance with Section 2.14 of the Private Indenture and any Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes or Additional Notes pursuant to the Indenture and the Registration Rights Agreement, dated as of September 16, 2013, among the Company, the Guarantor and the Initial Purchasers (the "Registration Rights Agreement"). The Initial Notes, any Additional Notes and the Unrestricted Exchange Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms Indenture imposes certain limitations on the creation of Liens by the Guarantor and the Company and consolidation, merger and certain other transactions involving the Guarantor. In addition, the Indenture requires the maintenance of insurance for the Guarantor and its Subsidiaries, the maintenance of the Notes include those stated in this Indenture existence of the Guarantor and those made part its Subsidiaries, the payment of this Indenture by reference certain taxes and claims and reporting requirements applicable to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedGuarantor.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 2410, 19972019, by and between among the Issuer, the Company and First Trust National Association, the Subsidiary Guarantors named therein and the Trustee (as trustee (herein called it may be further amended or supplemented from time to time in accordance with the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companyterms thereof, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 5.500% Senior Notes due 2027 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $500,000,000 principal amount of the Issuer’s 5.500% Senior Notes due 2027 issued under the Indenture on June 10, herein prescribed2019 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to June 10, 2019 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (GrubHub Inc.)
Indenture. This Note is one of a duly authorized issue of The Issue issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture Indenture dated as of November 13, 2001 (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureCollateral Agent. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections Section Section 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture (the "TIA"). Terms defined in the Indenture and not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such termsterms and provisions. No reference herein The Notes are senior subordinated secured obligations of the Issuer limited to this $50,000,000 in aggregate principal amount at any one time outstanding (subject to Sections 2.09 and 2.10 of the Indenture and no provisions of this subject to interest accrued and added to such principal amount on any Period End Date). This Note or of this Indenture shall alter or impair the obligation is one of the CompanyNotes referred to in the Indenture, which are treated as a single class of securities under the Indenture. Each Holder, by accepting a Note, agrees that the Indebtedness evidenced by the Notes is absolute and unconditionalsubordinated in right of payment, to pay the extent and in the manner provided in Article 12 of the Indenture, to the prior payment in full of the Revolver Obligations and that the subordination is for the benefit of and enforceable by the lenders under such Revolver Obligations. The Notes shall in all respects rank senior to all existing and future Indebtedness of the Issuer other than the Revolver Obligations; and only Indebtedness in relation to the Revolver Obligations shall rank senior to the Notes in accordance with the provisions set forth in the Indenture. The Indenture imposes certain limitations on the ability of the Issuer and its Subsidiaries to, among other things, incur Indebtedness or Liens, issue or sell certain preferred Equity Interests, make certain Investments and other Restricted Payments, make asset dispositions, enter into certain Hedging Arrangements or sale and leaseback transactions and enter into consensual restrictions upon the payment of certain dividends and distributions by the Issuer or its Subsidiaries. The Indenture also imposes limitations on the ability of the Issuer to consolidate or merge with or into any other Person. To guarantee the due and punctual payment of the principal of, premium, if any, and interest on this Note the Notes and all other amounts payable by the Issuer under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, the timesIssuer and the Pledgors and Guarantors have, placeaccording to the terms of the Guarantee Agreement and the other Security Documents, jointly and severally, unconditionally guaranteed the Indenture Obligations on a senior subordinated basis and have pledged, pursuant to the terms of the Security Documents, certain Collateral as security for the Indenture Obligations. The Notes constitute unconditional obligations of the Issuer, secured as set forth in the Security Documents and entitled to benefit from the Guarantees under the conditions, and ratesubject to the limitations, and set forth in the coin or currency, herein prescribedGuarantee Agreement and the other Security Documents. The Indenture Obligations shall be subordinate in right of payment to the Revolver Obligations and senior in right of payment to all other obligations of the Issuer.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/212 1/4% Senior Subordinated Notes due 20042009, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount to $150,000,000100,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24March 30, 19971999, by and between among the Company Company, each of the guarantors named in the Indenture, as guarantors (herein called the "Guarantors"), and First State Street Bank and Trust National AssociationCompany, as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Trustee, the Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes Securities and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes Notes, the Private Exchange Securities and the Unrestricted Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections ss.ss. 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Inde▇▇▇▇▇. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the CompanyCompany or any Guarantor, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Indenture. This Note note is one of a duly authorized issue of Notes Securities of the Company Issuer, designated as its 13 1/2the Issuer’s 4.800% Senior Notes due 20042030 (the “Notes”, Series A which expression includes any Additional Notes issued pursuant to Section 301 of the Base Indenture (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to defined below) in aggregate principal amount to $150,000,000and forming a single series therewith), which may be issued under an indenture (herein called the "Indenture") , dated as of June 24March 14, 1997, by and between 2013 (the Company and First Trust National Association“Base Indenture”), as trustee supplemented by the Tenth Supplemental Indenture thereto dated as of May 12, 2025 (herein called the "Trustee," which term includes any successor Trustee under this “Tenth Supplemental Indenture” and, together with the Base Indenture, the “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of each among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Guarantors party thereto and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture (the “Act”). Terms defined in the Indenture and not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of the Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions In the event of a conflict between any provision of this Note or and the Indenture, the terms of this the Indenture shall alter or impair the obligation govern. The Notes are general senior unsecured obligations of the CompanyIssuer. The Issuer shall be entitled to issue Additional Notes pursuant to Section 301 of the Base Indenture. The Notes issued on the Issue Date and any Additional Notes will be treated as a single class for all purposes under the Indenture; provided, which is absolute and unconditionalhowever, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and that in the coin or currencyevent any Additional Notes are not fungible with the Notes issued on the Issue Date for U.S. federal income tax purposes, herein prescribedsuch nonfungible Additional Notes will be issued with a separate CUSIP number so that they are distinguishable from the Notes issued on the Issue Date.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture Indenture, dated as of March 20, 2013 (herein called the "“Base Indenture"”) (as supplemented by the First Supplemental Indenture dated as of June 2421, 19972013, by the Second Supplemental Indenture dated as of November 6, 2013, the Third Supplemental Indenture dated as of November 15, 2013, the Fourth Supplemental Indenture dated as of March 17, 2014, the Fifth Supplemental Indenture dated as of April 2, 2014, together and between as may be further amended or supplemented from time to time in accordance with the Company and First Trust National Associationterms thereof, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of among the Company, the Trustee Note Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein Each Holder, by accepting a Note, agrees to this be bound by all of the terms and provisions of the Indenture, as amended or supplemented from time to time. The Notes are general unsecured obligations of the Company of which $75,000,000 in aggregate principal amount will be issued on April 2, 2014 as Additional Notes, in addition to the $550,000,000 in aggregate principal amount issued on March 20, 2013 and the $110,000,000 in aggregate principal amount issued on November 15, 2013. Subject to the conditions set forth in the Indenture and no provisions without the consent of this Note the Holders, the Company may issue Additional Notes. All Notes will be treated as a single class of securities under the Indenture. The Indenture imposes certain limitations on, among other things, the ability of the Company and its Restricted Subsidiaries to: Incur Indebtedness, make Restricted Payments, create Liens, make Asset Sales, designate Unrestricted Subsidiaries, enter into transactions with Affiliates, enter into Sale and Leaseback Transactions, or of this Indenture shall alter consolidate or impair the obligation merge or transfer or convey all or substantially all of the Company, which is absolute ’s and unconditional, to pay its Restricted Subsidiaries’ assets. To guarantee the due and punctual payment of the principal of, premium, if any, premium and interest on this the Notes and all other amounts payable by the Company under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Note at Guarantors have unconditionally guaranteed (and each of the timesexisting and future Restricted Subsidiaries that Guarantee or are co-borrowers under or grant Liens to secure the Bank Credit Facility will unconditionally guarantee), placejointly and severally, and rate, and such obligations pursuant to the terms of the Indenture. Each Note Guarantee will be subject to release as provided in the coin Indenture. The obligations of each Note Guarantor in respect of its Note Guarantee will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Note Guarantor and after giving effect to any collections from or currencypayments made by or on behalf of any other Note Guarantor in respect of the obligations of such other Note Guarantor under its Note Guarantee or pursuant to its contribution obligations under this Indenture, herein prescribedresult in the obligations of such Note Guarantor under its Note Guarantee not constituting a fraudulent conveyance, fraudulent transfer or similar illegal transfer under federal or state law or the law of the jurisdiction of formation or incorporation of such Note Guarantor.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24July 17, 19972012 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Issuers and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein The Notes are senior obligations of the Issuers. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 13.375% Senior Subordinated Notes due 2019 referred to this in the Indenture. The Notes include (i) $725,000,000 principal amount of the Issuers’ 13.375% Senior Subordinated Notes due 2019 issued under the Indenture on July 17, 2012 (the “Initial Notes”), (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to July 17, 2012 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture and no provisions of this Note (iii) if and when issued, the Issuers’ 13.375% Senior Subordinated Notes due 2019 that may be issued from time to time under the Indenture in exchange for Initial Notes or of this Indenture Additional Notes in an offer registered under the Securities Act as provided in the Registration Rights Agreement (herein called “Exchange Notes”). The Initial Notes, the Additional Notes and the Exchange Notes shall alter or impair the obligation be considered collectively as a single class for all purposes of the CompanyIndenture. The Indenture imposes certain limitations on the incurrence of indebtedness, which is absolute the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and unconditional, the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to pay the principal of, premium, if any, provision of financial information and interest on this Note at the times, place, and rate, and in provision of guarantees of the coin or currency, herein prescribedNotes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 8-1/2% Senior Subordinated Notes due 20042008, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this the Indenture referred to below) in aggregate principal amount to $150,000,000165,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June April 24, 19971998, by and between among the Company Company, each of the guarantors named in the Indenture, as guarantors (herein called the "Guarantors"), and First U.S. Bank Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Trustee, the Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes Securities and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes Notes, the Private Exchange Securities and the Unrestricted Notes are treated as a single class of securities under this the Indenture. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such terms. No reference herein to this the Indenture and no provisions of this Note or of this the Indenture shall alter or impair the obligation of the CompanyCompany or any Guarantor, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24[•], 19972021, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee and the Holders Collateral Agent[, as supplemented by the Supplemental Indenture dated as of [ ], 202[ ], among the NotesIssuer, the Guarantors named therein, the Trustee and of the Collateral Agent] (as it may be [further] amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture and the TIA, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the [•]% Second Lien Secured Notes due 2029 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $750,000,000 principal amount of the Issuer’s [•]% Second Lien Secured Notes due 2029 issued under the Indenture on [•], 2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to [•], 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that if any Additional Notes are not part of the same issue as the Notes offered hereby under the Indenture for United States federal income tax purposes or currencyif the Company otherwise determines that any Additional Notes should be differentiated from any other Notes, herein prescribedsuch Additional Notes may have a separate CUSIP number, provided further that, for the avoidance of doubt, such Additional Notes will still constitute a single series with all other Notes issued under the Indenture for all other (i.e., non-income tax) purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A B (herein called the "Initial Unrestricted Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Trustee, and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to belowNotes), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbbss.s▇. ▇▇aaa-77bbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Senior Notes Agreement (Verio Inc)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24October 27, 19972021, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Guarantors named therein and the Holders of the Notes, and of Trustee (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 4⅜% Senior Notes due 2029 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $500,000,000 principal amount of the Issuer’s 4⅜% Senior Notes due 2029 issued under the Indenture on October 27, herein prescribed2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to October 27, 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Option Care Health, Inc.)
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Senior Subordinated Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture Indenture dated as of December 10, 1998, as amended or supplemented from time to time (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Issuers and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Senior Subordinated Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 1939, as amended (15 U.S.C. Sections U.S. Code (S)(S) 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Senior Subordinated Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to To the extent any provision of this Indenture and no Senior Subordinated Note conflicts with the express provisions of this Note or the Indenture, the provisions of this the Indenture shall alter or impair the obligation govern and be controlling. The Senior Subordinated Notes are obligations of the CompanyIssuers limited to $200.0 million in aggregate principal amount. Upon completion of the Reorganization, which it is absolute anticipated that (i) the Issuers will be (a) Avalon New England, (b) Avalon Finance and unconditional(c) Avalon Cable of Michigan LLC ("Avalon Michigan LLC"), as successor to pay Avalon Michigan, and (ii) Avalon Michigan will cease to obligated as an Issuer, but will become a guarantor of Avalon Michigan LLC's obligations under the Senior Subordinated Notes. The payment of principal of, and premium, if any, and interest on this Note at the times, placeon, and rateother Obligations evidenced by, and the Senior Subordinated Notes will be subordinated in right of payment, as set forth in the coin Indenture, to the prior payment in full of all Senior Indebtedness whether outstanding on the date of the Indenture or currencythereafter incurred. Each Holder of this Senior Subordinated Note, herein prescribedby accepting the same, (i) agrees to such provisions, (ii) authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in the Indenture and (iii) appoints the Trustee to act as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Sources: Indenture (Avalon Cable Finance Inc)
Indenture. This Note is one of a duly authorized issue of Notes of The Company issued the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued Securities under an indenture (herein called the "Indenture") Indenture dated as of June 24December 18, 19972003 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and the “Indenture”), between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes Securities include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture (the “Act”). Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the Notes The Securities are subject to all such terms, and Holders of Notes Securityholders are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein The aggregate principal amount of Securities that may be authenticated and delivered under the Indenture is unlimited. This Security is one of the 8½% Senior Notes due 2013 referred to this Indenture and no provisions of this Note or of this Indenture shall alter or impair in the obligation Indenture. The Securities include (i) $580,000,000 aggregate principal amount of the Company’s 8½% Senior Notes due 2013 issued under the Indenture on December 18, which is absolute 2003 (herein called “Initial Securities”), (ii) if and unconditionalwhen issued, additional 8½% Senior Notes due 2013 of the Company that may be issued from time to pay time under the principal ofIndenture subsequent to December 18, 2003 (herein called “Additional Securities”) and (iii) if and when issued, the Company’s 8½% Senior Notes due 2013 that may be issued from time to time under the Indenture in exchange for Initial Securities or Additional Securities in an offer registered under the Securities Act as provided in the applicable Registration Rights Agreement. The Initial Securities, Additional Securities and Exchange Securities are treated as a single class of securities under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest on this Note the Securities and all other amounts payable by the Company under the Indenture and the Securities when and as the same shall be due and payable, whether at Stated Maturity, by acceleration or otherwise, according to the timesterms of the Securities and the Indenture, placethe Subsidiary Guarantors unconditionally guarantee, jointly and rateseverally, and in such obligations on a senior basis pursuant to the coin or currency, herein prescribedterms of the Indenture.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this pursuant to an Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24April 28, 1997, by and between 2013 (the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Base Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of ”) among the Company, the Trustee Guarantors and the Holders Trustee, as amended and supplemented with respect to the Notes by the Twenty-Fifth Supplemental Indenture dated as of March 16, 2017 (the “Twenty-Fifth Supplemental Indenture”; the Base Indenture, as supplemented by the Eleventh Supplemental Indenture, dated as of May 1, 2013 by and among the Company, the guarantors party thereto and the Trustee, the Sixteenth Supplemental Indenture, dated as of August 11, 2014 by and among the Company, the guarantors party thereto and the Trustee, the Nineteenth Supplemental Indenture, dated as of September 28, 2015, by and among the Company, the guarantors party thereto and the Trustee, and the Twenty-Second Supplemental Indenture, dated as of August 30, 2016, by and among the Company, the guarantors party thereto and the Trustee, and as amended and supplemented in respect of the Notes, and of Notes by the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial NotesTwenty-Fifth Supplemental Indenture, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and and, to the extent so included in the Indenture, to the TIA for a statement of such terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are unsecured, unsubordinated obligations of the Company, which is absolute and unconditional, to pay . The Indenture does not limit the aggregate principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedamount of Notes that may be issued thereunder.
Appears in 1 contract
Indenture. The Issuer issued the Series B Second Lien Notes under an Indenture, dated as of October 6, 2010 (the “Existing Indenture”), among the Issuer, the Guarantors named therein and the Trustee, as supplemented by the First Supplemental Indenture, dated as of October 20, 2010, among the Issuer, the Guarantors named therein and the Trustee, the Second Supplemental Indenture, dated as of November 15, 2010, among the Issuer, the Guarantors named therein and the Trustee (the Existing Indenture as supplemented, the “Indenture”). This Series B Second Lien Note is one of a duly authorized issue of Notes notes of the Company Issuer designated as its 13 1/215% Senior Secured Second Lien Notes due 20042021, Series A (herein called B. The Issuer shall be entitled to issue Additional Series B Second Lien Notes pursuant to Sections 2.01, 4.09 and 4.12 of the "Initial Notes")Indenture. The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Second Lien Notes (including the any Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes therefor) and the Unrestricted Series B Second Lien Notes (including any Exchange Notes issued in exchange therefor) (collectively referred to herein as the “Notes”) are separate series of Notes, but shall be treated as a single class of securities under this the Indenture, unless otherwise specified in the Indenture. All capitalized terms used in this Note which are defined in this Indenture In addition, the Notes will be treated along with certain other Pari Passu Secured Indebtedness of the Issuer as a single class for amendments and not otherwise defined herein shall have the meanings assigned to them in this Indenturewaivers and for taking certain other actions. The terms of the Series B Second Lien Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "TIA"“Trust Indenture Act”), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Series B Second Lien Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to To the extent any provision of this Indenture and no Series B Second Lien Note conflicts with the express provisions of this Note or the Indenture, the provisions of this the Indenture shall alter or impair the obligation of the Company, which is absolute govern and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedbe controlling.
Appears in 1 contract
Sources: Second Supplemental Indenture (Energy Future Competitive Holdings CO)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") , dated as of June 24March 20, 19972025, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Guarantors party thereto from time to time and the Holders of the Notes, and of Trustee (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are unsecured, unsubordinated obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 6.50% Senior Notes due 2033 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $450,000,000 principal amount of the Issuer’s 6.50% Senior Notes due 2033 issued under the Indenture on March 20, 2025 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to March 20, 2025 (the “Additional Notes”) as provided in Section 2.01(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture, including with respect to waivers, amendments, redemptions and offers to purchase; provided that any Additional Notes will not be issued with the same CUSIP, ISIN or currencyother identifying number as the Initial Notes if such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes or if the Issuer otherwise determines that any such Additional Notes should be differentiated from the Initial Notes. The Indenture imposes certain limitations on the incurrence of indebtedness, herein prescribedthe making of restricted payments, the sale of assets, the incurrence of certain liens, the entering into of agreements that restrict distribution from guarantors and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information to the Trustee and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Insulet Corp)
Indenture. This Note is one of a duly authorized issue of Notes securities of the Company designated as its 13 1/2“3.750% Senior Notes due 2004, Series A 2029” (herein called the "Initial “Notes"”). The Notes are limited , issued under a Second Supplemental Indenture, dated as of [--], 2020 (except the “Second Supplemental Indenture”), to an indenture, dated as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000of July 1, which 2019 (as it may be issued under an indenture amended or supplemented from time to time in accordance with the terms thereof, the “Base Indenture”) as amended by the First Supplemental Indenture, dated as of July 1, 2019 (the “First Supplemental Indenture” and together with the Base Indenture and the Second Supplemental Indenture, the “Indenture”), among the Company, the Guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "“Trustee," ” which term includes any successor Trustee trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations duties and immunities thereunder of the Company, the Guarantors, the Trustee and the Holders of the Notes, Notes and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for aggregate principal amount of the Initial Notes Outstanding at any time may not exceed $500,000,000 in aggregate principal amount, except for, or in lieu of, other Notes of the series pursuant to Sections 304, 305, 306, 906 or 1107 of the Registration Rights AgreementBase Indenture and except for any Notes which, pursuant to Section 303 of the Base Indenture, are deemed never to have been authenticated and delivered. The Initial Indenture pursuant to which this Note is issued provides that Additional Notes and the Unrestricted Notes are treated as a single class of securities under this Indenturemay be issued thereunder. All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms In the event of a conflict or inconsistency between this Note and the Indenture, the provisions of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedgovern.
Appears in 1 contract
Indenture. This Note is one the sole note of a duly an authorized issue of Notes notes of the Company designated Company, as its 13 1/2% Senior Notes due 2004, Series A (provided in the Indenture mentioned below and is herein called the "Initial Series J Note," of the series designated "Revolving Credit Notes"). The Notes are , Series J, Final Maturity June 30, 1997," limited (except as otherwise provided in this Indenture referred to below) $30,000,000 in aggregate principal amount outstanding, all issued and to $150,000,000, which may be issued under and equally and ratably secured by an indenture Indenture of Mortgage, Deed of Trust, Assignment and Security Agreement dated as of September 1, 1976, among the Company, the New Orleans Bank for Cooperatives (now the National Bank for Cooperatives), ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, as trustee under certain deeds of trust, and Deposit Guaranty National Bank, as Trustee (said indenture, together with all indentures supplemental thereto, being herein called the "Indenture") dated as of June 24, 1997, by " and between the Company and First Trust National Association, said corporate trustee or its successor as trustee (being herein called the "Trustee," which term includes any successor Trustee under this Indenture"), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement description of the respective rightsproperty mortgaged and pledged, the nature and extent of the security, the rights and remedies and limitations of rights, duties, obligations said rights and immunities thereunder remedies of the Company, the Trustee and the Holders holders of the NotesSeries J Note, and of the rights, powers, duties and immunities of the Trustee thereunder, and of the rights and obligations of the Company thereunder, and the terms and conditions upon which the Notes areSeries J Note is, and are to will be, authenticated issued and deliveredsecured. This Note is entitled to the benefits of the Indenture. By accepting this Note, each holder agrees to be bound by and subject to the provisions of the Indenture. The Indenture contains provisions permitting the Company and the Trustee, with the consent of the holders of not less than fifty-one percent (51%) of the aggregate unpaid principal amount of all Notes include and of not less than fifty-one percent (51%) of the Initial unpaid principal amount of each Series of Notes at the time outstanding except for the Series D, E and F Pollution Control Notes, the Private Exchange Series G Industrial Development Note, and any other Notes and with respect to which the Unrestricted Supplemental Indenture relating to the issuance of such series of Notes provides that such series shall not have the series vote, or, if one or more but not all of the series of Notes then outstanding would be affected by such amendment, modification or alteration, of not less than fifty-one percent (including 51%) in aggregate unpaid principal amount of the Exchange Notes of each series so affected, evidenced as provided in the Indenture, to execute supplemental indentures adding any provision to, or changing in any manner, or eliminating any of the provisions of, the Indenture; provided however, that without the written consent of the holders of one hundred percent (100%) in aggregate unpaid principal amount of any series of Notes affected thereby at the time outstanding, no such supplemental indenture shall (1) extend the final maturity of any Note of such series or reduce the rate or extend the time of payment of interest thereon, or reduce the amount of the principal thereof, or reduce any premium payable on the prepayment thereof, or reduce the amount required to be paid as a mandatory prepayment of any Note of such series or extend the time within which any such prepayment is to be made or alter the manner in which any note of such series is selected for prepayment, or (2) affect the rights of holders of some of the Notes without similarly affecting the rights of the holders of all of the Notes at the time outstanding, or (3) create any priority with respect to Notes of any series over Notes of any other series, or (4) reduce the aforesaid percentages of the principal amount of the Notes or any series thereof required to approve any such supplemental indenture or reduce the percentage required to effectuate a waiver as referred to below)in the next sentence, issued in exchange for or (5) amend Section 10.02 of the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms Indenture also provides that the holders of not less than fifty-one percent (51%) in aggregate unpaid principal amount of any or each series of Notes at the time outstanding may on behalf of the holders of all Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein series or all series, respectively, waive compliance with or failure to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and comply with certain covenants contained in the coin or currency, herein prescribedIndenture.
Appears in 1 contract
Sources: Supplemental Indenture (Mississippi Chemical Corp /MS/)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 2414, 19972021, by and between among the Company and First Trust National AssociationIssuer, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), Guarantors from time to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companytime party thereto, the Trustee and the Holders of the Notes, and of Collateral Agent (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 6.125% Senior Secured Notes due 2028 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $500,000,000 principal amount of the Issuer’s 6.125% Senior Secured Notes due 2028 issued under the Indenture on June 14, herein prescribed2021 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to June 14, 2021 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (MICROSTRATEGY Inc)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24September 21, 19972018, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Guarantors and the Holders of the Notes, and of Trustee (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 8.875% Senior Notes due 2023 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $350,000,000 principal amount of the Issuer’s 8.875% Senior Notes due 2023 issued under the Indenture on September 21, 2018 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to September 21, 2018 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax or currencySecurities law purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, herein prescribedthe making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Carvana Co.)
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24September 25, 1997, by and between 2002 (the Company and First Trust National Association“Original Indenture”), as trustee supplemented by the Seventeenth Supplemental Indenture dated as of September 4, 2009 (herein called the "Trustee," which term includes any successor Trustee under this “Supplemental Indenture)” and, to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of together with the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyOriginal Indenture, the Trustee “Indenture”) among the Issuers and the Holders of Trustee and, with respect to the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial NotesSupplemental Indenture, the Private Exchange Notes and subsidiary guarantors signatory thereto (the Unrestricted Notes (including the Exchange Notes referred to below“Subsidiary Guarantors”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 1939, as amended (15 U.S.C. Sections U.S. Code §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are joint and several obligations of the CompanyIssuers initially in aggregate principal amount of $500 million. The Issuers may issue an unlimited aggregate principal amount of Additional Notes under the Indenture. Any such Additional Notes that are actually issued shall be treated as issued and outstanding Notes (and as the same series (with identical terms other than with respect to the issue date, which is absolute the date of first payment of interest, if applicable, and unconditionalthe payment of interest accruing prior to the issue date) as the initial Notes) for all purposes of the Indenture, including waivers, amendments, redemptions and offers to pay purchase. To secure the due and punctual payment of the principal of, premium, if any, and interest on this the Notes and all other amounts payable by the Issuers under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed the Note at Obligations under the times, place, Indenture and rate, and in the coin or currency, herein prescribedNotes on a senior basis pursuant to the terms of the Indenture.
Appears in 1 contract
Sources: Supplemental Indenture (Plains All American Pipeline Lp)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24February 8, 19972019, by among the Issuer and between the Company and First Trust National AssociationTrustee, as trustee (herein called supplemented by the "Trustee," which term includes any successor Trustee under this Indenture)First Supplemental Indenture dated as of February 8, to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of 2019, among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Guarantors named therein and the Holders of the Notes, and of Trustee (as it may be further amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 10.250% Senior Notes due 2027 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $750,000,000 principal amount of the Issuer’s 10.250% Senior Notes due 2027 issued under the Indenture on February 8, herein prescribed2019 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to February 8, 2019 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one The Issuers issued the Notes under an Indenture dated as of a duly authorized issue of Notes of the Company designated June 29, 2001 (as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which it may be issued under an indenture (herein called amended or supplemented from time to time in accordance with the terms thereof, the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Issuers and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections (s).(s). 77aaa-77bbbb) (the "TIA"), as . Capitalized terms used herein and not defined herein have the meanings ascribed thereto in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of the Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are unsecured senior obligations of the CompanyIssuers limited to $400,000,000 aggregate principal amount at maturity, which is absolute except for Notes authenticated and unconditional, to pay the principal delivered upon registration of transfer of, premiumor in exchange for, if anyor in lieu of, other Notes pursuant to Section 304, 305, 306, 307, 310, 906, 1012, 1013 or 1108 or pursuant to an Exchange Offer or Private Exchange Offer, and, subject to compliance with the covenants contained in this Indenture, including Section 1008 as a new Incurrence of Indebtedness by the Issuers, up to $400,000,000 aggregate principal amount of Addi- tional Notes having substantially identical terms and conditions as the Initial Notes. This Note is one of the Initial2 Notes referred to in the Indenture. The Notes include the Notes and any Exchange Notes or Private Exchange Notes issued in exchange for the Initial Notes or Additional Notes pursuant to the Indenture. The Initial Notes, the Additional Notes, the Exchange Notes and the Private Exchange Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain limitations on the Incurrence of Indebtedness by the Issuers, and interest on this Note at the timesIssuers' Restricted Subsidiaries, placethe payment of dividends on, and ratethe purchase or redemption of Equity Interests of Mediacom Broadband LLC and its Restricted Subsidiaries, the sale or transfer of assets, investments of Mediacom Broadband LLC and in its Restricted Subsidiaries and transactions with Affiliates. In addition, the coin or currency, herein prescribedIndenture limits the ability of Mediacom Broadband LLC and its Restricted Subsidiaries to restrict distributions and dividends from Restricted Subsidiaries.
Appears in 1 contract
Sources: Indenture (Mediacom Broadband Corp)
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24May 8, 19972025 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of among the Company, the Trustee guarantors named therein and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior unsecured obligations of the Company, which . The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 6.750% Senior Notes due 2035 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $750,000,000 aggregate principal amount of the Company’s 6.750% Senior Notes due 2035 issued under the Indenture on May 8, herein prescribed2025 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent May 8, 2025 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24November 25, 19972020, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee and the Holders Collateral Agent[, as supplemented by the Supplemental Indenture dated as of [ ], 202[ ], among the NotesIssuer, the Guarantors named therein, the Trustee and of the Collateral Agent] (as it may be [further] amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 5.000% First Lien Secured Notes due 2028 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $1,550,000,000 principal amount of the Issuer’s 5.000% First Lien Secured Notes due 2028 issued under the Indenture on November 25, 2020 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to November 25, 2020 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that if any Additional Notes are not part of the same issue as the Notes offered hereby under the Indenture for United States federal income tax purposes or currencyif the Company otherwise determines that any Additional Notes should be differentiated from any other Notes, herein prescribedsuch Additional Notes may have a separate CUSIP number, provided further that, for the avoidance of doubt, such Additional Notes will still constitute a single series with all other Notes issued under the Indenture for all other (i.e., non-income tax) purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of Notes of The Issuer issued the Company designated as its 13 1/2% Definitive Registered Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") , dated as of June 24May 19, 19972003 (the "INDENTURE"), by among the Issuer, the Initial Guarantors named therein and between the Law Debenture Trust Company and First Trust National Associationof New York, as trustee Trustee (herein called the "Trustee," which term includes any successor Trustee under this IndentureTRUSTEE"), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations duties and immunities thereunder of the CompanyTrustee, the Trustee Issuer, the Guarantors and the Holders Holder of the Notesthis Definitive Registered Senior Note, and of the terms upon which the Notes arethis Definitive Registered Senior Note is, and are is to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Definitive Registered Senior Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections USC. ▇▇.▇▇. 77aaa-77bbbb) as in force at the date as of which this instrument was executed (the "TIA")TRUST INDENTURE ACT" which term shall, as in effect on the date event the Trust Indenture Act of this Indenture. Notwithstanding anything 1939 is amended after such date, mean, to the contrary hereinextent required by any such amendment, the US Trust Indenture Act of 1939 as so amended). The Definitive Registered Senior Notes are subject to to, and qualified by, all such terms, certain of which are summarized below, and Holders the Holder of Notes are this Definitive Registered Senior Note is referred to this the Indenture and the TIA Trust Indenture Act for a more complete statement of such those terms. Terms defined in the Indenture and not defined herein have the meanings ascribed thereto in the Indenture. This Definitive Registered Senior Note is a direct, secured and unsubordinated obligation of the Issuer and is one of a duly authorized issue of securities of the Issuer limited in aggregate principal amount to U.S.$717,139,584 (seven hundred seventeen million, one hundred thirty-nine thousand, five hundred and eighty-four United States dollars). No reference herein to this the Indenture and no provisions provision of this Definitive Registered Senior Note or of this the Indenture shall alter or impair the obligation of the CompanyIssuer, which is absolute and unconditional, to pay the principal of, premium, if any, and interest and Additional Amounts, if any, on this Definitive Registered Senior Note when due at the times, place, place and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Indenture (Marconi Corp PLC)
Indenture. Reference is made hereby to (i) the Indenture dated as of October 4, 2004 (the “Original Indenture”) among Enterprise Products Operating L.P., as issuer (the “Original Issuer”), Enterprise Products Partners L.P., as parent guarantor (the “Parent Guarantor”), and ▇▇▇▇▇ Fargo Bank, National Association, as trustee (the “Trustee”), (ii) the Tenth Supplemental Indenture thereto dated as of June 30, 2007 (the “Tenth Supplemental Indenture”), among the Original Issuer, the Issuer, the Parent Guarantor and the Trustee, providing for the Issuer as the successor issuer and (iii) the Thirtieth Supplemental Indenture thereto dated as of February 15, 2018 (the “Thirtieth Supplemental Indenture”), among the Issuer, the Parent Guarantor and the Trustee, providing for the issuance of Debt Securities of the series whose designation appears on the face hereof. The Original Indenture, as amended and supplemented by the Tenth Supplemental Indenture and the Thirtieth Supplemental Indenture, and as may be further duly amended and supplemented in accordance with the terms thereof, is referred to herein as the “Indenture.” Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Indenture. This Note Security is one of a duly authorized issue of Notes Debt Securities of the Company series designated by the Issuer as its 13 1/2“2.800% Senior Notes due 2004, Series A 2021” (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture such series of Debt Securities being referred to below) in aggregate principal amount herein as the “Securities”), all of which are issued or to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes Securities include those stated in this Indenture the Indenture, and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "“TIA"”), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes The Securities are subject to all such terms, and Holders of Notes Securities are referred to this the Indenture and the TIA for a statement of such termsterms and a description of the rights, limitations of rights, obligations, duties and immunities thereunder of the Trustee, the Issuer, the Parent Guarantor and the Holder hereof. No reference herein If and to this the extent any provision of the Indenture and no limits, qualifies or conflicts with any other provision of the Indenture that is required to be included in the Indenture or is deemed applicable to the Indenture by virtue of the provisions of this Note or of this Indenture the TIA, such required provision shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedcontrol.
Appears in 1 contract
Sources: Supplemental Indenture (Enterprise Products Partners L P)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24January 4, 19972021 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Subsidiary Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture (the “Act”). Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes Noteholders are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are senior obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 8.375% Senior Notes due 2026 referred to in the Indenture. The Notes include (i) $500,000,000 aggregate principal amount of Notes issued under the Indenture on January 4, which is absolute 2021 (herein called “Initial Notes”) and unconditional(ii) if and when issued, Additional Notes as provided in the Indenture. The Initial Notes and Additional Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets and subsidiary stock, the incurrence of certain liens, the entering into of affiliate transactions, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to pay the principal ofprovision of financial information and the provision of guarantees of the Notes by certain subsidiaries. To guarantee the due and punctual payment of the principal, premium, if any, and interest (including post-filing or post-petition interest) on this Note the Notes and all other amounts payable by the Issuer under the Indenture and the Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the timesterms of the Notes and the Indenture, placethe Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, will unconditionally Guarantee), jointly and rateseverally, and in such obligations on a senior basis pursuant to the coin or currency, herein prescribedterms of the Indenture.
Appears in 1 contract
Sources: Indenture (ANTERO RESOURCES Corp)
Indenture. This Note is one of a duly authorized issue series of Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred Securities issued or to below) in aggregate principal amount to $150,000,000, which may be issued in one or more series under an indenture (herein called the "Indenture") Indenture dated as of June 24November 21, 19972001 (the “Original Indenture”), as supplemented and amended by a First Supplemental Indenture dated as of July 30, 2009 (the “First Supplemental Indenture”), a Third Supplemental Indenture dated as of March 30, 2011 (the “Third Supplemental Indenture”), a Fourth Supplemental Indenture dated as of March 30, 2011 (the “Fourth Supplemental Indenture”), and a Ninth Supplemental Indenture dated as of March 23, 2020 (the “Ninth Supplemental Indenture” and, together with the Original Indenture, the First Supplemental Indenture, the Third Supplemental Indenture and the Fourth Supplemental Indenture, the “Indenture”), by and between the Company and First Trust National AssociationThe Bank of New York Mellon, as trustee Trustee (herein called the "“Trustee," ” which term includes any successor Trustee trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties, obligations duties and immunities thereunder of the Company, the Trustee and the Holders of the NotesHolders, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The This Note is one of the series designated as the “5.150% Senior Notes include due 2040” of the Initial Company initially limited in aggregate principal amount to $500,000,000 (the “Notes”). Such series may be reopened, from time to time, for issuances of an unlimited aggregate principal amount of additional Securities of such series (the “Additional Notes”). Any such Additional Notes shall have the same ranking, interest rate, maturity date and other terms as the Notes, except, if applicable, the Private Exchange Notes issue date, the issue price, the initial Interest Payment Date and corresponding initial Regular Record Date and the Unrestricted initial interest accrual date. Any such Additional Notes, together with the Notes, shall constitute a single series of Securities for all purposes under the Indenture, including voting, waivers, amendments and redemptions; provided, however, that in the event any such Additional Notes (including are not fungible with the Exchange Notes referred to below)for U.S. federal income tax purposes, such nonfungible Additional Notes shall be issued in exchange for with a separate CUSIP number so that they are distinguishable from the Initial Notes Notes. Additional series of Securities may be issued pursuant to the Registration Rights AgreementIndenture. The Initial Notes and the Unrestricted Notes are treated as a single class unsecured senior obligations of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture the Company and not otherwise defined herein shall have rank pari passu with all unsecured and unsubordinated obligations of the meanings assigned to them in this IndentureCompany. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this IndentureAct. Notwithstanding anything to the contrary herein, the The Notes are subject to all such those terms, and Holders of Notes thereof are referred to this the Indenture and the TIA Trust Indenture Act for a statement of such all those terms. No reference herein to this Indenture and no provisions To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note or and the terms of this the Indenture, the terms of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on control. Capitalized terms used but not defined in this Note at have the times, place, and rate, and in respective meanings ascribed to them by the coin or currency, herein prescribedIndenture.
Appears in 1 contract
Indenture. The Company issued the Notes under an Indenture, dated as of February 3, 1998 (as supplemented by the First Supplemental Indenture dated as of February 3, 1998, the "Indenture"), among the Company, the Subsidiary Guarantor and the Trustee. This Note is one of a duly authorized issue of Exchange Notes of the Company designated as its 13 1/29 7/8% Senior Notes due 20042008, Series B (the "Exchange Notes"). The Notes include the 9 7/8% Notes due 2008, Series A (herein called the "Initial Notes")) and the Exchange Notes, issued in exchange for the Initial Notes pursuant to a Registration Rights Agreement. The Notes are limited (except as otherwise provided in this Indenture referred to belowthe Indenture) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as ; PROVIDED the principal amount of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to issued on the Registration Rights AgreementIssue Date was $90,000,000. The Initial Notes and the Unrestricted Exchange Notes are treated as a single class of securities under this the Indenture. All capitalized Capitalized terms herein are used in this Note which are as defined in this the Indenture and not unless otherwise defined herein shall have the meanings assigned to them in this Indentureherein. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. U.S. Code Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA said Act for a statement of such termsthem. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are general unsecured obligations of the Company. Each Holder, which is absolute by accepting a Note, agrees to be bound by all of the terms and unconditionalprovisions of the Indenture, as the same may be amended from time to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and time in the coin or currency, herein prescribedaccordance with its terms.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24November 5, 19972010 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee among Viking Acquisition Inc. and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are senior unsecured obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 9¼% Senior Notes, which is absolute and unconditionalSeries B, due 2018 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $275,000,000 principal amount of the Issuer’s 9¼% Senior Notes, Series A, due 2018 issued under the Indenture on November 5, 2010 (the “Initial Notes”), (ii) if and when issued, additional 9¼% Senior Notes, Series A, due 2018 or currency9¼% Senior Notes, Series B, due 2018 of the Issuer that may be issued from time to time under the Indenture subsequent to November 5, 2010 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture and (iii) if and when issued, the Issuer’s 9¼% Senior Notes, Series B, due 2018 that may be issued from time to time under the Indenture in exchange for Initial Notes or Additional Notes in an offer registered under the Securities Act as provided in the Registration Rights Agreement (herein prescribedcalled “Exchange Notes”). The Initial Notes, the Additional Notes and the Exchange Notes shall be considered collectively as a single class for all purposes of the Indenture and the Security Documents. The Indenture imposes certain limitations on the incurrence of indebtedness and issuance of disqualified stock and preferred stock, the making of restricted payments, the sale of assets and subsidiary stock, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Armored AutoGroup Inc.)
Indenture. The Issuer issued the Series B Second Lien Notes under an Indenture, dated as of October 6, 2010 (the “Existing Indenture”), among the Issuer, the Guarantors named therein and the Trustee, as supplemented by the First Supplemental Indenture, dated as of October 20, 2010, among the Issuer, the Guarantors named therein and the Trustee (the Existing Indenture as supplemented, the “Indenture”). This Series B Second Lien Note is one of a duly authorized issue of Notes notes of the Company Issuer designated as its 13 1/215% Senior Secured Second Lien Notes due 20042021, Series A (herein called B. The Issuer shall be entitled to issue Additional Series B Second Lien Notes pursuant to Sections 2.01, 4.09 and 4.12 of the "Initial Notes")Indenture. The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Second Lien Notes (including the any Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes therefor) and the Unrestricted Series B Second Lien Notes (including any Exchange Notes issued in exchange therefor) (collectively referred to herein as the “Notes”) are separate series of Notes, but shall be treated as a single class of securities under this the Indenture, unless otherwise specified in the Indenture. All capitalized terms used in this Note which are defined in this Indenture In addition, the Notes will be treated along with certain other Pari Passu Secured Indebtedness of the Issuer as a single class for amendments and not otherwise defined herein shall have the meanings assigned to them in this Indenturewaivers and for taking certain other actions. The terms of the Series B Second Lien Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "TIA"“Trust Indenture Act”), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Series B Second Lien Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to To the extent any provision of this Indenture and no Series B Second Lien Note conflicts with the express provisions of this Note or the Indenture, the provisions of this the Indenture shall alter or impair the obligation of the Company, which is absolute govern and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedbe controlling.
Appears in 1 contract
Sources: First Supplemental Indenture (Energy Future Competitive Holdings CO)
Indenture. The Company issued the Notes under a Dollar Indenture, dated as of September 30, 2002 (the "Indenture"), among the Company, the Subsidiary Guarantor, Deutsche Bank Trust Company Americas (the "Trustee"), and Deutsche Bank Luxembourg S.A., as Paying Agent and transfer agent. This Note is one of a duly authorized issue of Notes (as defined in the Indenture) of the Company designated as its 13 1/29-5/8% Senior Notes due 2004, Series A 2012 (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. U.S. Code Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such termsthem. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are general obligations of the Company, which is absolute . The Notes are not limited in aggregate principal amount and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and Additional Notes (as defined in the coin or currencyIndenture) may be issued from time to time under the Indenture, herein prescribedin each case subject to the terms of the Indenture; PROVIDED that the aggregate principal amount of Initial Notes that will be issued on the Closing Date will not exceed $545,000,000. Each Holder, by accepting a Note, agrees to be bound by all of the terms and provisions of the Indenture, as the same may be amended from time to time.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the New Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24August 18, 19972025 (as amended, by and between modified or supplemented from time to time, the Company and First Trust National Association“Indenture”) among the Issuer, as trustee (herein called Level 3 Parent, the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companyother Guarantors party thereto, the Trustee and the Holders Collateral Agent. The terms of the NotesNew Notes include those stated in the Indenture. The New Notes are subject to all such terms, and Holders are referred to the Indenture for a statement of those terms. The New Notes are unsubordinated secured obligations of the terms upon which Issuer. [This New Notes is one of the Original Notes are, and are referred to be, authenticated and deliveredin the Indenture issued in an aggregate principal amount of $2,000,000,000. The New Notes include the Initial Original Notes and any Additional Notes, ]. [This New Note is one of the Private Exchange Additional Notes issued in addition to the Original Notes in an aggregate principal amount of $2,000,000,000 previously issued under the Indenture. The Original Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Additional Notes are treated as a single class of securities under this the Indenture.] The Indenture imposes certain limitations on the ability of Level 3 Parent, the Issuer and their respective Subsidiaries to, among other things, incur Indebtedness and create and incur Liens. All capitalized terms used in this Note which are defined in this The Indenture also imposes limitations on the ability of Level 3 Parent, the Issuer and their respective Subsidiaries to consolidate or merge with or into any other person or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all of the property of such entities. To guarantee the due and punctual payment of the principal and interest on the New Notes and all other amounts payable by the Issuer under the Indenture and not otherwise defined herein the New Notes when and as the same shall have be due and payable, whether at maturity, by acceleration or otherwise, according to the meanings assigned to them in this Indenture. The terms of the New Notes include those stated in this Indenture and those made part of this Indenture by reference the Indenture, Level 3 Parent has unconditionally guaranteed the New Notes on an unsubordinated basis pursuant to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation terms of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedIndenture.
Appears in 1 contract
Sources: Indenture (Level 3 Parent, LLC)
Indenture. The Issuer issued the Notes under an Indenture, dated as of September 21, 2005 (the "Indenture"), among TRC Finance, Inc., The Restaurant Company, the Guarantors named therein and the Trustee. This Note is one of a duly authorized issue of Notes notes of the Company Issuer designated as its 13 1/210% Senior Notes due 2004, Series A (herein called the "Initial Notes")2013. The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes including any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for therefor) issued under the Initial Notes pursuant Indenture (collectively referred to herein as the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes "Notes") are separate series of Notes, but shall be treated as a single class of securities under this the Indenture. All capitalized terms used , unless otherwise specified in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) 1939, as amended (the "TIATrust Indenture Act"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA such Act for a statement of such terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are unsecured obligations of the CompanyIssuer. Subject to the conditions set forth in the Indenture, the Issuer may issue Additional Notes. The Notes and any Additional Notes subsequently issued under the Indenture will be treated as a single class for all purposes under the Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase. Interest on the Notes will accrue from the most recent date to which is absolute and unconditional, to pay the principal of, premiuminterest has been paid or, if anyno interest has been paid, and interest on this Note at from the times, place, and rate, and in the coin or currency, herein prescribeddate of original issuance.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24August 25, 19972020, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuers, the Trustee and the Holders Notes Collateral Agent[, as supplemented by the First Supplemental Indenture dated as of [ ], 202[ ], among the NotesIssuers, the Guarantors named therein and of the Trustee] (as it may be [further] amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior secured obligations of the Company, which Issuers. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 7.750 % Senior First Lien Notes due 2028 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $1,400,000,000 principal amount of the Issuer’s 7.750% Senior First Lien Notes due 2028 issued under the Indenture on August 25, herein prescribed2020 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to August 25, 2020 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Windstream Parent, Inc.)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") , dated as of June 24March 31, 19972022, by and between among the Company and First Trust National AssociationIssuer, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), Guarantors party thereto from time to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companytime, the Trustee and the Holders Notes Collateral Agent (as it may be amended or supplemented from time to time in accordance with the terms thereof, the “Indenture”), to be supplemented by the Supplemental Indenture, dated as of the NotesSpin-Off Date, among the Issuer, the Subsidiary Guarantors, the Trustee and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureCollateral Agent. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the CompanyIssuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 6.750% Senior Secured Notes due 2030 referred to in the Indenture. The Notes include (i) $200,000,000 principal amount of the Issuer’s 6.750% Senior Secured Notes due 2030 issued under the Indenture on March 31, 2022 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to March 31, 2022 (the “Additional Notes”) as provided in Section 2.01(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture, including with respect to redemptions and offers to purchase; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes if such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes or if the Issuer otherwise determines that any such Additional Notes should be differentiated from any other Notes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from guarantors and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information to the Trustee and the provision of guarantees of the Notes by certain subsidiaries. The Initial Notes are being issued under the Indenture on the Issue Date by the Issuer to BD, pursuant to the Transaction Documents and the Intercompany Agreement, and immediately thereafter, BD shall become be the sole beneficial holder of the Initial Notes, and on the settlement date of the Exchange (which is absolute expected to occur one Business Day after the Issue Date and unconditionalimmediately following the consummation of the Spin-Off on the Spin-Off Date), pursuant to pay the principal ofExchange Agreement and the Offer Cooperation Agreement, premiumBD intends to transfer beneficial ownership of the Initial Notes to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ in exchange for the BD Notes purchased by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ in the tender offers that were commenced by it on March 16, if any2022, on the terms and subject to the conditions set forth in the Offer to Purchase, and interest on this Note at immediately following the timesconsummation of the Exchange, place(x) BD intends to deliver the BD Notes it receives pursuant to the Exchange to the trustee of the BD Notes for cancellation, and rate(y) ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, as the sole book-running manager thereof, intends to sell the Initial Notes received therefrom to certain third-party investors, pursuant to, and in accordance with, the coin or currency, herein prescribedrestrictions and regulations as set forth in the Indenture and the Offering Memorandum.
Appears in 1 contract
Sources: Indenture (Embecta Corp.)
Indenture. The Issuer issued the Notes under an Indenture dated as of May 21, 2003 (as it may be amended or supplemented from time to time in accordance with the terms thereof, the "INDENTURE"), between the Issuer and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S.C. ss.ss. 77aaa-77bbbb) as in effect on the date of the Indenture (the "T▇▇"). Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all such terms, and Noteholders are referred to the Indenture and the TIA for a statement of those terms. The Notes are unsecured senior obligations of the Issuer and are unlimited in aggregate principal amount, $200,000,000 of which are being offered on the Issue Date and Additional Notes may be issued after the Issue Date, subject to the limitations set forth in Section 4.3 of the Indenture. This Note is one of a duly authorized issue of the Initial Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Notes and any Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Indenture and the Registration Rights AgreementAgreement and the Additional Notes, if any. The Initial Notes, the Private Exchange Notes, the Exchange Notes and the Unrestricted Notes Additional Notes, if any, are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms Indenture imposes certain limitations on the Incurrence of Indebtedness by the Issuer and its Restricted Subsidiaries, the payment of dividends and other distributions on the Capital Stock of the Notes include those stated in this Indenture Issuer and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary hereinits Restricted Subsidiaries, the Notes are subject to all such terms, purchase or redemption of Capital Stock of the Issuer and Holders of Notes are referred to this Indenture and the TIA for a statement Capital Stock of such terms. No reference herein to this Indenture Restricted Subsidiaries, certain purchases or redemptions of Subordinated Obligations, the sale or transfer of assets and no provisions Capital Stock of this Note Restricted Subsidiaries, the issuance or sale of this Indenture shall alter or impair Capital Stock of Restricted Subsidiaries, the obligation investments of the CompanyIssuer and its Subsidiaries and transactions with Affiliates. In addition, which is absolute the Indenture limits the ability of the Issuer and unconditional, its Restricted Subsidiaries to pay the principal of, premium, if any, restrict distributions and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribeddividends from Restricted Subsidiaries.
Appears in 1 contract
Sources: Indenture (Spectrasite Inc)
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this pursuant to an Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") dated as of June 24April 28, 1997, by and between 2013 (the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Base Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of ”) among the Company, the Trustee Guarantors and the Holders Trustee, as amended and supplemented with respect to the Notes by the Twenty-Ninth Supplemental Indenture dated as of May 9, 2017 (the “Twenty-Ninth Supplemental Indenture”; the Base Indenture, as supplemented by the Eleventh Supplemental Indenture, dated as of May 1, 2013 by and among the Company, the guarantors party thereto and the Trustee, the Sixteenth Supplemental Indenture, dated as of August 11, 2014 by and among the Company, the guarantors party thereto and the Trustee, the Nineteenth Supplemental Indenture, dated as of September 28, 2015, by and among the Company, the guarantors party thereto and the Trustee, and the Twenty-Second Supplemental Indenture, dated as of August 30, 2016, by and among the Company, the guarantors party thereto and the Trustee, and as amended and supplemented in respect of the Notes, and of Notes by the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial NotesTwenty-Ninth Supplemental Indenture, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and and, to the extent so included in the Indenture, to the TIA for a statement of such terms. No reference herein to this Indenture and no provisions To the extent any provision of this Note or conflicts with the express provisions of this the Indenture, the provisions of the Indenture shall alter or impair the obligation govern and be controlling. The Notes are unsecured, unsubordinated obligations of the Company, which is absolute and unconditional, to pay . The Indenture does not limit the aggregate principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedamount of Notes that may be issued thereunder.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24April 4, 19972012 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Issuers and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are senior obligations of the Company, which Issuers. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 9.00% Senior Notes due 2019 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $265,000,000 principal amount of the Issuers’ 9.00% Senior Notes due 2019 issued under the Indenture on April 4, herein prescribed2012 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to April 4, 2012 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Townsquare Media, LLC)
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24July 16, 19972013 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuers, the Trustee Subsidiary Guarantors and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on from time to time (the date of this “Act”). Capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are general unsecured senior obligations of the CompanyIssuers. The aggregate principal amount of Notes which may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 10.000% Senior Notes, which is absolute and unconditionalSeries A, due 2020 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin Indenture. The Notes include (i) $225,000,000 aggregate principal amount of the Issuers’ 10.000% Senior Notes, Series A, due 2020 issued under the Indenture on July 16, 2013 (herein called “Initial Notes”), (ii) if and when issued, additional 10.000% Senior Notes, Series A, due 2020 or currency10.000% Senior Notes, Series B, due 2020 of the Issuers that may be issued from time to time under the Indenture subsequent to July 16, 2013 (herein prescribedcalled “Additional Notes”) and (iii) if and when issued, the Issuers’ 10.000% Senior Notes, Series B, due 2020 that may be issued from time to time under the Indenture in exchange for Initial Notes or Additional Notes in an offer registered under the Securities Act as provided in a Registration Rights Agreement. The Initial Notes, Additional Notes and Exchange Notes are treated as a single class of securities under the Indenture. The Indenture imposes, among other things, certain limitations on the Incurrence of Indebtedness by the Issuers and the Restricted Subsidiaries, the payment of dividends and other distributions on the Capital Stock of the Issuers and the Restricted Subsidiaries, the purchase or redemption of Capital Stock of the Issuers and the Restricted Subsidiaries, certain purchases or redemptions of Subordinated Obligations, the sale or transfer of assets and Capital Stock of Subsidiaries, the incurrence of certain Liens, transactions with Affiliates, mergers and consolidations and investments of the Issuers and the Restricted Subsidiaries, provided, however, certain of such limitations shall be suspended if the Notes attain an Investment Grade Rating. In addition, the Indenture limits the ability of the Issuers and the Restricted Subsidiaries to enter into agreements that restrict distributions and dividends from Restricted Subsidiaries and requires the Company to make available SEC information to the Holders as well as requiring certain Restricted Subsidiaries to guarantee the obligations under the Notes and the Indenture.
Appears in 1 contract
Sources: Indenture (Quiksilver Inc)
Indenture. This Note is one of a duly authorized issue of The Issuers issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24December 1, 19972010 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the “Indenture”), among the Issuers, the Subsidiary Guarantors party thereto (the “Subsidiary Guarantors”), Deutsche Bank Trust Company and First Trust National AssociationAmericas, a New York banking corporation, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companyin such capacity, the Trustee “Trustee”) and the Holders of the NotesDeutsche Bank Trust Company Americas, and of the terms upon which the Notes area New York banking corporation, and are to be, authenticated and delivered. The Notes include the Initial Notesas collateral agent (in such capacity, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Collateral Agent”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections §§ 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein The Notes are senior secured obligations of the Issuers. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is unlimited. This Note is one of the 10.50% Senior Secured Notes, Series B, due 2017 referred to this in the Indenture. The Notes include (i) $290,000,000 principal amount of the Issuers’ 10.50% Senior Secured Notes, Series A, due 2017 issued under the Indenture on December 1, 2010 (the “Initial Notes”), (ii) if and when issued in accordance with the terms of the Indenture, additional 10.50% Senior Secured Notes, Series A, due 2017 or 10.50% Senior Secured Notes, Series B, due 2017 of the Issuers that, in each case, may be issued from time to time under the Indenture subsequent to December 1, 2010 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture and no provisions of this Note or of this Indenture shall alter or impair (iii) if and when issued in accordance with the obligation terms of the CompanyIndenture, which is absolute and unconditionalthe Issuers’ 10.50% Senior Secured Notes, Series B, due 2017 that may be issued from time to pay time under the principal of, premium, if any, and interest on this Note at Indenture in exchange for Initial Notes or Additional Notes that are Restricted Notes in an offer registered under the times, place, and rate, and Securities Act as provided in the coin or currencyRegistration Rights Agreement (herein called “Exchange Notes”). The Initial Notes, herein prescribedthe Additional Notes and the Exchange Notes shall be considered collectively as a single class for all purposes of the Indenture and the Security Documents.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Company issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24April 25, 19972023 (as it may be amended or supplemented from time to time in accordance with the terms thereof, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this “Indenture”), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of among the Company, the Trustee Guarantors, the Agent and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 1939, as amended (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenturethe Indenture (the “Act”). Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA Act for a statement of such those terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are senior obligations of the Company, which . The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 6.750% Senior Notes due 2031 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $600,000,000 aggregate principal amount of the Company’s 6.750% Senior Notes due 2031 issued under the Indenture on April 25, herein prescribed2023 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to April 25, 2023 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries, transactions with affiliates and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Churchill Downs Inc)
Indenture. (a) This Note is one of a duly authorized issue of Notes senior debt securities of the Company Issuer (hereinafter called the “NOTES”) of a series designated as its 13 1/2the 6 ¼ % Senior Notes due 2004Due 2013 of the Issuer, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in an aggregate principal amount of $700,000,000, all issued or to $150,000,000, which may be issued under an indenture (herein called and pursuant to the "Indenture") , dated as of June 24May 23, 19972001, as supplemented by the Third Supplemental Indenture, dated as of November 12, 2004 (as so amended and supplemented, the “INDENTURE”), between the Company Issuer and First Trust National AssociationJPMorgan Chase Bank (the “TRUSTEE”, as trustee (herein called the "Trustee," which term includes any successor Trustee trustee under this the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement description of the respective rights, limitations of rights, dutiesobligations, obligations duties and immunities thereunder of the CompanyIssuer, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include Issuer has appointed JPMorgan Chase Bank at its principal corporate trust office in The City of New York as the Initial paying agent (the “PAYING AGENT”, which term includes any additional or successor Paying Agent appointed by the Issuer) with respect to the Notes. To the extent not inconsistent herewith, the terms of the Indenture are hereby incorporated by reference herein.
(b) Other debentures, notes, bonds or other evidences of indebtedness (together with the Notes, hereinafter called the Private Exchange “SECURITIES”) may be issued under the Indenture in one or more series, which different series may vary from the Notes and each other, as in the Unrestricted Notes Indenture provided.
(including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. c) All capitalized terms used in this Note which are defined in this the Indenture and not otherwise defined herein shall have the meanings assigned to them in this the Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Third Supplemental Indenture (Citizens Communications Co)
Indenture. This Note is one The Issuers issued the Notes under an Indenture dated as of a duly authorized issue of Notes of the Company designated January 24, 2001 (as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which it may be issued under an indenture (herein called amended or supplemented from time to time in accordance with the terms thereof, the "Indenture") dated as of June 24, 1997, by and between the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of among the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Company, the Trustee Issuers and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this IndentureTrustee. The terms of the Notes include those stated in this the Indenture and those made part of this the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections (S)(S) 77aaa-77bbbb) (the "TIA"), as . Capitalized terms used herein and not defined herein have the meanings ascribed thereto in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such terms, and Holders of Notes Noteholders are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation The Notes are unsecured senior obligations of the CompanyIssuers limited to $500,000,000 aggregate principal amount at maturity, which is absolute except for Notes authenticated and unconditional, to pay the principal delivered upon registration of transfer of, premiumor in exchange for, if anyor in lieu of, other Notes pursuant to Section 304, 305, 306, 307, 310, 906, 1012, 1013 or 1108 or pursuant to an Exchange Offer or Private Exchange Offer, and, subject to compliance with the covenants contained in this Indenture, including Section 1008 as a new Incurrence of Indebtedness by the Issuers, up to $500,000,000 aggregate principal amount of Additional Notes having substantially identical terms and conditions as the Initial Notes. This Note is one of the [Initial]/1/ Notes referred to in the Indenture. The Notes include the Notes and any Exchange Notes or Private Exchange Notes issued in exchange for the Initial Notes or Additional Notes pursuant to the Indenture. The Initial Notes, the Additional Notes, the Exchange Notes and the Private Exchange Notes are treated as a single class of securities under the Indenture. The Indenture imposes certain limitations on the Incurrence of Indebtedness by the Issuers, and interest on this Note at the timesIssuers' Restricted Subsidiaries, placethe payment of dividends on, and ratethe purchase or redemption of Equity Interests of Mediacom and its Restricted Subsidiaries, the sale or transfer of assets, investments of Mediacom and in its Restricted Subsidiaries and transactions with Affiliates. In addition, the coin or currency, herein prescribedIndenture limits the ability of Mediacom and its Restricted Subsidiaries to restrict distributions and dividends from Restricted Subsidiaries.
Appears in 1 contract
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24August 4, 19972020, by among the Issuer and between the Company and First Trust National Association, Trustee (as trustee (herein called it may amended or supplemented from time to time in accordance with the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the Companyterms thereof, the Trustee and the Holders of the Notes, and of the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notes, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 7.125% Senior Notes due 2028 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $510,000,000 principal amount of the Issuer’s 7.125% Senior Notes due 2028 issued under the Indenture on August 4, herein prescribed2020 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to August 4, 2020 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Indenture. This Note is one The Notes are, and shall be, issued under an Indenture, dated as of a duly authorized issue September 16, 2013 (the “Indenture”), among Embraer Overseas Limited, Embraer S.A. and The Bank of Notes of New York Mellon, as Trustee, Registrar, Transfer Agent and Principal Paying Agent (the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"“Trustee”). The terms of the Notes are limited (except as otherwise provided include those stated in this Indenture referred the Indenture. The Holders of the Notes shall be entitled to below) in aggregate principal amount to $150,000,000the benefit of, which may be issued under an indenture (herein called the "Indenture") dated as of June 24, 1997, bound by and between be deemed to have notice of, all provisions of the Company and First Trust National Association, as trustee (herein called Indenture. Reference is hereby made to the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all supplemental indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations duties and immunities thereunder of the Company, the Guarantor, the Trustee and the Holders of the Notes, Notes and of the terms upon which the Notes Notes, are, and are to be, authenticated and delivered. All terms used in this Note that are defined in the Indenture shall have the meanings assigned to them in the Indenture. Copies of the Indenture and each Global Note shall be available for inspection at the offices of the Trustee and each Paying Agent. The Company may from time to time, without the consent of the Holders of the Notes, create and issue Additional Notes having the same terms and conditions as the Notes in all respects, except for issue date, issue price, the payment of interest accruing prior to the issue date thereof and the first payment of interest thereon after the issue date thereof. Additional Notes issued in this manner shall be consolidated with and shall form a single series with the previously outstanding Notes. The Note is one of the [Initial]* [Exchange]** Notes referred to in the Indenture. The Notes include the Initial NotesNotes issued on the Issue Date, any Additional Notes issued in accordance with Section 2.14 of the Private Indenture and any Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below), issued in exchange for the Initial Notes or Additional Notes pursuant to the Indenture and the Registration Rights Agreement. The Initial Notes, any Additional Notes and the Unrestricted Exchange Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms Indenture imposes certain limitations on the creation of Liens by the Guarantor and the Company and consolidation, merger and certain other transactions involving the Guarantor. In addition, the Indenture requires the maintenance of insurance for the Guarantor and its Subsidiaries, the maintenance of the Notes include those stated in this Indenture existence of the Guarantor and those made part its Subsidiaries, the payment of this Indenture by reference certain taxes and claims and reporting requirements applicable to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this IndentureGuarantor. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to this Indenture and the TIA for a statement of such terms* Include if Initial Note. No reference herein to this Indenture and no provisions of this Note or of this Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of, premium, ** Include if any, and interest on this Note at the times, place, and rate, and in the coin or currency, herein prescribedExchange Note.
Appears in 1 contract
Sources: Indenture (Embraer S.A.)
Indenture. This Note is one of a duly authorized issue of The Issuer issued the Notes of the Company designated as its 13 1/2% Senior Notes due 2004, Series A (herein called the "Initial Notes"). The Notes are limited (except as otherwise provided in this Indenture referred to below) in aggregate principal amount to $150,000,000, which may be issued under an indenture (herein called the "Indenture") Indenture dated as of June 24March 29, 19972022, by and between among the Company and First Trust National Association, as trustee (herein called the "Trustee," which term includes any successor Trustee under this Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties, obligations and immunities thereunder of the CompanyIssuer, the Trustee Guarantors named therein and the Holders of the Notes, and of Trustee (as it may be amended or supplemented from time to time in accordance with the terms upon which the Notes are, and are to be, authenticated and delivered. The Notes include the Initial Notesthereof, the Private Exchange Notes and the Unrestricted Notes (including the Exchange Notes referred to below“Indenture”), issued in exchange for the Initial Notes pursuant to the Registration Rights Agreement. The Initial Notes and the Unrestricted Notes are treated as a single class of securities under this Indenture. All capitalized terms used in this Note which are defined in this Indenture and not otherwise defined herein shall have the meanings assigned to them in this Indenture. The terms of the Notes include those stated in this Indenture and those made part of this Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the "TIA"), as in effect on the date of this Indenture. Notwithstanding anything to the contrary herein, the The Notes are subject to all such termsterms and provisions of the Indenture, and Holders of Notes are referred to this the Indenture and the TIA for a statement of such those terms. No reference herein to this Indenture In the event of a conflict between the terms of the Notes and no provisions the terms of this Note or the Indenture, the terms of this the Indenture shall alter or impair the obligation control. The Notes are senior obligations of the Company, which Issuer. The aggregate principal amount of Notes that may be authenticated and delivered under the Indenture is absolute and unconditional, unlimited. This Note is one of the 6.625% Senior Notes due 2030 referred to pay the principal of, premium, if any, and interest on this Note at the times, place, and rate, and in the coin or currencyIndenture. The Notes include (i) $600,000,000 principal amount of the Issuer’s 6.625% Senior Notes due 2030 issued under the Indenture on March 29, herein prescribed2022 (the “Initial Notes”) and (ii) if and when issued, additional Notes that may be issued from time to time under the Indenture subsequent to March 29, 2022 (the “Additional Notes”) as provided in Section 2.1(a) of the Indenture. The Initial Notes and the Additional Notes shall be considered collectively as a single class for all purposes of the Indenture; provided that the Additional Notes will not be issued with the same CUSIP as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. The Indenture imposes certain limitations on the incurrence of indebtedness, the making of restricted payments, the sale of assets, the incurrence of certain liens, the making of payments for consents, the entering into of agreements that restrict distribution from restricted subsidiaries and the consummation of mergers and consolidations. The Indenture also imposes requirements with respect to the provision of financial information and the provision of guarantees of the Notes by certain subsidiaries.
Appears in 1 contract
Sources: Indenture (Owens & Minor Inc/Va/)