Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Issuance and Sale of Notes. The Sponsor has authorized the issuance and sale of $113,000,000 Class A-1 LIBOR + 1.00% Asset Backed Notes, $197,000,000 Class A-2 LIBOR + 4.00% Asset Backed Notes and $66,774,000 Class A-3 LIBOR + 5.00% Asset Backed Notes (collectively, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 2008-2 (the “Trust”) pursuant to an Indenture, to be dated as of November 17, 2008 (the “Indenture”), between the Trust and Xxxxx Fargo Bank, National Association (“Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as Trust Collateral Agent. In addition to the Notes, the Trust will also issue $50,645,000 Class B Notes (the “Class B Notes”) and $72,581,000 Class C Notes (the “Class C Notes”) issued pursuant to the Indenture and an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes, the Class B Notes and the Class C Notes and the Certificate, collectively, the “Securities”) pursuant to a Trust Agreement, dated as of November 6, 2008, as amended and restated as of November 17, 2008, between the Seller and Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after November 17, 2008 (the “Cutoff Date”).
Issuance and Sale of Notes. The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through BRS the Company’s 8.125% Senior Notes due 2026 (the “Notes”) to be issued under an indenture dated as of February 12, 2021 (the “Base Indenture”), as supplemented by the First Supplemental Indenture dated as of February 12, 2021 (the “First Supplemental Indenture”, and as supplemented by the Second Supplemental Indenture to be dated as of April 1, 2021 (the “Second Supplemental Indenture”) and, together with the Base Indenture, the “Indenture”), between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), from time to time during the term of this Agreement (the “Placement Notes”); provided, however, that in no event shall the Company issue or sell through BRS such number of Placement Notes that (a) exceeds the number or dollar amount of Notes registered on the effective Registration Statement (as defined below) pursuant to which the offering is being made or (b) the aggregate principal amount of Notes authorized to be issued by the board of directors of the Company (the “Board”) from time to time (the lesser of (a) or (b) the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 on the number of Placement Notes issued and sold under this Agreement shall be the sole responsibility of the Company and that BRS shall have no obligation in connection with such compliance. The issuance and sale of Placement Notes through BRS will be effected pursuant to the Registration Statement (as defined below), although nothing in this Agreement shall be construed as requiring the Company to use the Registration Statement to issue any Placement Notes. The Placement Notes will be issued to Cede & Co., as nominee of the Depository Trust Company (“DTC”) pursuant to a blanket letter of representations (the “DTC Agreement”) to be dated on or prior to the date hereof between the Company and DTC. The Indenture will be qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”). The Company shall file, in accordance with the provisions of the Securities Act of 1933, as amended, and the rules and regulations thereunder (the “Securities Act”), with the Securities and Exchange Commission (the “Commission”), a registration statement on Form ...
Issuance and Sale of Notes. In December 2015, the Company issued $160,000,000 in aggregate principal amount of its 6.25% Notes due 2024, which trade on the New York Stock Exchange (the “NYSE”) under the trading symbol “PBB” (the “2024 Notes”). From June 2016 through August 2016, the Company issued an additional $39,281,000 aggregate principal amount of the 2024 Notes in an at-the-market offering. From July 2, 2018 through August 30, 2018, the Company issued an additional $10,131,175 aggregate principal amount of the 2024 Notes in an at-the-market offering (the “Additional 2024 Notes”). As of the date of this Agreement, the Company has issued a total of $209,412,175 in aggregate principal amount of the 2024 Notes. In June 2018, the Company issued $55,000,000 in aggregate principal amount of its 6.25% Notes due 2028, which trade on the NYSE under the trading symbol “PBY” (the “2028 Notes”). From July 2, 2018 through August 30, 2018, the Company issued an additional $6,917,250 aggregate principal amount of the 2028 Notes in an at-the-market offering (the “Additional 2028 Notes”). As of the date of this Agreement, the Company has issued a total of $61,917,250 in aggregate principal amount of the 2028 Notes. The Company proposes to issue and sell through the Agent, as sales agent, in accordance with the terms and conditions set forth in Section 4 of this Agreement, additional 2024 Notes having an aggregate principal amount of up to $100,000,000 less the aggregate principal amount of Additional 2024 Notes (the “Maximum Amount of 2024 Notes”) and additional 2028 Notes having an aggregate principal amount of up to $100,000,000 less the aggregate principal amount of Additional 2028 Notes (the “Maximum Amount of 2028 Notes”) (collectively, the “Notes”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 regarding the Maximum Amount of 2024 Notes and the Maximum Amount of 2028 Notes to be issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance. The 2024 Notes will be issued pursuant to an indenture, dated as of February 16, 2012, as amended (the “Base Indenture”), between the Company and U.S. Bank National Association, as trustee (the “Trustee”), as supplemented by a supplemental indenture, dated as of December 10, 2015, between the Company and the Trustee (the “Original 2024 Notes Supplemental I...
Issuance and Sale of Notes. The Sponsor has authorized the issuance and sale of $80,000,000 Class A-1 6.757% Asset Backed Notes, $174,000,000 Class A-2 6.700% Asset Backed Notes, $119,250,000 Class A-3 6.740% Asset Backed Notes, $45,000,000 Class B 7.160% Asset Backed Notes and $25,000,000 Class C 7.440% Asset Backed Notes (collectively, the "NOTES"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 2000-1 (the "TRUST") pursuant to an Indenture, to be dated as of November 2, 2000 (the "INDENTURE"), between the Trust and The Chase Manhattan Bank, a New York banking corporation, as indenture trustee (the "TRUSTEE") and as Trust Collateral Agent. In addition to the Notes, the Trust will also issue $25,000,000 Class D Notes (the "CLASS D NOTES") and $26,750,000 Class E Notes (the "CLASS E NOTES") issued pursuant to the Indenture and an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the "CERTIFICATE") (the Notes, the Class D Notes, the Class E Notes and the Certificate, collectively, the "SECURITIES") pursuant to a Trust Agreement, dated as of October 11, 2000, as amended and restated as of November 2, 2000 between the Seller and Bankers Trust (Delaware), as owner trustee (the "OWNER TRUSTEE"). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the "RECEIVABLES") and certain monies due thereunder on or after November 2, 2000 (the "CUTOFF DATE").
Issuance and Sale of Notes. The Sponsor has authorized -------------------------- the issuance and sale of $182,000,000 Class A-1 6.04% Asset Backed Notes, $313,000,000 Class A-2 6.54% Asset Backed Notes, $572,000,000 Class A-3 7.15% Asset Backed Notes and $233,000,000 Class A-4 7.29% Asset Backed Notes (collectively, the "Notes"). The Notes are to be issued by AmeriCredit ----- Automobile Receivables Trust 2000-A (the "Trust") pursuant to an Indenture, to ----- be dated as of February 7, 2000 (the "Indenture"), between the Trust and Bank --------- One, N.A., a national banking association, as indenture trustee (the "Trustee") ------- and as Trust Collateral Agent. In addition to the Notes, the Trust will also issue an Asset Backed Certificate (the "Certificate") (the Notes and the ----------- Certificate, collectively, the "Securities") pursuant to a Trust Agreement, ---------- dated as of January 27, 2000, as amended and restated as of February 7, 2000, between the Seller and Bankers Trust (Delaware), as owner trustee (the "Owner ----- Trustee"
Issuance and Sale of Notes. The Issuer hereby agrees to sell to the Purchasers, and each of the Purchasers agrees, severally and not jointly, to purchase from the Issuer, the Notes on the Closing Date at a price of 100% of the principal amount thereof and in the aggregate principal amount set forth opposite its name on Schedule I hereto (the "Purchase Price"). The Issuer hereby directs the Collateral Trustee to execute the certificate of authentication appended to each Note.
Issuance and Sale of Notes. GS SHARES, SERIES A PREFERRED STOCK AND WARRANTS
(f) Section 2.4 is hereby amended and restated in its entirety as follows:
Issuance and Sale of Notes. Authorization of Notes 1 1.2 Use of Proceeds 1
Issuance and Sale of Notes. Upon the terms and subject to the conditions set forth herein, on the Closing Date (as defined below), the Company will issue and sell to the Purchaser and, in reliance on the representations and warranties of the Company contained herein, the Purchaser will purchase from the Company, the Notes, at a purchase price equal to $150,000,000, which amount equals 100% of the principal amount thereof.
