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 $188,000,000 Class A-1 1.2975% Asset Backed Notes, $186,000,000 Class A-2-A 1.67% Asset Backed Notes, $186,000,000 Class A-2-B LIBOR + 0.27% Asset Backed Notes, $73,500,000 Class A-3-A 2.37% Asset Backed Notes, $73,500,000 Class A-3-B LIBOR + 0.37% Asset Backed Notes, $146,500,000 Class A-4-A 3.10% Asset Backed Notes and $146,500,000 Class A-4-B LIBOR + 0.47% Asset Backed Notes (collectively, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 2003-A-M (the “Trust”) pursuant to an Indenture, to be dated as of April 10, 2003 (the “Indenture”), between the Trust and JPMorgan Chase Bank (“JPMorgan Chase”), 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 an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, collectively, the “Securities”) pursuant to a Trust Agreement, dated as of January 23, 2003, as amended and restated as of April 10, 2003, between the Seller and Deutsche Bank Trust Company 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 April 10, 2003 (the “Cutoff Date”). The Notes will have the benefit of a note insurance policy (the “Note Insurance Policy”), issued by MBIA Insurance Corporation, a New York stock insurance company (the “Note Insurer”). In connection with the issuance of the Note Insurance Policy (i) the Companies, the Trust and the Note Insurer will execute and deliver an Insurance Agreement dated as of April 10, 2003 (the “Insurance Agreement”) and (ii) the Seller, the Representative (as defined below) and the Note Insurer will execute and deliver an Indemnification Agreement dated as of April 9, 2003 (the “Indemnification Agreement”).
Issuance and Sale of Notes. The Sponsor may, from time to time during the term of this Forward Purchase Commitment Agreement (this “Agreement”), authorize the issuance and sale of one or more series (each, a “Series”) of Asset Backed Notes (the “Notes”). Each Series of Notes will be issued by a separate trust (each, a “Trust”) entitled “AmeriCredit Automobile Receivables Trust 200 - ,” pursuant to an indenture between such Trust and the trustee and trust collateral agent named therein (the “Trustee”). In addition to the Notes of each Series, each Trust will also issue an Asset Backed Certificate representing the beneficial ownership interest in the Trust (the “Certificate”) (the Notes and the Certificate issued by a Trust, collectively, the “Securities”) pursuant to a Trust Agreement, between the Seller and the entity named therein, as owner trustee (the “Owner Trustee”). The assets of each Trust will 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. The applicable Trust shall enter into an interest rate swap or cap agreement on the applicable Closing Date to hedge the floating interest rate on any floating rate Notes issued. Each Trust will enter into a Sale and Servicing Agreement among the related Trust, the Sponsor, as servicer, the Seller and the entity named therein, as trust collateral agent and backup servicer (each, a “Sale and Servicing Agreement”) pursuant to which the Receivables will be serviced. The Notes of one or more Series may have the benefit of a note insurance policy (each, a “Note Insurance Policy”), issued by Financial Security Assurance Inc., a New York financial guaranty insurance company (the “Note Insurer”). In connection with the issuance of each Note Insurance Policy (i) the Companies, the related Trust, AmeriCredit Corp. and the Note Insurer will execute and deliver an Insurance Agreement, (ii) the Seller, the Representative (as defined below) and the Note Insurer will execute and deliver an Indemnification Agreement and
Issuance and Sale of Notes. The Issuer proposes to issue and sell $__________ (the "CLASS A INITIAL PRINCIPAL AMOUNT") of _____% Class A Asset-Backed Notes (the "CLASS A NOTES");$_________ (the "CLASS B INITIAL PRINCIPAL AMOUNT") of ____% Class B Asset- Backed Notes (the "CLASS B NOTES"); $_________ (the "CLASS C INITIAL PRINCIPAL AMOUNT") of ____% Class C Asset-Backed Notes (the "CLASS C NOTES"); and $_________ (the "CLASS D INITIAL PRINCIPAL AMOUNT") of _____% Class D Asset-Backed Notes (the "CLASS D NOTES"; together with the Class A Notes, the Class B Notes and the Class C Notes, the "NOTES"). The Notes will be issued pursuant to an Indenture, dated as of ________________ (the "INDENTURE"), between the Issuer and ___________, a national banking association (the "TRUSTEE"). The Notes are more fully described in the Prospectus Supplement (as defined below), a copy of which the Transferor is furnishing to the Underwriters. The Notes will evidence secured obligations of the Issuer. The assets of the Issuer will include a pool of leases, loans and other contracts and security interests in the related underlying Equipment. The Notes will be sold by the Issuer to the Underwriters listed on SCHEDULE A hereto (the "UNDERWRITERS") in accordance with the terms of this agreement. The terms which follow, when used in this Agreement, shall have the meanings indicated:
Issuance and Sale of Notes. The Sponsor has authorized the issuance and sale of $175,000,000 Class A-1 4.8075% Asset Backed Notes, $348,000,000 Class A-2 4.63% Asset Backed Notes, $304,750,000 Class A-3 5.13% Asset Backed Notes, $99,000,000 Class B 5.81% Asset Backed Notes and $55,000,000 Class C 6.35% Asset Backed Notes (collectively, the "NOTES"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 2001-1 (the "TRUST") pursuant to an Indenture, to be dated as of April 18, 2001 (the "INDENTURE"), between the Trust and Bank One, NA, a national banking association, as indenture trustee (the "TRUSTEE") and as Trust Collateral Agent. In addition to the Notes, the Trust will also issue $52,250,000 Class D Notes (the "CLASS D NOTES") and $55,000,000 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 March 26, 2001, as amended and restated as of April 18, 2001 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 April 18, 2001 (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 BRFBR the Company’s 7.25% Senior Notes Due 2027 (the “December 2027 Notes”), 7.50% Senior Notes due 2027 (the “May 2027 Notes”), the Company’s 7.50% Senior Notes due 2021 (the “2021 Notes”), and the Company 7.375% Senior Notes due 2023 (the “2023 Notes”, together with the December 2027, the May 2027 Notes and the 2021 Notes, the “Notes”) be issued under an indenture dated as of November 2, 2016 (the “Base Indenture”), as supplemented by the First Supplemental Indenture dated as of November 2, 2016 (the “First Supplemental Indenture”), the Second Supplemental Indenture dated as of May 31, 2017, 2017 (the “Second Supplemental Indenture”), the Third Supplemental Indenture dated as of December 13, 2017, and the Fourth Supplemental Indenture dated as of May 17, 2018 (together with the Base Indenture, First Supplemental Indenture, Second Supplemental Indenture, and Third Supplemental Indenture, the “Indenture”), between the Company and U.S. Bank National Association, 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 BRFBR 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 BRFBR shall have no obligation in connection with such compliance. The issuance and sale of Placement Notes through BRFBR 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...
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 the date of the Original Agreement 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 “Original Agreement 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 the date of the Original Agreement 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 “Original Agreement 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 Original Agreement 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 Original Agreement 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, ...
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. 1.1 Authorization of Notes 1 1.2 Use of Proceeds 1
Issuance and Sale of Notes. GS SHARES, SERIES A PREFERRED STOCK AND WARRANTS
