Issuance and Terms of Bonds. (a) The Bonds shall be designated “$56,200,000 Parish of St. Xxxxx, State of Louisiana, Revenue Bonds (NuStar Logistics, L.P. Project) Series 2008.” The Bonds shall be in substantially the form of Exhibit “A,” which is part of this Indenture, in the denominations provided for in the Bonds. (b) The Bonds shall be dated the date of initial authentication and delivery, shall bear interest from such date, and shall mature (subject to prior redemption) on June 1, 2038. The Bonds shall bear interest at the Daily Rate, the Weekly Rate, the Commercial Paper Rate or the Long Term Rate, as more fully described in this Article II. Company may direct a change in the type of Interest Period pursuant to the provisions of Section 2.07 hereof. Interest on the Bonds will initially be payable at the Weekly Rate. The rate of interest borne by the Bonds shall not exceed the Maximum Rate. On June 3, 2020, the interest rate on the Bonds is being converted to a Long Term Rate with a Long Term Rate Period ending June 1, 2030 and interest shall be payable on each June 1 and December 1, commencing December 1, 2020. (c) The principal and Purchase Price of and premium, if any, and interest on the Bonds shall be payable and computed as provided for in the Bonds. (d) The Company shall have the right to redesignate the Bonds in one or more Series or Sub-Series from time to time and to combine such Sub-series and to have multiple Interest Periods. A Series of the Bonds shall be identified by consecutive alphabet numbers, e.g., A, B, etc., and such designation shall be placed on each Bond of such Series. A Sub-series of the Bonds shall be identified by consecutive numbers, e.g., X-0, X-0, X-0, etc., or X-0, X-0, X-0, etc., and such designation shall be placed on each Bond of such Sub-series. Each Series or Sub-series may have a type of Interest Period different from any other Series or Sub-series or any other Bond that is not in a Sub-series. (e) If one or more Sub-series is created, all references to Series herein shall include any Sub-series created hereunder.” ARTICLE IV AMENDMENT TO ARTICLE III OF
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)
Issuance and Terms of Bonds. (a) The Bonds shall be designated “$56,200,000 50,000,000 Parish of St. Xxxxx, State of Louisiana, Revenue Bonds (NuStar Logistics, L.P. Project) Series 2008.2010A.” The Bonds shall be in substantially the form of Exhibit “A,” which is part of this Indenture, in the denominations provided for in the Bonds.
(b) The Bonds shall be dated the date of initial authentication and delivery, shall bear interest from such date, and shall mature (subject to prior redemption) on June October 1, 20382040. The Bonds shall bear interest at the Daily Rate, the Weekly Rate, the Commercial Paper Rate or the Long Term Rate, as more fully described in this Article II. Company may direct a change in the type of Interest Period pursuant to the provisions of Section 2.07 hereof. Interest on the Bonds will initially be payable at the Weekly Rate. The rate of interest borne by the Bonds shall not exceed the Maximum Rate. On June 3, 2020, the interest rate on the Bonds is being converted to a Long Term Rate with a Long Term Rate Period ending June October 1, 2030 2040 and interest shall be payable on each June 1 and December 1, commencing December 1, 2020.
(c) The principal and Purchase Price of and premium, if any, and interest on the Bonds shall be payable and computed as provided for in the Bonds.
(d) The Company shall have the right to redesignate the Bonds in one or more Series or Sub-Series from time to time and to combine such Sub-series and to have multiple Interest Periods. A Series of the Bonds shall be identified by consecutive alphabet numbers, e.g., A, B, etc., and such designation shall be placed on each Bond of such Series. A Sub-series of the Bonds shall be identified by consecutive numbers, e.g., X-0, X-0, X-0, etc., or X-0, X-0, X-0, etc., and such designation shall be placed on each Bond of such Sub-series. Each Series or Sub-series may have a type of Interest Period different from any other Series or Sub-series or any other Bond that is not in a Sub-series.
(e) If one or more Sub-series is created, all references to Series herein shall include any Sub-series created hereunder.”
ARTICLE IV AMENDMENT TO ARTICLE III OFOF THE ORIGINAL INDENTURE
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)
Issuance and Terms of Bonds. (a) The Bonds shall be designated “$56,200,000 75,000,000 Parish of St. Xxxxx, State of Louisiana, Revenue Bonds (NuStar Logistics, L.P. Project) Series 20082011.” The Bonds shall be in substantially the form of Exhibit “A,” which is part of this Indenture, in the denominations provided for in the Bonds.
(b) The Bonds shall be dated the date of initial authentication and delivery, shall bear interest from such date, and shall mature (subject to prior redemption) on June August 1, 20382041. The Bonds shall bear interest at the Daily Rate, the Weekly Rate, the Commercial Paper Rate or the Long Term Rate, as more fully described in this Article II. Company may direct a change in the type of Interest Period pursuant to the provisions of Section 2.07 hereof. Interest on the Bonds will initially be payable at the Weekly Rate. The rate of interest borne by the Bonds shall not exceed the Maximum Rate. On June 3, 2020, the interest rate on the Bonds is being converted to a Long Term Rate with a Long Term Rate Period ending June 1, 2030 2025 and interest shall be payable on each June 1 and December 1, commencing December 1, 2020.
(c) The principal and Purchase Price of and premium, if any, and interest on the Bonds shall be payable and computed as provided for in the Bonds.
(d) The Company shall have the right to redesignate the Bonds in one or more Series or Sub-Series from time to time and to combine such Sub-series and to have multiple Interest Periods. A Series of the Bonds shall be identified by consecutive alphabet numbers, e.g., A, B, etc., and such designation shall be placed on each Bond of such Series. A Sub-series of the Bonds shall be identified by consecutive numbers, e.g., X-0, X-0, X-0, etc., or X-0, X-0, X-0, etc., and such designation shall be placed on each Bond of such Sub-series. Each Series or Sub-series may have a type of Interest Period different from any other Series or Sub-series or any other Bond that is not in a Sub-series.
(e) If one or more Sub-series is created, all references to Series herein shall include any Sub-series created hereunder.”
ARTICLE IV AMENDMENT TO ARTICLE III OF
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)
Issuance and Terms of Bonds. (a) The Bonds shall be designated “$56,200,000 100,000,000 Parish of St. Xxxxx, State of Louisiana, Revenue Bonds (NuStar Logistics, L.P. Project) Series 20082010.” The Bonds shall be in substantially the form of Exhibit “A,” which is part of this Indenture, in the denominations provided for in the Bonds.
(b) The Bonds shall be dated the date of initial authentication and delivery, shall bear interest from such date, and shall mature (subject to prior redemption) on June July 1, 20382040. The Bonds shall bear interest at the Daily Rate, the Weekly Rate, the Commercial Paper Rate or the Long Term Rate, as more fully described in this Article II. Company may direct a change in the type of Interest Period pursuant to the provisions of Section 2.07 hereof. Interest on the Bonds will initially be payable at the Weekly Rate. The rate of interest borne by the Bonds shall not exceed the Maximum Rate. On June 3, 2020, the interest rate on the Bonds is being converted to a Long Term Rate with a Long Term Rate Period ending June July 1, 2030 2040 and interest shall be payable on each June 1 and December 1, commencing December 1, 2020.
(c) The principal and Purchase Price of and premium, if any, and interest on the Bonds shall be payable and computed as provided for in the Bonds.
(d) The Company shall have the right to redesignate the Bonds in one or more Series or Sub-Series from time to time and to combine such Sub-series and to have multiple Interest Periods. A Series of the Bonds shall be identified by consecutive alphabet numbers, e.g., A, B, etc., and such designation shall be placed on each Bond of such Series. A Sub-series of the Bonds shall be identified by consecutive numbers, e.g., X-0, X-0, X-0, etc., or X-0, X-0, X-0, etc., and such designation shall be placed on each Bond of such Sub-series. Each Series or Sub-series may have a type of Interest Period different from any other Series or Sub-series or any other Bond that is not in a Sub-series.
(e) If one or more Sub-series is created, all references to Series herein shall include any Sub-series created hereunder.”
ARTICLE IV AMENDMENT TO ARTICLE III OFIII
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)
Issuance and Terms of Bonds. (a) The Bonds shall be designated “$56,200,000 85,000,000 Parish of St. Xxxxx, State of Louisiana, Revenue Bonds (NuStar Logistics, L.P. Project) Series 2008.2010B.” The Bonds shall be in substantially the form of Exhibit “A,” which is part of this Indenture, in the denominations provided for in the Bonds.
(b) The Bonds shall be dated the date of initial authentication and delivery, shall bear interest from such date, and shall mature (subject to prior redemption) on June December 1, 20382040. The Bonds shall bear interest at the Daily Rate, the Weekly Rate, the Commercial Paper Rate or the Long Term Rate, as more fully described in this Article II. Company may direct a change in the type of Interest Period pursuant to the provisions of Section 2.07 hereof. Interest on the Bonds will initially be payable at the Weekly Rate. The rate of interest borne by the Bonds shall not exceed the Maximum Rate. On June 3, 2020, the interest rate on the Bonds is being converted to a Long Term Rate with a Long Term Rate Period ending June 1, 2030 and interest shall be payable on each June 1 and December 1, commencing December 1, 2020.
(c) The principal and Purchase Price of and premium, if any, and interest on the Bonds shall be payable and computed as provided for in the Bonds.
(d) The Company shall have the right to redesignate the Bonds in one or more Series or Sub-Series from time to time and to combine such Sub-series and to have multiple Interest Periods. A Series of the Bonds shall be identified by consecutive alphabet numbers, e.g., A, B, etc., and such designation shall be placed on each Bond of such Series. A Sub-series of the Bonds shall be identified by consecutive numbers, e.g., X-0, X-0, X-0, etc., or X-0, X-0, X-0, etc., and such designation shall be placed on each Bond of such Sub-series. Each Series or Sub-series may have a type of Interest Period different from any other Series or Sub-series or any other Bond that is not in a Sub-series.
(e) If one or more Sub-series is created, all references to Series herein shall include any Sub-series created hereunder.”
ARTICLE IV AMENDMENT TO ARTICLE III OF
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)
Issuance and Terms of Bonds. (a) There shall be issued and secured by this Indenture three series of bonds in the aggregate principal amount of $33,000,000 for the purpose of providing funds to finance the Project Costs. One series of bonds in the aggregate principal amount of $20,000,000 shall be designated "Taxable Industrial Revenue Bonds (LabOne, Inc. Project), Series 1998A." The second series of bonds in the aggregate principal amount of $5,000,000 shall be designated "Taxable Subordinate Industrial Revenue Bonds (LabOne, Inc. Project), Series 1998B." The third series of bonds in the aggregate principal amount of $8,000,000 shall be designated "Taxable Subordinate Industrial Revenue Bonds (LabOne, Inc. Project), Series 1998C." The Bonds shall be designated “$56,200,000 Parish dated the date of St. Xxxxxthe initial issuance and delivery thereof by the Issuer and shall mature on September 1, State of Louisiana, Revenue Bonds 2009 (NuStar Logistics, L.P. Project) Series 2008.” The Bonds shall be subject to prior redemption as provided in substantially the form of Exhibit “A,” which is part of this Indenture, in the denominations provided for in the BondsArticle III).
(b) The Bonds shall be dated the date of initial authentication and delivery, shall bear interest from such datetheir date or from the most recent Interest Payment Date to which interest has been paid in full. Interest on the Bonds shall be payable on each Interest Payment Date. Interest on the Series 1998A Bonds while they are in the Weekly Mode or the Monthly Mode shall be computed on the basis of a year of 365 or 366 days, as appropriate, for the actual number of days elapsed, and interest on the Series 1998A Bonds while they are in any other Interest Rate Mode and interest on the Series 1998B Bonds and the Series 1998C Bonds shall mature be computed on the basis of a 360-day year of twelve 30-day months.
(subject to prior redemptionc) on June 1, 2038. The Series 1998A Bonds shall bear interest at the Daily RateInterest Rate applicable to the Calculation Period at the time in effect for the Series 1998A Bonds. Not more than 30 nor less than 20 days prior to each Determination Date for the Series 1998A Bonds that immediately precedes a Calculation Period during which the Series 1998A Bonds are to be in the Semiannual Mode, the Weekly RateAnnual Mode or any Multiyear Mode, the Commercial Paper Trustee shall send to each Owner of Series 1998A Bonds a Notice of Interest Rate or the Long Term Rate, as more fully described in this Article II. Company may direct a change Adjustment substantially in the type form attached as Exhibit B, with such changes therein as the Trustee may in its discretion approve. Such Notice of Interest Period pursuant to the provisions of Section 2.07 hereof. Interest on the Bonds will initially be payable at the Weekly Rate. The Rate Adjustment shall state a rate of interest borne as determined by the Remarketing Agent that the Series 1998A Bonds would bear if the date of the notice was a Determination Date. Promptly after each Determination Date for the Series 1998A Bonds, the Trustee shall send a written notice to each Owner of Series 1998A Bonds stating the Interest Rate for the Series 1998A Bonds, which may be less than, equal to or greater than the rate stated in the Notice of Interest Rate Adjustment. In the event sufficient funds are not deposited with the Tender Agent to pay the purchase price of any Series 1998A Bond tendered for purchase or deemed to be purchased pursuant to Section 306 or 307 on any Purchase Date or Interest Rate Mode Conversion Date, such Series 1998A Bonds shall not exceed bear interest at the Maximum Rate. On June 3, 2020, the interest rate Interest Rate in effect on the first day of the most recent Calculation Period immediately preceding such Purchase Date or Interest Rate Mode Conversion Date. The Series 1998B Bonds is being converted to a Long Term Rate with a Long Term Rate Period ending June 1, 2030 and shall bear interest shall be payable on each June 1 and December 1, commencing December 1, 2020.
(c) The principal and Purchase Price at the rate of and premium, if any7.125%, and interest on the Series 1998C Bonds shall be payable and computed as provided for in bear interest at the Bondsrate of 7.125%.
(d) The Company initial Interest Rate Mode for the Series 1998A Bonds shall have be the right to redesignate Weekly Mode. The Interest Rate Mode for the Series 1998A Bonds in one or more Series or Sub-Series may be converted from time to time and to combine such Sub-series and to have multiple Interest Periods. A Series at the option of the Lessee, with the prior written consent of the Letter of Credit Provider, exercised as provided in this paragraph, to another Interest Rate Mode on such date (an "Interest Rate Mode Conversion Date") as the Lessee shall select, which date must be an Interest Payment Date on which the Series 1998A Bonds are subject to redemption pursuant to paragraph (a) of Section 302 at a redemption price equal to the principal amount thereof, plus accrued interest, without premium; provided that no such conversion shall be identified occur unless (i) the Trustee shall have received, with the written notice from the Lessee described below, an opinion of Bond Counsel stating that such conversion is authorized and permitted by consecutive alphabet numbersthis Indenture and the Act, e.g., A, B, etc.(ii) the Trustee shall have received a like opinion of Bond Counsel on the Interest Rate Mode Conversion Date, and (iii) the Letter of Credit Provider shall have fully honored any conforming draw on the Letter of Credit made in connection with the related Interest Rate Mode Conversion Date pursuant to Section 504. The Lessee may exercise such designation option at any time by giving written notice not more than 60 nor less than 45 days prior to the Interest Rate Mode Conversion Date to the Issuer, the Trustee, the Remarketing Agent and the Letter of Credit Provider stating its election to convert the Interest Rate Mode for the Series 1998A Bonds to another Interest Rate Mode, which notice shall be placed on each Bond specify the new Interest Rate Mode and the Interest Rate Mode Conversion Date. Upon any exercise of such Series. A Sub-series of option by the Bonds Lessee, the Trustee shall be identified by consecutive numberssend, e.g.at least 35 days prior to the Interest Rate Mode Conversion Date, X-0, X-0, X-0, etc., or X-0, X-0, X-0, etc., and such designation shall be placed on each Bond of such Sub-series. Each Series or Sub-series may have a type Notice of Interest Period different Rate Mode Conversion in substantially the form attached hereto as Exhibit D to each Owner of Series 1998A Bonds, and, in the event of a conversion to a Weekly Mode or a Monthly Mode from any other Series or Sub-series or any other Bond that is not Interest Rate Mode, a Bondowner Election Notice in a Sub-series.substantially the form attached hereto as Exhibit C.
(e) If one Prior to or more Sub-series simultaneously with the issuance of the Bonds and concurrently with the delivery of the Letter of Credit, the following items shall be filed with the Trustee:
(i) An original executed copy or a copy, certified by the City Clerk of the Issuer, of the ordinance passed by the governing body of the Issuer authorizing the execution and delivery of the Bonds, this Indenture and the Lease Agreement;
(ii) An original executed counterpart of this Indenture;
(iii) An original executed counterpart of the Lease Agreement;
(iv) An original executed counterpart of the Remarketing Agreement;
(v) The executed Letter of Credit;
(vi) An opinion of Bond Counsel to the effect that the Bonds have been validly issued and are binding obligations of the Issuer, and the interest thereon is createdexempt from Kansas income taxation;
(vii) An opinion of Bond Counsel to the effect that the Bonds are exempt from registration under the Securities Act of 1933, all references as amended, and this Indenture is exempt from qualification under the Trust Indenture Act of 1939, as amended; and
(viii) Such other certificates, statements, receipts, opinions and documents as the Trustee shall reasonably require for the delivery of the Bonds.
(f) When the documents mentioned in paragraph (e) of this Section have been filed with the Trustee, and when the Bonds have been executed, authenticated and registered as required by this Indenture, the Trustee shall deliver the Bonds to Series herein shall include any Sub-series created hereunderor upon the order of the Underwriter upon payment to the Trustee of the purchase price of the Bonds for deposit and application as provided in Article IV.”
ARTICLE IV AMENDMENT TO ARTICLE III OF
Appears in 1 contract
Samples: Trust Indenture (Labone Inc)