Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 12 contracts
Samples: Indenture (Legacy Reserves Inc.), Supplemental Indenture (Calumet Specialty Products Partners, L.P.), Supplemental Indenture (Western Refining Logistics, LP)
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 9 contracts
Samples: Chesapeake Oilfield (Mid-States Oilfield Supply LLC), Indenture (Chesapeake Midstream Partners Lp), Indenture (Chesapeake Midstream Partners Lp)
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, the issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 6 contracts
Samples: Indenture (Global Partners Lp), Indenture (Global Partners Lp), Indenture (Natural Resource Partners Lp)
Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Initial Issuance DateNotes, other than with respect to the date of issuance, issue price price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions, transfer restrictions and any registration rights agreement and additional interest with respect thereto; provided that such issuance is not otherwise prohibited by the date from which interest begins to accrueterms of this Indenture, including Section 4.9. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be be, without limitation, treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, along with an Opinion of Counsel which will address conditions precedent, due authorization, execution and enforceability, the following information:
Appears in 4 contracts
Samples: Indenture (Jack Cooper Logistics, LLC), Carrols Restaurant Group, Inc., Carrols Restaurant Group, Inc.
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 4 contracts
Samples: Indenture (Linn Energy, LLC), Supplemental Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC)
Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their its compliance with Section 4.093.5 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Datedate hereof, other than with respect to the date of issuance, issue price and the date from which interest begins to accruerights under a related Registration Rights Agreement, if any. The Initial Notes issued on the Initial Issuance Datedate hereof, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, including without limitation, directions, waivers, amendments, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in a Board Resolution and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Indenture (TGT Pipeline LLC), TGT Pipeline LLC
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.095.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Indenture (Summit Midstream Partners, LP), Supplemental Indenture (Summit Midstream Partners, LP)
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Indenture (Linn Energy, LLC), Linn Energy, LLC
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase; and none of the Holders of any Initial Notes, any Exchange Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Supplemental Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp)
Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their its compliance with Section 4.09Sections 3.4 and 3.5 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Datedate hereof, other than with respect to the date of issuance, issue price and and, if applicable, the date from which first payment of interest begins to accruethereon. The Initial Notes issued on the Initial Issuance Date, date hereof and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in Board Resolution and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Indenture (Boardwalk Pipelines Lp), Indenture (Boardwalk Pipeline Partners, LP)
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Issue Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Intercreditor Agreement (Summit Midstream Partners, LP)
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, Issue Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.094.09 and Section 4.12, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Issue Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, Issue Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. For the avoidance of doubt, Section 4.12, as in effect on the Issue Date, does not permit the issuance of Additional Notes. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, the issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and price, the date from which interest begins to accrueaccrue and the initial interest payment date. The Initial Notes issued on the Initial Issuance DateNotes, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, including waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (EV Energy Partners, LP)
Issuance of Additional Notes. The Issuers Issuer shall be entitled, subject to their its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Datedate hereof, other than with respect to the date of issuance, issue price and the date from which interest begins to accruerights under a related Registration Rights Agreement, if any. The Initial Notes issued on the Initial Issuance Datedate hereof, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitationdirections, waivers, amendments, consents, directions, declarations, amendments, redemptions and offers Offers to purchasePurchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in a Board Resolution of the Issuer and an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Hli Operating Co Inc)
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.094.09 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Datedate hereof, other than with respect to the date of issuance, issue price and the date from which interest begins to accruerights under a related Registration Rights Agreement, if any. The Initial Notes issued on the Initial Issuance Datedate hereof, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, including without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers Offers to purchasePurchase. With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: CBD Media LLC
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, the issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Global Partners Lp)
Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.095.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Supplemental Indenture (Access Midstream Partners Lp)
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.095.09 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issuance and issue price and the date from which interest begins to accrueprice. The Initial Notes issued on the Initial Issuance Date, Date and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Issuance of Additional Notes. The Issuers shall be entitled, subject to their compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue price and the date from which interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers shall set forth in an Officers’ ' Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Issuance of Additional Notes. The Issuers Company shall be entitled, subject to their its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Initial Issuance Date, other than with respect to the date of issuance, issue initial purchase price and the date from which initial interest begins to accrue. The Initial Notes issued on the Initial Issuance Date, and any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Issuers Company shall set forth in an Officers’ Certificate, which shall be delivered to the Trustee, the following information:
Appears in 1 contract