Common use of Issuance of Additional Notes Clause in Contracts

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 and Section 4.12 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date and any Additional Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers of such Additional Notes; and (3) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Appears in 7 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

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Issuance of Additional Notes. (a) The Company shall be entitled, subject from time to its compliance with Section 4.09 and Section 4.12 hereoftime, without notice or the consent of the Holders, to issue Additional Notes under this Indenture which Indenture. Any such Additional Notes shall form a single class with the Initial Notes and have identical the same terms as to status, redemption or otherwise as the Initial Notes; provided, however, if the Additional Notes issued on are not fungible with the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date and any for U.S. federal income tax purposes, such Additional Notes shall be treated as have a single class for all purposes under this Indenture. different CUSIP number than the Initial Notes. (b) With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each which shall be delivered to the Trustee, related Authentication Order the following information: (1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2ii) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP and/or ISIN number of such Additional Notes; and (3iii) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, whether such Additional Notes will have a separate CUSIP numbershall be subject to the restrictions on transfer set forth in Section 2.07 hereof relating to Restricted Global Notes and Restricted Definitive Notes.

Appears in 5 contracts

Samples: Indenture (Range Resources Corp), Indenture (Range Resources Corp), Indenture (Range Resources Corp)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 and Section 4.12 hereof4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The price and, if applicable, the first payment of interest; provided that if any such Additional Notes are not fungible with the Initial Notes issued on the Issue Date and any for United States federal income tax purposes, such Additional Notes shall will be treated as issued under a single class for all purposes under this Indentureseparate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number and corresponding ISIN of such Additional Notes; and (3c) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, whether such Additional Notes will have a separate CUSIP numbershall be issued in the form of Initial Notes as set forth in Exhibit A to this Indenture.

Appears in 4 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 and Section 4.12 hereof4.08, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue DateDate or the Exchange Notes issued in exchange for the Initial Notes, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date , first payment of interest and any Additional Notes shall be treated as rights under a single class for all purposes under this Indenturerelated Registration Rights Agreement, if any. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number and corresponding ISIN of such Additional Notes; and (3c) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, whether such Additional Notes will have a separate CUSIP numbershall be issued in the form of Initial Notes as set forth in Exhibit A hereto or shall be issued in the form of Exchange Notes as set forth in Exhibit A hereto.

Appears in 2 contracts

Samples: Indenture (Sba Communications Corp), Indenture (Sba Communications Corp)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 and Section 4.12 hereof4.12, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The price and, if applicable, the first payment of interest; provided that if any such Additional Notes are not fungible with the Initial Notes issued on the Issue Date and any for United States federal income tax purposes, such Additional Notes shall will be treated as issued under a single class for all purposes under this Indentureseparate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number and corresponding ISIN of such Additional Notes; and (3c) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, whether such Additional Notes will have a separate CUSIP numbershall be issued in the form of Initial Notes as set forth in Exhibit A to this Indenture.

Appears in 2 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 upon delivery of an Officers’ Certificate, Opinion of Counsel and Section 4.12 hereofAuthentication Order, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue priceprice and, if applicable, the initial interest accrual date and the initial interest payment date, subject to compliance with Section 4.09 hereof. The Initial Notes issued on the Issue Date and any Additional Notes shall issued will be treated as a single class for all purposes under this Indenture, provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information: : (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; , (2) the issue price, the issue date of issuance and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; and Notes and (3) if any Additional Notes are not fungible with any that the issuance of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numberdoes not contravene Section 4.09 hereof.

Appears in 2 contracts

Samples: Indenture (Carriage Services Inc), Indenture (Carriage Services Inc)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 upon delivery of an Officers’ Certificate, Opinion of Counsel and Section 4.12 hereofAuthentication Order, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue priceprice and, if applicable, the initial interest accrual date and the initial interest payment date, subject to compliance with Section 4.09. The Initial Notes issued on the Issue Date and any Additional Notes issued shall be treated as a single class for all purposes under this Indenture, provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information: : (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; , (2) the issue price, the issue date of issuance and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; and Notes and (3) if any Additional Notes are not fungible with any that the issuance of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numberdoes not contravene Section 4.09 hereof.

Appears in 2 contracts

Samples: Indenture (CF Industries Holdings, Inc.), Indenture (CF Industries Holdings, Inc.)

Issuance of Additional Notes. The After the Issue Date, the Company shall be entitled, subject to its compliance with Section 4.09 and Section 4.12 hereof4.08, to issue Additional Notes under this Indenture the Indenture, which Additional Notes shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the size, price, issue date of issuance and issue pricefirst interest payment. The Initial Notes issued on the Issue Date and any the Additional Notes under the Indenture shall be treated as a single class for all purposes under this of the Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenturethe Indenture and the provision of Section 4.08 that the Company is relying on to issue such Additional Notes; (2b) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; and (3) if provided, however, that a separate CUSIP number will be issued for any Additional Notes are not fungible with any of unless the Notes then outstanding and the Additional Notes are fungible for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number; and (c) the other statements required by Section 2.04.

Appears in 1 contract

Samples: First Supplemental Indenture (LGI Homes, Inc.)

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Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 upon delivery of an Officers’ Certificate, Opinion of Counsel and Section 4.12 hereofAuthentication Order, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue priceprice and, if applicable, the initial interest accrual date and the initial interest payment date, subject to compliance with ‎Section 4.09 hereof. The Initial Notes issued on the Issue Date and any Additional Notes shall issued will be treated as a single class for all purposes under this Indenture, provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information: : (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; , (2) the issue price, the issue date of issuance and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number of such Additional Notes; and Notes and (3) if any Additional Notes are not fungible with any that the issuance of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP numberdoes not contravene ‎Section 4.09 hereof.

Appears in 1 contract

Samples: Indenture (Ritchie Bros Auctioneers Inc)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 and Section 4.12 hereof4.08, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue DateDate or the Exchange Notes issued in exchange for the Initial Notes, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date , first payment of interest and any Additional Notes shall be treated as rights under a single class for all purposes under this Indenturerelated Registration Rights Agreement, if any. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information: (1a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2b) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers CUSIP number and corresponding ISIN of such Additional Notes; and (3c) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, whether such Additional Notes will have a separate CUSIP number.shall be issued in the form of Initial Notes as set forth in Exhibit A hereto or shall be issued in the form of Exchange Notes as set forth in Exhibit A hereto. Table of Contents

Appears in 1 contract

Samples: Indenture (Sba Communications Corp)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09 and Section 4.12 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date and any Additional Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each which shall be delivered to the Trustee, the following information: : (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; ; (2) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers of such Additional Notes; and and (3) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Appears in 1 contract

Samples: Indenture (TransDigm Group INC)

Issuance of Additional Notes. The Company Issuers shall be entitled, subject to its compliance with Section 4.09 Sections 4.08 and Section 4.12 4.10 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance issuance, the date from which interest will accrue and issue price. The Initial Notes issued on the Issue Date and any Additional Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company Issuers shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyIssuers, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the “CUSIP”, ,” “ISIN” or other similar identification numbers of such Additional Notes; and (3) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

Appears in 1 contract

Samples: Indenture (Brookfield Property REIT Inc.)

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