Issuance of Additional Notes. (a) After the date hereof, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.08, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to the Initial Notes, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer to Purchase. (b) With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and an Officers’ Certificate, 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 and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional Notes; and (2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 3 contracts
Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP)
Issuance of Additional Notes. (a) After the date hereof, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.084.09, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to the Initial Notes, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer Offers to Purchase.
(b) With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and an Officers’ Certificate, 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 and the provision of Section 4.08 4.09 that the Issuers are relying upon to issue such Additional Notes; and
(2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 3 contracts
Samples: Indenture (MGM Growth Properties LLC), Indenture (QTS Realty Trust, Inc.), Indenture (CyrusOne Inc.)
Issuance of Additional Notes. (a) After the date hereofIssue Date, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.08, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to the Initial Notes, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer to Purchase.
(b) With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and the Company shall set forth in an Officers’ Officer’s Certificate, 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 and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional Notes; Notes; and
(2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 3 contracts
Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)
Issuance of Additional Notes. (a) After the date hereofClosing Date, the Issuers Issuer shall be entitled, subject to their compliance its compliance, at the time of and after giving effect to such issuance, with the covenants contained in this Indenture, including Section 4.084.03 and Section 4.09, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to as the Initial NotesNotes issued on the Closing Date, other than with respect to the date of issuance and the issue price; provided that any such Additional Notes will be treated, for U.S. Federal income tax purposes, as fungible with the Notes. All the Notes issued under this Indenture will (including any Additional Notes) shall be treated as a single class for all purposes of this Indenture Indenture, including waiversin respect of any amendment, amendmentswaiver, redemptions and any Offer to Purchase.
(b) other modification or optional redemption by the Issuer. With respect to any Additional Notes, the Issuers Issuer shall set forth in a Board Resolution and an Officers’ Certificate, a copy of each which shall be delivered to the TrusteeTrustee (along with a copy of the resolutions of the board of directors of the Issuer authorizing the Additional Notes), the following information:
(1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.08 4.03 that the Issuers are Issuer is relying upon on to issue such Additional Notes; and
(2) the issue price, the issue date date, the Common Code and the CUSIP number ISIN of such Additional Notes.
Appears in 2 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)
Issuance of Additional Notes. (a) After the date hereofIssue Date, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.084.03, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to as the Initial NotesNotes issued on the Issue Date, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer to Purchase.
(b) With respect to any Additional Notes, the Issuers shall set forth in a resolution of the Board Resolution of Directors and an Officers’ ' Certificate, 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 and the provision of Section 4.08 4.03 that the Issuers are relying upon on to issue such Additional Notes; and;
(2) the issue price, the issue date and the CUSIP number of such Additional Notes.; and
(3) whether such Additional Notes shall be Initial Notes or shall be issued in the form of Exchange Notes as set forth in Exhibit A.
Appears in 2 contracts
Samples: Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)
Issuance of Additional Notes. (a) After the date hereof, the The Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.084.09, to issue Additional Notes under this Indenture, Indenture which Additional Notes shall have identical terms to as the Initial Notes, other than with respect to the date of issuance issuance, issue price and the issue pricedate from which interest begins to accrue. All the The Initial Notes, any Additional Notes issued under this Indenture will shall be treated as a single class for all purposes of under this Indenture including Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and any Offer offers to Purchase.
(b) purchase. With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and an Officers’ Certificate, 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 and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional Notes; andIndenture;
(2) the issue price, the issue issuance date of such Additional Notes and the CUSIP number and any corresponding ISIN of such Additional Notes; and
(3) any applicable transfer restrictions with respect to such Additional Notes.
Appears in 2 contracts
Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)
Issuance of Additional Notes. (a) After the date hereof, the The Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.084.09, to issue Additional Notes under this Indenture, Indenture which Additional Notes shall have identical terms to as the Initial Notes, other than with respect to the date of issuance issuance, issue price and the issue pricedate from which interest begins to accrue. All the The Initial Notes issued under this Indenture will and any Additional Notes shall be treated as a single class for all purposes of under this Indenture including Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and any Offer offers to Purchase.
(b) purchase. With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and an Officers’ Certificate, 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 and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional Notes; andIndenture;
(2) the issue price, the issue issuance date of such Additional Notes and the CUSIP number and any corresponding ISIN of such Additional Notes; and
(3) any applicable transfer restrictions with respect to such Additional Notes.
Appears in 2 contracts
Samples: Indenture (Calumet, Inc. /DE), Indenture (Calumet Specialty Products Partners, L.P.)
Issuance of Additional Notes. (a) After the date hereofIssue Date, the Issuers Issuer shall be entitled, subject to their its compliance with the covenants contained in this Indenture, including Section 4.08, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to the Initial Notes, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer to Purchase.
(b) With respect to any Additional Notes, the Issuers Issuer shall set forth in a Board Resolution and the Issuer shall set forth in an Officers’ Officer’s Certificate, a copy of each of 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 and the provision of Section 4.08 that the Issuers are Issuer is relying upon to issue such Additional Notes; Notes; and
(2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 2 contracts
Samples: Indenture (RLJ Lodging Trust), Indenture (RLJ Lodging Trust)
Issuance of Additional Notes. (a) After the date hereofIssue Date, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.08, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to the Initial Notes, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer to Purchase.
(b) With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and the Company shall set forth in an Officers’ Officer’s Certificate, 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 and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional Notes; and
(2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 2 contracts
Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)
Issuance of Additional Notes. (a) After the date hereofIssue Date, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.084.09 hereof, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to as the Initial NotesNotes issued on the Issue Date, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer offers to Purchase.
(b) purchase. With respect to any Additional Notes, the Issuers each Issuer shall set forth in a Board Resolution board resolution and an Officers’ Certificate, 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 issued, authenticated and delivered pursuant to this Indenture and the provision of Section 4.08 that the Issuers are relying upon to issue Indenture. In authenticating such Additional Notes, and accepting the additional responsibilities under this Indenture in relation to such Additional Notes, the Trustee shall receive, and, subject to Section 7.01, shall be fully protected in relying upon: 001214-0006-16616731.1
(i) an executed supplemental indenture, if any; and
(2ii) the issue price, the issue date an Officers’ Certificate and the CUSIP number Opinion of such Additional NotesCounsel delivered in accordance with Section 12.04.
Appears in 1 contract
Samples: Indenture (Tesoro Corp /New/)
Issuance of Additional Notes. (a) After the date hereofIssue Date, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.08, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to the Initial Notes, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer to Purchase.
(b) With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and the Company shall set forth in an Officers’ Officer’s Certificate, a copy of each of 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 and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional Notes; and
Notes; and (2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 1 contract
Issuance of Additional Notes. (a) After the date hereofIssue Date, the Issuers Issuer shall be entitled, subject to their its compliance with the covenants contained in this Indenture, including Section 4.084.03, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to as the Initial NotesNotes issued on the Issue Date, other than with respect to the date of issuance and the issue price, even if the Additional Notes have a different amount of original issue discount for U.S. federal income tax purposes. All the Notes issued under this Indenture will shall be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer offers to Purchase.
(b) purchase. With respect to any Additional Notes, the Issuers Issuer shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Officer‟s Certificate, 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 and the provision of Section 4.08 4.03 that the Issuers are Issuer is relying upon on to issue such Additional Notes; and
(2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 1 contract
Samples: Indenture
Issuance of Additional Notes. (a) After the date hereof, the Issuers The Issuer shall be entitled, from time to time, subject to their its compliance with Section 4.09 and Section 4.12 hereof, without consent of the covenants contained in this Indenture, including Section 4.08Holders, to issue Additional Notes under this Indenture, which Additional Notes shall have Indenture with identical terms to as the Initial Notes, Notes other than with respect to (1) the date of issuance and issuance, (2) the issue price, (3) the amount of interest payable on the first interest payment date, initial interest accrual date and initial interest payment date and (4) any adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws). All the The Initial Notes and any Notes issued under this Indenture will as Additional Notes shall be treated as a single class for all purposes of under this Indenture including waivers, amendments, redemptions and any Offer to PurchaseIndenture.
(b) With respect to any Additional Notes, the Issuers Issuer shall set forth in a Board Resolution and an Officers’ CertificateCertificate pursuant to a resolution of the Board of Directors of the Issuer, a copy copies of each which shall be delivered to the Trustee, the following information:
(1) the The aggregate principal amount of such Notes constituting Additional Notes to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional NotesIndenture; and
(2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 1 contract
Issuance of Additional Notes. (a) After the date hereof, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.08, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to the Initial Notes, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer Offers to Purchase.
(b) With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and an Officers’ Certificate, 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 and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional Notes; and
(2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 1 contract
Samples: Indenture (MGM Growth Properties Operating Partnership LP)
Issuance of Additional Notes. (a) After the date hereof, the The Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.084.09, to issue Additional Notes under this Indenture, Indenture which Additional Notes shall have identical terms to as the Initial NotesNotes issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and the issue pricedate from which interest begins to accrue. All the The Initial Notes issued under this Indenture will on the Issue Date, and any Additional Notes shall be treated as a single class for all purposes of under this Indenture including Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and any Offer offers to Purchase.
(b) purchase. With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and an Officers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information:
(1i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional NotesIndenture; and
(2ii) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes.
Appears in 1 contract
Issuance of Additional Notes. (a) After the date hereof, the Issuers shall be entitled, subject to their compliance with the covenants contained in this Indenture, including Section 4.084.09, to issue Additional Notes under this Indenture, which Additional Notes shall have identical terms to the Initial Notes, other than with respect to the date of issuance and the issue price. All the Notes issued under this Indenture will be treated as a single class for all purposes of this Indenture including waivers, amendments, redemptions and any Offer Offers to Purchase.
(b) With respect to any Additional Notes, the Issuers shall set forth in a Board Resolution and an Officers’ ' Certificate, a copy of each which shall be delivered to the Trustee, the following information:
(1) i. the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.08 4.09 that the Issuers are relying upon to issue such Additional Notes; and
(2) ii. the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 1 contract
Samples: Indenture (Cincinnati Bell Inc)
Issuance of Additional Notes. (a) After the date hereof, the Issuers The Company shall be entitled, subject to their its compliance with the covenants contained in this Indenture, including Section 4.084.09, to issue Additional Notes under this Indenture, Indenture which Additional Notes shall have identical terms to as the Initial NotesNotes issued on the Issue Date, other than with respect to the date of issuance and the issue price. All the The Notes issued under this Indenture will on the Issue 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 of under this Indenture including Indenture, including, without limitation, waivers, consents, directions, declarations, amendments, redemptions and any Offer offers to Purchase.
(b) purchase. With respect to any Additional Notes, the Issuers Company shall set forth in a Board Resolution and an Officers’ Certificate, 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 and the provision of Section 4.08 that the Issuers are relying upon to issue such Additional Notes; andIndenture;
(2) the issue price, the issue date and the CUSIP number and any corresponding ISIN of such Additional Notes; and
(3) whether such Additional Notes shall be Transfer Restricted Securities.
Appears in 1 contract