Common use of Issuance of Additional Securities Clause in Contracts

Issuance of Additional Securities. After the Issue Date, the Issuer shall be entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer shall set forth in a Board Resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the Issuer, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional Securities; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities.

Appears in 6 contracts

Samples: Indenture (Light & Wonder, Inc.), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

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Issuance of Additional Securities. After the Issue Date, the Issuer shall be entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer shall set forth in a Board Resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the Issuer, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional Securities; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities.; and

Appears in 3 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Issuance of Additional Securities. After the Issue Date, the Issuer The Company shall be entitled, subject to its compliance with Section 4.044.03, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Additional Notes will bear any legend required by applicable law. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. Notwithstanding anything to the contrary in this Indenture or Appendix A, including waivers, amendments, redemptions any issuance of Additional Securities after the Issue Date shall be in a principal amount of at least $2,000 and offers to purchaseintegral multiples of $1,000 in excess of $2,000. With respect to any Additional Securities, the Issuer Company shall set forth in a Board Resolution resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the IssuerOfficers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional SecuritiesIndenture; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities; provided, however, that no Additional Securities may be issued at a price that would cause such Additional Securities to have “original issue discount” within the meaning of Section 1273 of the Code.

Appears in 3 contracts

Samples: Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)

Issuance of Additional Securities. After the Issue Date, the Issuer The Company shall be entitled, subject to its compliance with Section 4.04, entitled to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as Securities of a series previously issued under this Indenture (the Securities issued on the Issue Date“Original Securities”), other than with respect to the date of issuance issuance, and in some cases the issue priceprice and the first interest payment date, either of which may differ from the respective terms of the Original Securities (“Additional Securities”). The Additional Securities issued on the Issue Date will bear any legend required by applicable law. Such Original Securities and any Additional Securities shall be treated as a single class series for all purposes under this Indenture. Notwithstanding anything to the contrary in this Indenture, including waivers, amendments, redemptions any issuance of Additional Securities after the date hereof shall be in a principal amount of at least $2,000 and offers to purchaseintegral multiples of $1,000 in excess of $2,000. With respect to any Additional Securities, the Issuer Company shall set forth in a Board Resolution resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the IssuerOfficers’ Certificate, a copy of each which shall be delivered to the TrusteeTrustee or established in one or more indentures supplemental thereto, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional SecuritiesIndenture; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities.

Appears in 2 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Issuance of Additional Securities. After the Issue Date, the Issuer The Issuers shall be entitled, from time to time, subject to its compliance with Section 4.044.09 and Section 4.12 hereof, without consent of the Holders, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have with identical terms as the Securities issued on the Issue Date, Notes other than with respect to (i) the date of issuance and issuance, (ii) the issue price, (iii) the amount of interest payable on the first interest payment date, initial interest accrual date and initial interest payment date and (iv) any adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws). The Securities issued on the Issue Date Initial Notes and any Notes issued as Additional Securities shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer Issuers shall set forth in an Officers’ Certificate pursuant to a Board Resolution resolution of the Board of Directors of the Issuer and an Officer’s Certificate each of the IssuerIssuers, a copy copies of each which shall be delivered to the Trustee, the following information: (1) The number of Notes to be issued as Additional Securities and the aggregate principal amount of such Notes constituting Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional SecuritiesIndenture; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities.

Appears in 2 contracts

Samples: Indenture (Radio One, Inc.), Indenture (Radio One, Inc.)

Issuance of Additional Securities. After the Issue Date, the Issuer shall be entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer shall set forth in a Board Resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the Issuer, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional Securities; and (2) the issue price, the issue date and the CUSIP ISIN or Common Code number of such Additional Securities.

Appears in 2 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Issuance of Additional Securities. After the Issue Date, the Issuer shall be entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer shall set forth in a Board Resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the Issuer, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional Securities; Securities; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities.

Appears in 2 contracts

Samples: Indenture, Indenture

Issuance of Additional Securities. After the Issue Date, the Issuer The Company shall be entitled, subject to its compliance with Section 4.04, entitled to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as Securities of a series previously issued under this Indenture (the Securities issued on the Issue Date“Original Securities”), other than with respect to the date of issuance issuance, and in some cases, the issue priceprice and the first interest payment date, either of which may differ from the respective terms of the Original Securities (“Additional Securities”). The Additional Securities issued on the Issue Date will bear any legend required by applicable law. Such Original Securities and any Additional Securities shall be treated as a single class series for all purposes under this Indenture. Notwithstanding anything to the contrary in this Indenture, including waivers, amendments, redemptions any issuance of Additional Securities after the date hereof shall be in a principal amount of at least $2,000 and offers to purchaseintegral multiples of $1,000 in excess of $2,000. With respect to any Additional Securities, the Issuer Company shall set forth in a Board Resolution resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the IssuerOfficers’ Certificate, a copy of each which shall be delivered to the TrusteeTrustee or established in one or more indentures supplemental thereto, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional SecuritiesIndenture; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities.

Appears in 2 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Issuance of Additional Securities. After the Issue Date, the Issuer Company shall be entitled, subject to its compliance with Section 4.044.03 and Section 4.09, to issue Additional Securities under this Indenture in an unlimited aggregate principal amountIndenture, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Securities issued on and the Issue Date and any Additional Securities Securities, if any, shall be treated as a single class for all purposes under of this Indenture, including waivers, amendments, redemptions and offers to purchase; provided, however, that in the event that any Additional Securities are not fungible with the Securities for U.S. Federal income tax purposes, such nonfungible Additional Securities, if they are Global Securities, shall be issued with a separate CUSIP or ISIN number so that they are distinguishable from the Securities. With respect to any Additional Securities, the Issuer Company shall set forth in a Board Resolution resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the IssuerOfficers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 4.03 and Section 4.09 that the Issuer Company is relying on to issue such Additional Securities; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities.

Appears in 1 contract

Samples: Indenture (LSB Industries Inc)

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Issuance of Additional Securities. After the Issue Date, the Issuer The Issuers shall be entitled, from time to time, subject to its compliance with Section 4.044.09 and Section 4.12 hereof, without consent of the Holders, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have with identical terms as the Securities issued on the Issue Date, Notes other than with respect to (i) the date of issuance and issuance, (ii) the issue price, (iii) the amount of interest payable on the first interest payment date, initial interest accrual date and initial interest payment date and (iv) any adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws). The Securities issued on the Issue Date Initial Notes and any Notes issued as Additional Securities shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer Issuers shall set forth in an Officers’ Certificate pursuant to a Board Resolution resolution of the Board of Directors of the Issuer and an Officer’s Certificate each of the IssuerIssuers, a copy copies of each which shall be delivered to the Trustee, the following information: (1) The number of Units to be issued as Additional Securities and the aggregate principal amount of such Notes constituting Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional SecuritiesIndenture; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities.

Appears in 1 contract

Samples: Indenture (Primus Telecommunications Group Inc)

Issuance of Additional Securities. After the Issue Date, the Issuer The Company shall be entitled, subject to its compliance with Section 4.044.03, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance issuance, issue price and issue pricefirst semi annual accretion or interest payment date. The Initial Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer Company shall set forth in a Board Resolution resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the IssuerOfficers' Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount at maturity of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional Securities; andIndenture; (2) the issue price, the issue date, the first semi annual accretion date and the CUSIP number and corresponding ISIN of such Additional Securities, if any; and (3) whether such Additional Securities shall be Transfer Restricted Securities and issued in the form of Securities as set forth in the Appendix to this Indenture.

Appears in 1 contract

Samples: Indenture (Buffets Holdings, Inc.)

Issuance of Additional Securities. After the Issue Date, the Issuer Company shall be entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and Date, any Additional Securities and all Exchange Securities issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer Company shall set forth in a Board Resolution of the Board of Directors of the Issuer Company and an Officer’s Officers’ Certificate of the IssuerCompany, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer Company is relying on to issue such Additional Securities; and; (2) the issue price, the issue date and the CUSIP number of such Additional Securities.; and (3) whether such Additional Securities shall be Initial Securities or shall be issued in the form of Exchange Securities as set forth in Exhibit 2 to Appendix A.

Appears in 1 contract

Samples: Indenture (Scientific Games Corp)

Issuance of Additional Securities. After the Issue Date, the Issuer The Company shall be entitledentitled to issue, subject from time to its compliance with Section 4.04time, to issue Additional Securities under this Indenture solely in an unlimited aggregate principal amountconnection with a Steering Committee Change in Control pursuant to Section 3.9(a) hereof and solely in the amount provided in pursuant to Section 3.9(a), which Securities shall have identical terms as the Initial Securities issued on the Issue Date, Date (other than with respect to the date of issuance issuance, issue price and issue priceamount of interest payable on the first payment date applicable thereto). The Initial Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer Company shall set forth in a Board Resolution resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the IssuerOfficers’ Certificate, a copy of each which shall be delivered to the Trustee, the following information: (1i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional SecuritiesIndenture; and (2ii) the issue price, the issue date and the CUSIP “CUSIP” and “ISIN” number of any such Additional SecuritiesSecurities and the amount of interest payable on the first payment date applicable thereto.

Appears in 1 contract

Samples: Indenture (NBC Acquisition Corp)

Issuance of Additional Securities. After the Issue Date, the Issuer shall be entitled, subject to its compliance with Section 4.04, to issue Additional Securities under this Indenture in an unlimited aggregate principal amount, which Securities shall have identical terms as the Initial Securities issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Securities, the Issuer shall set forth in a Board Resolution of the Board of Directors of the Issuer and an Officer’s Certificate of the Issuer, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Indenture and the provision of Section 4.04 that the Issuer is relying on to issue such Additional Securities; and (2) the issue price, the issue date and the CUSIP number of such Additional Securities.

Appears in 1 contract

Samples: Indenture (Scientific Games Corp)

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