Issuance of CP Notes Sample Clauses

Issuance of CP Notes. (a) In the event the Borrower, in its discretion, decides from time to time to issue CP Notes, it shall execute such CP Notes and deliver same to the Depositary for completion and delivery, all in accordance with the terms of the Depositary Agreement. Notwithstanding the foregoing, CP Notes shall not be issued if the Depositary would be prohibited from authenticating and delivering such CP Notes pursuant to the Depositary Agreement. (b) The Borrower shall not issue any CP Notes if (i) the interest thereon or the discount from the face value amount thereof would be in excess of the maximum rate permitted by applicable law, or (ii) at the time of such issuance, the Borrower would not be able to satisfy the conditions to the making of Loans set forth in paragraphs (a) or (b) of Section 5.2. (c) Subject to the terms and condition hereof, each Lender agrees that it shall not give, and shall not cause the Administrative Agent to give, any instructions to cease issuing CP Notes so long as (i) the Program Termination Date shall not have occurred, (ii) notice of termination shall not have been given by the Borrower under Section 2.5, and (iii) each of the applicable conditions precedent set forth in clause (b) above shall have been satisfied at the time such CP Notes are issued.
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Issuance of CP Notes. (a) The Borrower has, pursuant to the Depositary Agreement, authorized and directed the Depositary to act as its issuing and paying agent for the issuance, delivery and payment of CP Notes. (i) So long as neither the Borrower nor the Depositary is in receipt of unrevoked instructions from the Administrative Agent (upon instructions from the Majority Banks) or from the Issuing Bank, given in accordance with this Section 2.2 and the Depositary Agreement (or from the Borrower in accordance with Section 2.9(a)), not to issue or deliver CP Notes because: (A) the conditions precedent specified in Article V with respect to Extensions of Credit have not been satisfied; (B) the Commitments have, or the Issuing Bank's obligation to issue and maintain the Letter of Credit has, been terminated or canceled pursuant hereto; (C) the Outstanding Extensions of Credit exceed or, after giving effect to the issuance of CP Notes and the application of the proceeds thereof, would exceed the sum of the Commitments as then in effect; (D) the issuance of CP Notes is for the time being prohibited by the provisions of Sections 2.6 or 2.9; or (E) the Commitments have been reduced, effective on the maturity of CP Notes outstanding, and the Face Amount of CP Notes to be issued on such maturity date is not in an amount equivalent to or less than the Commitments as so reduced; the Borrower shall have the right from time to time to issue and sell CP Notes pursuant to and in accordance with this Agreement and the Depositary Agreement. Any instructions from the Issuing Bank or the Administrative Agent (or the Borrower) to the Borrower or the Depositary in accordance with this Section 2.2(b) shall only be given if there has occurred, and shall specify as being the reason(s) to cease issuing and delivering CP Notes, one or more of the events described above, and a copy of such instructions shall be sent simultaneously to the Issuing Bank, the Administrative Agent, the Banks, the Dealers, the Borrower and the Depositary. (ii) If the Issuing Bank or the Administrative Agent (or the Borrower) shall, as permitted by Section 2.2(b)(i) and the Depositary Agreement, instruct the Borrower or the Depositary not to issue or deliver CP Notes, then the Borrower and the Depositary shall not thereafter, until such instructions are revoked by the Issuing Bank or the Administrative Agent (or the Borrower), as the case may be, issue or deliver any CP Note; provided, however, that the Depositary may be require...
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Related to Issuance of CP Notes

  • Issuance of Notes The Owner Trustee is hereby authorized and directed on behalf of the Trust to execute, issue and deliver the Notes pursuant to the Indenture.

  • Issuance of Bonds Subject to the satisfaction of and compliance with all of the provisions, covenants and requirements of this Agreement, in order to provide funds for the payment of the Project Costs, the Issuer has authorized the issuance and delivery of the Bonds to the Initial Purchaser in accordance with the Indenture.

  • Issuance of Debt On the date of receipt by Holdings or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), the Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

  • Original Issuance of Notes 3 Section 2.01 Form..............................................................................3 Section 2.02 Execution, Authentication and Delivery............................................3 Section 2.03

  • 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: (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 number and any corresponding ISIN of such Additional Notes; and (3) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of Initial Notes as set forth in Exhibit 1 to the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit A to the Appendix.

  • Issuance of the Bonds The Authority shall issue the Bonds under and in accordance with the Indenture, subject to the provisions of the bond purchase agreement among the Authority, the initial purchaser or purchasers of the Bonds and the Company. The Company hereby approves the issuance of the Bonds and all terms and conditions thereof.

  • Issuance of Additional Securities Such Grantor will not permit or suffer the issuer of an Equity Interest constituting Pledged Collateral owned by it to issue additional Equity Interests, any right to receive the same or any right to receive earnings, except to such Grantor.

  • Issuance of Commitment Shares In consideration for the Investor’s execution and delivery of this Agreement, the Company shall cause to be issued to the Investor a total of 943,396 shares of Common Stock (the “Commitment Shares”) immediately upon the execution of this Agreement and shall deliver to the Transfer Agent the Irrevocable Transfer Agent Instructions with respect to the issuance of such Commitment Shares. For the avoidance of doubt, all of the Commitment Shares shall be fully earned as of the date of this Agreement, whether or not the Commencement shall occur or any Purchase Shares are purchased by the Investor under this Agreement and irrespective of any subsequent termination of this Agreement.

  • Issuance of Note Subject to all of the terms and conditions hereof, the Company agrees to issue and sell to the Investor, and the Investor agrees to purchase from the Company, a Note in the principal amount set forth opposite such Investor’s name on the signature page hereto.

  • Issuance of Payments Payments shall be delivered as follows: (i) All payments owed to Xxxxxxxx, pursuant to § 3.1 shall be delivered to the following payment address: Xxxx X. Xxxxx, Esquire Xxxxxxx & Xxxxx, LLC Xxx Xxxx Xxxxx, Xxxxx 000 Xxxx Xxxxxx, XX 00000 (ii) All payments owed to OEHHA (EIN: 00-0000000), pursuant to § 3.1 shall be delivered directly to OEHHA (Memo Line “Prop 65 Penalties”) at the following addresses: For United States Postal Service Delivery: Xxxx Xxxxxxx Fiscal Operations Branch Chief Office of Environmental Health Hazard Assessment X.X. Xxx 0000 Xxxxxxxxxx, XX 00000-0000 For Non-United States Postal Service Delivery: Xxxx Xxxxxxx Fiscal Operations Branch Chief Office of Environmental Health Hazard Assessment 0000 X Xxxxxx Xxxxxxxxxx, XX 00000

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