Common use of Issuance Period Clause in Contracts

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 6 contracts

Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.), Note Purchase and Private Shelf Agreement (Twin Disc Inc), Private Shelf Agreement (Corn Products International Inc)

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Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of of: (i) the third anniversary of the date of this Agreement (or if the date of any such anniversary is not a Business Day, the Business Day next preceding such anniversary), , (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), , (iii) the The last Closing Day after which there is no Available Facility Amount, , (iv) the The termination of the Facility under paragraph 7A of this Agreement7, and and (v) the The acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc.), Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc.)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary date is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th thirtieth day after Prudential MetLife shall have given to the Company, or the Company shall have given to PrudentialMetLife, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 12 of this Agreement, Agreement and (v) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 2 contracts

Samples: Multicurrency Note Purchase and Private Shelf Agreement (Idexx Laboratories Inc /De), Multicurrency Note Purchase and Private Shelf Agreement (Idexx Laboratories Inc /De)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i1) the third anniversary of the date of this Agreement Effective Date (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii2) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii3) the last Closing Day after which there is no Available Facility Amount, (iv4) the termination of the Facility under paragraph 7A Section 12 of this Agreement, and (v5) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period..

Appears in 2 contracts

Samples: Second Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co), Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co)

Issuance Period. Private Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement July 30, 2024 (or if the such date of such anniversary is not a New York Business Day, the New York Business Day next preceding such anniversarydate), ; (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Private Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a New York Business Day, the New York Business Day next preceding such 30th thirtieth day), (iii) the last Private Shelf Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Private Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase Agreement (Franklin Electric Co Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next 2 preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 12 of this Agreement, and (v) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Wausau Paper Corp.)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement Restatement Date (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement February 12, 2016 (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential NYLIM shall have given to the Company, or the Company shall have given to PrudentialNYLIM, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”. (d) Paragraph 6A(2) of the Note Agreement is hereby amended by replacing such Paragraph in its entirety with the following:

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Nordson Corp)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i1) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii2) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii3) the last Closing Day after which there is no Available Facility Amount, (iv4) the termination of the Facility under paragraph 7A Section 12 of this Agreement, and (v5) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period..

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Modine Manufacturing Co)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of of: (i) the third anniversary of the date of this Agreement (or if the date of any such anniversary is not a Business Day, the Business Day next preceding such anniversary), , (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), , (iii) the The last Closing Day after which there is no Available Facility Amount, , (iv) the The termination of the Facility under paragraph 7A of this Agreement7, and and (v) the The acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the Issuance Period.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc/)

Issuance Period. Shelf The Additional Notes may be issued and sold pursuant to this Agreement until the earlier earliest of (i) the third anniversary of the date of this Agreement (or August 2, 2021, if the date as of such anniversary is not a Business Day, the Business Day next preceding date less than $50,000,000 of Series A Notes shall have been issued on or prior to such anniversary)date, (ii) February 3, 2022, (iii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, the Purchasers a written notice stating that it elects the Company has elected to terminate the issuance and sale of Shelf Notes Additional Note Facility pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), (iiiiv) the last Closing Day after which there is no remaining Available Facility Amount, (ivv) the termination of the Additional Note Facility under paragraph 7A Section 12 of this Agreement, Agreement and (vvi) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Additional Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period..

Appears in 1 contract

Samples: Note Purchase Agreement (Barings BDC, Inc.)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day Date after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 12.1 of this Agreement, and (v) the acceleration of any Shelf Note under paragraph 7A Section 12.1 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Schawk Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of of: (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), , (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), , (iii) the last Closing Day after which there is no Available Facility Amount, , (iv) the termination of the Facility under paragraph 7A of this Agreement7A, and and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”"ISSUANCE PERIOD".

Appears in 1 contract

Samples: Private Shelf Agreement (Watsco Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement Effective Date (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), or in the case of notice given by the Company to Prudential, such earlier date as is acceptable to Prudential in its sole discretion), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under pursuant to paragraph 7A of this Agreement, and (viv) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Amended and Restated Note Purchase and Private Shelf Agreement (Oil-Dri Corp of America)

Issuance Period. Private Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement May 28, 2018 (or if the such date of such anniversary is not a New York Business Day, the New York Business Day next preceding such anniversarydate), ; (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Private Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a New York Business Day, the New York Business Day next preceding such 30th thirtieth day), (iii) the last Private Shelf Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Private Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase Agreement (Franklin Electric Co Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary date is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, Section 12 and (v) the acceleration of any Note under paragraph 7A of this AgreementSection 12. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Allient Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility 2 Amount, (iv) the termination of the Facility under paragraph 7A Section 12 of this Agreement, and (v) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Wausau Paper Corp.)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of of: (i) the third second anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), , (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), , (iii) the last Closing Day after which there is no Available Facility Amount, , (iv) the termination of the Facility under paragraph 7A of this Agreement7, and and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement agreement is herein called the "Issuance Period".

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Ruddick Corp)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day Date after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A §6.3 of this Agreement, and (v) the acceleration of any Note under paragraph 7A §6.3 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Universal Forest Products Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of of: (i) the third anniversary of the date of this Agreement (or if the date of any such anniversary is not a Business Day, the Business Day next preceding such anniversary), , (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), , (iii) the The last Closing Day after which there is no Available Facility Amount, , (iv) the The termination of the Facility under paragraph 7A of this Agreement7, and and (v) the The acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the "Issuance Period".

Appears in 1 contract

Samples: Private Shelf Facility Agreement (Stanley Furniture Co Inc/)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary date is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), (iii) the last Closing Day after for which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 12 of this Agreement, Agreement and (v) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Ramco Gershenson Properties Trust)

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Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement September 30, 2018 (or if the such date of such anniversary is not a Business Day, the Business Day next preceding such anniversarydate), (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), (iii) the last Closing Day after for which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 12 of this Agreement, Agreement and (v) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase Agreement (RPT Realty)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the CompanyIssuer, or the Company Issuer shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 12.1 of this Agreement, and (viv) the acceleration of any Note under paragraph 7A Section 12.1 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Davey Tree Expert Co)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Shelf Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Private Shelf Agreement (Tennant Co)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement August 31, 2010 (or if the such date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential Xxxxxxx shall have given to the Company, or the Company shall have given to PrudentialXxxxxxx, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 11 of this Agreement, and (v) the acceleration of any Note under paragraph 7A Section 11 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period..

Appears in 1 contract

Samples: Private Shelf Agreement (CHS Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of of: (i) the third second anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), , (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), , (iii) the last Closing Day after which there is no Available Facility Amount, , (iv) the termination of the Facility under paragraph 7A of this Agreement7A, and and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the "Issuance Period".

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Waste Industries Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th day after Prudential shall have given to the CompanyCo-Issuers, or the Company Co-Issuers shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the "Issuance Period".

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Cedar Fair L P)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of of: (i) the third second anniversary of the date of this Agreement (or if the date of any such anniversary is not a Business Day, the Business Day next preceding such anniversary), ; and (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), ; (iii) the last Closing Day after which there is no Available Facility Amount, ; (iv) the termination of the Facility under paragraph 7A of this Agreement, and 7A; and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”"ISSUANCE PERIOD".

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Gold Kist Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement Restatement Date (or if the date of such anniversary date is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 12 of this Agreement, Agreement and (v) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Multi Currency Note Purchase and Private Shelf Agreement (Idexx Laboratories Inc /De)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of of: (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), , (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), , (iii) the last Closing Day after which there is no Available Facility Amount, , (iv) the termination of the Facility under paragraph 7A of this Agreement7A, and and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the "Issuance Period".

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Waste Industries Inc)

Issuance Period. Private Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement May 15, 2027 (or if the such date of such anniversary is not a New York Business Day, the New York Business Day next preceding such anniversarydate), ; (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Private Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a New York Business Day, the New York Business Day next preceding such 30th thirtieth day), (iii) the last Private Shelf Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Private Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Franklin Electric Co Inc)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary date is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A Section 12 of this Agreement, Agreement and (v) the acceleration of any Note under paragraph 7A Section 12 of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Idexx Laboratories Inc /De)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement August 23, 2022 (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversarydate), (ii) the 30th day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it Prudential or the Company, as applicable, elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th day is not a Business Day, the Business Day next preceding such 30th day), (iii) the last Closing Day after which there is no Available Facility Amount, (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Note Purchase and Exchange Agreement (Worthington Enterprises, Inc.)

Issuance Period. Shelf Notes may be issued and sold pursuant to this Agreement until the earlier of (i) the third anniversary of the date of this Agreement (or if the date of such anniversary is not a Business Day, the Business Day next preceding such anniversary), (ii) the 30th thirtieth day after Prudential shall have given to the Company, or the Company shall have given to Prudential, a written notice stating that it elects to terminate the issuance and sale of Shelf Notes pursuant to this Agreement (or if such 30th thirtieth day is not a Business Day, the Business Day next preceding such 30th thirtieth day), (iii) the last Closing Day after which there is no Available Facility Amount, and (iv) the termination of the Facility under paragraph 7A of this Agreement, and (v) the acceleration of any Note under paragraph 7A of this Agreement. 7A. The period during which Shelf Notes may be issued and sold pursuant to this Agreement is herein called the “Issuance Period”.

Appears in 1 contract

Samples: Senior Secured Promissory Notes Agreement (Hilb Rogal & Hobbs Co)

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