Common use of Issuances of Additional Notes Clause in Contracts

Issuances of Additional Notes. (a) From time to time during the Series 2005-1 Revolving Period, RCFC may, subject to the conditions set forth in clause (b) below, issue Additional Notes which will be identical in all respects to the other Series 2005-1 Notes and will be equitably and ratably entitled to the benefits of the Indenture without preference, priority or distinction. (b) Additional Notes may be issued only upon satisfaction of the following conditions: (i) after giving effect to the issuance of such Additional Notes, no Series 2005-1 Enhancement Deficiency or Asset Amount Deficiency will exist; (ii) if (x) Additional Notes are to be issued on or prior to the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, the Trustee shall have received confirmation from each Rating Agency rating the Series 2005-1 Notes that the issuance of such Additional Notes will not result in the reduction or withdrawal of the then current rating of the Series 2005-1 Notes and any non-public ratings issued by Standard & Poor’s, Xxxxx’x and Fitch to the Series 2005-1 Insurer or (y) Additional Notes are to be issued after the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, each Rating Agency rating the Series 2005-1 Notes shall have notified RCFC, the Trustee and any Enhancement Provider in writing as to the rating issued by such Rating Agency to the Additional Notes; (iii) the Series 2005-1 Insurer has consented to such issuance of Additional Notes and agrees to insure the Additional Notes under the Series 2005-1 Policy; (iv) the excess of the principal amount of the Additional Notes over their issue price will not exceed the maximum amount permitted under the Code without the creation of original issue discount; (v) the Trustee shall have received an Opinion of Counsel to the effect that (A) the Additional Notes will be characterized as indebtedness of RCFC for federal, state and local income and franchise tax purposes, and (B) the issuance of Additional Notes will not adversely affect the characterization of the Series 2005-1 Notes as debt; and (vi) no Amortization Event (or event which, with the passage of time, the giving of notice or both, would become an Amortization Event) shall have occurred which is continuing or would result from the issuance of such Additional Notes.

Issuances of Additional Notes. (a) (a) From time to time during the Series 20052001-1 Revolving Period, RCFC may, subject to the conditions set forth in clause (b) below, issue Additional Notes which will be identical in all respects to the other Series 20052001-1 Notes and will be equitably and ratably entitled to the benefits of the Indenture without preference, priority or distinction. (b) Additional Notes may be issued only upon satisfaction of the following conditions: (i) after giving effect to the issuance of such Additional Notes, no Series 20052001-1 Enhancement Deficiency or Asset Amount Deficiency will exist; (ii) if (x) Additional Notes are to be issued on or prior to the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, the Trustee shall have received confirmation from each Rating Agency rating the Series 20052001-1 Notes that the issuance of such Additional Notes will not result in the reduction or withdrawal of the then current rating of the Series 20052001-1 Notes and any non-public ratings issued by Standard & Poor’s's, Xxxxx’x Moody's and Fitch to the Series 20052001-1 Insurer or (y) Additional Notes are to be issued after the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, each Rating Agency rating the Series 2005-1 Notes shall have notified RCFC, the Trustee and any Enhancement Provider in writing as to the rating issued by such Rating Agency to the Additional NotesInsurer; (iii) the Series 20052001-1 Insurer has consented to such issuance of Additional Notes and agrees to insure the Additional Notes under the Series 20052001-1 Policy; (iv) the excess of the principal amount of the Additional Notes over their issue price will not exceed the maximum amount permitted under the Code without the creation of original issue discount; (v) the Trustee shall have received an Opinion opinion of Counsel counsel to the effect that (A) the Additional Notes will be characterized as indebtedness of RCFC the Issuer for federal, state and local income and franchise tax purposes, and (B) the issuance of Additional Notes will not adversely affect the characterization of the Series 20052001-1 Notes as debt; and (vi) no Amortization Event (or event which, with the passage of time, the giving of notice or both, would become an Amortization Event) shall have occurred which is continuing or would result from the issuance of such Additional Notes.

Issuances of Additional Notes. (a) From time to time during the Series 20052006-1 Revolving Period, RCFC may, subject to the conditions set forth in clause (b) below, issue Additional Notes which will be identical in all respects to the other Series 20052006-1 Notes and will be equitably and ratably entitled to the benefits of the Indenture without preference, priority or distinction. (b) Additional Notes may be issued only upon satisfaction of the following conditions: (i) after giving effect to the issuance of such Additional Notes, no Series 20052006-1 Enhancement Deficiency or Asset Amount Deficiency will exist; (ii) if (x) Additional Notes are to be issued on or prior to the date which is sixty (60) days after the date of the initial issuance of the Series 20052006-1 Notes, the Trustee shall have received confirmation from each Rating Agency rating the Series 20052006-1 Notes that the issuance of such Additional Notes will not result in the reduction or withdrawal of the then current rating of the Series 20052006-1 Notes and any non-public ratings issued by Moody’s, Standard & Poor’s, Xxxxx’x ’s and Fitch to the Series 20052006-1 Insurer or (y) Additional Notes are to be issued after the date which is sixty (60) days after the date of the initial issuance of the Series 20052006-1 Notes, each Rating Agency rating the Series 20052006-1 Notes shall have notified RCFC, the Trustee and any Enhancement Provider in writing as to the rating issued by such Rating Agency to the Additional Notes; (iii) the Series 20052006-1 Insurer has consented to such issuance of Additional Notes and agrees to insure the Additional Notes under the Series 20052006-1 Policy; (iv) the excess of the principal amount of the Additional Notes over their issue price will not exceed the maximum amount permitted under the Code without the creation of original issue discount; (v) the Trustee shall have received an Opinion of Counsel to the effect that (A) the Additional Notes will be characterized as indebtedness of RCFC for federal, state and local income and franchise tax purposes, and (B) the issuance of Additional Notes will not adversely affect the characterization of the Series 20052006-1 Notes as debt; and (vi) no Amortization Event (or event which, with the passage of time, the giving of notice or both, would become an Amortization Event) shall have occurred which is continuing or would result from the issuance of such Additional Notes.

Issuances of Additional Notes. (a) From time to time during the Series 20052003-1 Revolving Period, RCFC may, subject to the conditions set forth in clause (b) below, issue Additional Notes which will be identical in all respects to the other Series 20052003-1 Notes and will be equitably and ratably entitled to the benefits of the Indenture without preference, priority or distinction. (b) Additional Notes may be issued only upon satisfaction of the following conditions: (i) after giving effect to the issuance of such Additional Notes, no Series 20052003-1 Enhancement Deficiency or Asset Amount Deficiency will exist; (ii) if (x) Additional Notes are to be issued on or prior to the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, the Trustee shall have received confirmation from each Rating Agency rating the Series 20052003-1 Notes that the issuance of such Additional Notes will not result in the reduction or withdrawal of the then current rating of the Series 20052003-1 Notes and any non-public ratings issued by Standard & Poor’s's, Xxxxx’x Moody's and Fitch to the Series 20052003-1 Insurer or (y) Additional Notes are to be issued after the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, each Rating Agency rating the Series 2005-1 Notes shall have notified RCFC, the Trustee and any Enhancement Provider in writing as to the rating issued by such Rating Agency to the Additional NotesInsurer; (iii) the Series 20050000-1 0 Insurer has consented to such issuance of Additional Notes and agrees to insure the Additional Notes under the Series 20052003-1 Policy; (iv) the excess of the principal amount of the Additional Notes over their issue price will not exceed the maximum amount permitted under the Code without the creation of original issue discount; (v) the Trustee shall have received an Opinion of Counsel to the effect that (A) the Additional Notes will be characterized as indebtedness of RCFC for federal, state and local income and franchise tax purposes, and (B) the issuance of Additional Notes will not adversely affect the characterization of the Series 20052003-1 Notes as debt; and (vi) no Amortization Event (or event which, with the passage of time, the giving of notice or both, would become an Amortization Event) shall have occurred which is continuing or would result from the issuance of such Additional Notes.

Issuances of Additional Notes. (a) From time to time during the Series 20052004-1 Revolving Period, RCFC may, subject to the conditions set forth in clause (b) below, issue Additional Notes which will be identical in all respects to the other Series 20052004-1 Notes and will be equitably and ratably entitled to the benefits of the Indenture without preference, priority or distinction. (b) Additional Notes may be issued only upon satisfaction of the following conditions: (i) after giving effect to the issuance of such Additional Notes, no Series 20052004-1 Enhancement Deficiency or Asset Amount Deficiency will exist; (ii) if (x) Additional Notes are to be issued on or prior to the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, the Trustee shall have received confirmation from each Rating Agency rating the Series 20052004-1 Notes that the issuance of such Additional Notes will not result in the reduction or withdrawal of the then current rating of the Series 20052004-1 Notes and any non-public ratings issued by Standard & Poor’s's, Xxxxx’x Moody's and Fitch to the Series 20052004-1 Insurer or (y) Additional Notes are to be issued after the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, each Rating Agency rating the Series 2005-1 Notes shall have notified RCFC, the Trustee and any Enhancement Provider in writing as to the rating issued by such Rating Agency to the Additional NotesInsurer; (iii) the Series 20052000-1 Insurer 0 Xnsurer has consented to such issuance of Additional Notes and agrees to insure the Additional Notes under the Series 20052004-1 Policy; (iv) the excess of the principal amount of the Additional Notes over their issue price will not exceed the maximum amount permitted under the Code without the creation of original issue discount; (v) the Trustee shall have received an Opinion of Counsel to the effect that (A) the Additional Notes will be characterized as indebtedness of RCFC for federal, state and local income and franchise tax purposes, and (B) the issuance of Additional Notes will not adversely affect the characterization of the Series 20052004-1 Notes as debt; and (vi) no Amortization Event (or event which, with the passage of time, the giving of notice or both, would become an Amortization Event) shall have occurred which is continuing or would result from the issuance of such Additional Notes.

Issuances of Additional Notes. (a) From time to time during the Series 20052007-1 Revolving Period, RCFC may, subject to the conditions set forth in clause (b) below, issue Additional Notes which will be identical in all respects to the other Series 20052007-1 Notes and will be equitably and ratably entitled to the benefits of the Indenture without preference, priority or distinction. (b) Additional Notes may be issued only upon satisfaction of the following conditions: (i) after giving effect to the issuance of such Additional Notes, no Series 20052007-1 Enhancement Deficiency or Asset Amount Deficiency will exist; (ii) if (x) Additional Notes are to be issued on or prior to the date which is sixty (60) days after the date of the initial issuance of the Series 20052007-1 Notes, the Trustee shall have received confirmation from each Rating Agency rating the Series 20052007-1 Notes that the issuance of such Additional Notes will not result in the reduction or withdrawal of the then current rating of the Series 20052007-1 Notes and any non-public ratings issued by Mxxxx’x, Standard & Poor’s, Xxxxx’x ’s and Fitch to the Series 20052007-1 Insurer or (y) Additional Notes are to be issued after the date which is sixty (60) days after the date of the initial issuance of the Series 20052007-1 Notes, each Rating Agency rating the Series 20052007-1 Notes shall have notified RCFC, the Trustee and any Enhancement Provider in writing as to the rating issued by such Rating Agency to the Additional Notes; (iii) the Series 20052007-1 Insurer has consented to such issuance of Additional Notes and agrees to insure the Additional Notes under the Series 20052007-1 Policy; (iv) the excess of the principal amount of the Additional Notes over their issue price will not exceed the maximum amount permitted under the Code without the creation of original issue discount; (v) the Trustee shall have received an Opinion of Counsel to the effect that (A) the Additional Notes will be characterized as indebtedness of RCFC for federal, state and local income and franchise tax purposes, and (B) the issuance of Additional Notes will not adversely affect the characterization of the Series 20052007-1 Notes as debt; and (vi) no Amortization Event (or event which, with the passage of time, the giving of notice or both, would become an Amortization Event) shall have occurred which is continuing or would result from the issuance of such Additional Notes.

Issuances of Additional Notes. (a) From time to time during the Series 20052002-1 Revolving Period, RCFC may, subject to the conditions set forth in clause (b) below, issue Additional Notes which will be identical in all respects to the other Series 20052002-1 Notes and will be equitably and ratably entitled to the benefits of the Indenture without preference, priority or distinction. (b) Additional Notes may be issued only upon satisfaction of the following conditions: (i) after giving effect to the issuance of such Additional Notes, no Series 20052002-1 Enhancement Deficiency or Asset Amount Deficiency will exist; (ii) if (x) Additional Notes are to be issued on or prior to the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, the Trustee shall have received confirmation from each Rating Agency rating the Series 20052002-1 Notes that the issuance of such Additional Notes will not result in the reduction or withdrawal of the then current rating of the Series 20052002-1 Notes and any non-public ratings issued by Standard & Poor’s's, Xxxxx’x Moody's and Fitch to the Series 20052002-1 Insurer or (y) Additional Notes are to be issued after the date which is sixty (60) days after the date of the initial issuance of the Series 2005-1 Notes, each Rating Agency rating the Series 2005-1 Notes shall have notified RCFC, the Trustee and any Enhancement Provider in writing as to the rating issued by such Rating Agency to the Additional NotesInsurer; (iii) the Series 20052000-1 Insurer 0 Xxsurer has consented to such issuance of Additional Notes and agrees to insure the Additional Notes under the Series 20052002-1 Policy; (iv) the excess of the principal amount of the Additional Notes over their issue price will not exceed the maximum amount permitted under the Code without the creation of original issue discount; (v) the Trustee shall have received an Opinion opinion of Counsel counsel to the effect that (A) the Additional Notes will be characterized as indebtedness of RCFC for federal, state and local income and franchise tax purposes, and (B) the issuance of Additional Notes will not adversely affect the characterization of the Series 20052002-1 Notes as debt; and (vi) no Amortization Event (or event which, with the passage of time, the giving of notice or both, would become an Amortization Event) shall have occurred which is continuing or would result from the issuance of such Additional Notes.