Common use of Issuances of Additional Notes Clause in Contracts

Issuances of Additional Notes. The Company shall be entitled, upon delivery of an Officers’ Certificate and an Opinion of Counsel, each complying with Section 10.4 of the Original Indenture, to issue Additional Notes under this Second Supplemental Indenture. The Initial Notes issued on the Issue Date, and any Additional Notes issued shall be treated as a single Series and single class of Securities for all purposes under this Second Supplemental Indenture and the Original Indenture. At any time after the execution of this Second Supplemental Indenture, the Company may deliver Additional Notes to the Trustee for authentication, together with an Officers’ Certificate complying with Section 10.4 of the Original Indenture and a Company Order for the authentication and delivery of such Additional Notes, as well as an Opinion of Counsel complying with Section 10.4 of the Original Indenture. Subject to Section 2.3 of the Original Indenture, the Trustee shall thereafter authenticate and deliver such Additional Notes in accordance with such Officers’ Certificate and Company Order. In authenticating such Additional Notes and accepting the additional responsibilities under this Second Supplemental Indenture in relation to such Additional Notes, the Trustee shall be entitled to receive and fully protected in relying upon such Officers’ Certificate, which such Officers’ Certificate shall set forth any limit upon the aggregate principal amount of such Additional Notes to be authenticated and delivered under this Second Supplemental Indenture and setting forth the issue price, the issue date and the CUSIP number of such Additional Notes and be prepared in accordance with Section 10.4 of the Original Indenture.

Issuances of Additional Notes. The Company shall be entitledmay, upon delivery from time to time, and without notice to or consent of an Officers’ Certificate and an Opinion of Counsel, each complying with Section 10.4 Holders of the Original IndentureSubordinated Notes, to issue Additional Notes under this Second Supplemental IndentureNotes. The Initial Notes issued on the Issue Date, and any Additional Notes issued shall be treated as a single Series and single class of Securities for all purposes under this Second Supplemental Indenture and the Original Indenture. At any time after the execution of this Second First Supplemental Indenture, the Company may deliver Additional Notes to the Trustee for authentication, together with an Officers’ Certificate complying with Section 10.4 of the Original Indenture and a Company Order for the authentication and delivery of such Additional Notes, as well as an Opinion of Counsel complying with Section 10.4 of the Original Indenture. Subject to Section 2.3 of the Original Indenture, the Trustee shall thereafter authenticate and deliver such Additional Notes in accordance with such Officers’ Certificate and Company Order. In authenticating such Additional Notes and accepting the additional responsibilities under this Second First Supplemental Indenture in relation to such Additional Notes, the Trustee shall be entitled to receive and fully protected in relying upon such Officers’ Certificate, which such Officers’ Certificate shall set forth any limit upon the aggregate principal amount of such Additional Notes to be authenticated and delivered under this Second First Supplemental Indenture and setting forth the issue price, the issue date and the CUSIP number of such Additional Notes and be prepared in accordance with Section 10.4 of the Original Indenture.

Issuances of Additional Notes. The Company shall be entitled, upon delivery of an Officers’ Certificate and an Opinion of Counsel, each complying with Section 10.4 of the Original Indenture, to issue Additional Notes under this Second First Supplemental Indenture. The Initial Notes issued on the Issue Date, and any Additional Notes issued shall be treated as a single Series and single class of Securities for all purposes under this Second First Supplemental Indenture and the Original Indenture. At any time after the execution of this Second First Supplemental Indenture, the Company may deliver Additional Notes to the Trustee for authentication, together with an Officers’ Certificate complying with Section 10.4 of the Original Indenture and a Company Order for the authentication and delivery of such Additional Notes, as well as an Opinion of Counsel complying with Section 10.4 of the Original Indenture. Subject to Section 2.3 of the Original Indenture, the Trustee shall thereafter authenticate and deliver such Additional Notes in accordance with such Officers’ Certificate and Company Order. In authenticating such Additional Notes and accepting the additional responsibilities under this Second First Supplemental Indenture in relation to such Additional Notes, the Trustee shall be entitled to receive and fully protected in relying upon such Officers’ Certificate, which such Officers’ Certificate shall set setting forth any limit upon the aggregate principal amount of such Additional Notes to be authenticated and delivered under this Second First Supplemental Indenture and setting forth the issue price, the issue date and the CUSIP number of such Additional Notes and be Notes, prepared in accordance with Section 10.4 of the Original Indenture.

Issuances of Additional Notes. The Company shall be entitled(a) From time to time during the Series 2005-1 Revolving Period, upon delivery of an Officers’ Certificate and an Opinion of CounselRCFC may, each complying with Section 10.4 of subject to the Original Indentureconditions set forth in clause (b) below, to issue Additional Notes under this Second Supplemental Indenture. The Initial which will be identical in all respects to the other Series 2005-1 Notes issued on and will be equitably and ratably entitled to the Issue Datebenefits of the Indenture without preference, and any priority or distinction. (b) Additional Notes may be issued shall be treated as a single Series and single class only upon satisfaction of Securities for all purposes under this Second Supplemental Indenture and the Original Indenture. At any time following conditions: (i) after the execution of this Second Supplemental Indenture, the Company may deliver Additional Notes giving effect to the Trustee for authentication, together with an Officers’ Certificate complying with Section 10.4 of the Original Indenture and a Company Order for the authentication and delivery issuance of such Additional Notes, as well as an Opinion of Counsel complying with Section 10.4 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 Original Indenture. Subject to Section 2.3 initial issuance of the Original Indenture, the Trustee shall thereafter authenticate and deliver such Additional Notes in accordance with such Officers’ Certificate and Company Order. In authenticating such Additional Notes and accepting the additional responsibilities under this Second Supplemental Indenture in relation to such Additional Series 2005-1 Notes, the Trustee shall be entitled to receive and fully protected in relying upon such Officers’ Certificate, which such Officers’ Certificate shall set forth any limit upon have received confirmation from each Rating Agency rating the aggregate principal amount 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 authenticated and delivered under this Second Supplemental Indenture and setting forth issued after the issue pricedate 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 date 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 CUSIP number 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 and be prepared in accordance with Section 10.4 of the Original IndentureNotes.

Issuances of Additional Notes. The Company shall be entitled, upon delivery of an Officers’ Certificate and an Opinion of Counsel, each complying with Section 10.4 of the Original Indenture, to issue Additional Notes under this Second First Supplemental Indenture. The Initial Notes issued on the Issue Date, and any Additional Notes issued shall be treated as a single Series and single class of Securities for all purposes under this Second First Supplemental Indenture and the Original Indenture. At any time after the execution of this Second First Supplemental Indenture, the Company may deliver Additional Notes to the Trustee for authentication, together with an Officers’ Certificate complying with Section 10.4 of the Original Indenture and a Company Order for the authentication and delivery of such Additional Notes, as well as an Opinion of Counsel complying with Section 10.4 of the Original Indenture. Subject to Section 2.3 of the Original Indenture, the Trustee shall thereafter authenticate and deliver such Additional Notes in accordance with such Officers’ Certificate and Company Order. In authenticating such Additional Notes and accepting the additional responsibilities under this Second First Supplemental Indenture in relation to such Additional Notes, the Trustee shall be entitled to receive and fully protected in relying upon such Officers’ Certificate, which such Officers’ Certificate shall set forth any limit upon the aggregate principal amount of such Additional Notes to be authenticated and delivered under this Second First Supplemental Indenture and setting forth the issue price, the issue date and the CUSIP number of such Additional Notes and be prepared in accordance with Section 10.4 of the Original Indenture.