Notes Issuable in Series. The Notes of the Issuer shall be issued in one or more Series. Each Series shall be issued pursuant to a Series Supplement (it being understood that a single Series Supplement may provide for more than one Series). Each Series Supplement shall include with respect to the related Series: (i) the title of such Series (which shall distinguish such Series from other Series) and whether each Class of such Series will be Variable Funding Notes or Term Notes; (ii) (a) with respect to each Class of Term Notes, the initial outstanding principal balance thereof and (b) with respect to each class of Variable Funding Notes, the maximum committed amount thereof; (iii) with respect to each Class of Term Notes, the Targeted Amortization Amounts, if any, and the date or dates on which such Targeted Amortization Amounts are payable; (iv) the related Note Rate(s); (v) whether such Series has a Prefunding Period, and, if so, the funded amount of the related Prefunding Account, the applicable Classes of such Series that the Prefunding Account relates to, the expiration date of the related Prefunding Period, and the funded amount of the related Yield Maintenance Reserve Account applicable to such Series for purposes of Section 4.03; (vi) the definition of Rating Agency Confirmation with respect to such Series, if different from the definition herein, and the Rating Agency or Rating Agencies for such Series; (vii) whether the Notes of each Class of such Series are Uncertificated Notes, Book-Entry Notes or Definitive Notes; (viii) if such Series includes Tax Restricted Notes, the maximum number of beneficial holders of Tax Restricted Notes of such Series; (ix) the related Anticipated Repayment Date(s); (x) the related Closing Date; (xi) the related Initial Purchasers (if any); (xii) the related initial Payment Date; (xiii) the related Post-ARD Note Spread(s); (xiv) with respect to each Class of Term Notes, the definition of Prepayment Consideration, if different from the definition herein, and the related Prepayment Consideration Period(s); (xv) the related Rated Final Payment Date; and (xvi) any other terms of such Series (which terms shall not be inconsistent with the provisions of this Base Indenture except as specifically authorized herein or to the extent that such Series Supplement also constitutes an Indenture Supplement to this Base Indenture pursuant to Article XIII). The Notes of a Series may have more than one settlement or issue date. The Notes of each Series will be assigned to one or more Classes and, with respect to any Series of Notes issued after the date hereof, shall satisfy the requirements of Section 2.12(c) as of the date of issuance. The Issuer agrees that it will not designate, for any Series and Class of Notes that are Tax Restricted Notes, a maximum number of beneficial holders for such Series and Class of Tax Restricted Notes that would cause the aggregate maximum number of beneficial holders and beneficial owners for all Series and Classes of Tax Restricted Notes then Outstanding, collectively with the aggregate number of beneficial holders of any other interests in the Issuer that are or may be treated as equity of the Issuer for U.S. federal income purposes, as determined for purposes of Treasury regulation 1.7704-1(h), to exceed 90.
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Samples: Supplemental Indenture (Frontier Communications Parent, Inc.), Base Indenture (Frontier Communications Parent, Inc.)
Notes Issuable in Series. The Notes of the Issuer shall may be issued in one or more Series. Each Series shall be issued pursuant to a Series Supplement (it being understood that a single Series Supplement may provide for more than one Series). Each There shall be established in one or more Series Supplement shall include with respect Supplements, prior to the related issuance of Notes of any Series:
(i) the title of the Notes of such Series (which shall distinguish the Notes of such Series from Notes of other Series) and whether each Class of such Series will be Variable Funding Notes or Term Notes);
(ii) (a) with respect to each Class of Term Notes, any limit upon the initial outstanding aggregate principal balance thereof of the Notes of such Series that may be authenticated and delivered under this Indenture (b) with respect except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes of such Series pursuant to each class of Variable Funding Notes, the maximum committed amount thereofSection 2.04 or 2.06);
(iii) with respect to each the Class of Term Notes, the Targeted A Monthly Amortization Amounts, if any, for Class A Notes of such Series and the date or dates on which the principal of the Notes of such Targeted Amortization Amounts are Series is payable;
(iv) the related Note Rate(srate or rates at which the Notes of such Series shall bear interest, if any, or the method by which such rate shall be determined, the date or dates from which such interest shall accrue, the interest payment dates on which such interest shall be payable and the record dates for the determination of Holders to whom interest is payable (in each to the extent such items are not specified herein or if specified herein to the extent such items are modified by such Series Supplement);
(v) whether such Series has a Prefunding Period, Site Acquisition Period and, if so, the funded amount of the related Prefunding Site Acquisition Account, the applicable Classes of such Series that the Prefunding Account relates to, the expiration date of the related Prefunding Site Acquisition Period, and the funded amount of the related Yield Maintenance Reserve Account and the Minimum Yield applicable to such Series for purposes of Section 4.03Series;
(vi) what action by the definition Issuer is necessary to satisfy the condition of obtaining or delivering a Rating Agency Confirmation with respect to such Serieshereunder from the applicable Rating Agencies (including, if different from the definition hereinapplicable, and the Rating Agency or Rating Agencies any notice related information for such SeriesRating Agencies);
(vii) whether the Notes of each Class of such Series are Uncertificated Notes, Book-Entry Notes or Definitive Notes;
(viii) if such Series includes the issuance of Tax Restricted Notes, the form of Tax Restricted Notes, the form of Transfer Certificate with respect to the Tax Restricted Notes and the maximum number of beneficial holders of Tax Restricted Notes of such Series;
(ixSeries for purposes of Section 2.02(k) and the related Anticipated Repayment Date(s);
(x) the related Closing Date;
(xi) the related Initial Purchasers (if any);
(xii) the related initial Payment Date;
(xiii) the related Post-ARD Note Spread(s);
(xiv) with respect to minimum denominations of each Class of Term Notes, the definition such Tax Restricted Notes of Prepayment Consideration, if different from the definition herein, and the related Prepayment Consideration Period(s);
(xv) the related Rated Final Payment Datesuch Series; and
(xviviii) any other terms of such Series (which terms shall not be inconsistent with the provisions of this Base Indenture except as specifically authorized herein or to the extent that such Series Supplement also constitutes an Indenture Supplement to amendment of this Base Indenture pursuant to Article XIII). The Notes of a Series may have more than one settlement or issue date. The Notes of each Series will be assigned to one or more Classes and, with respect to any Series of Notes issued after the date hereofInitial Closing Date, shall satisfy the requirements of Section 2.12(c) as of the date of issuance. The Issuer agrees that it will not designate, for any Series and Class of Notes that are Tax Restricted Notes, a maximum number of beneficial holders for such Series and Class of Tax Restricted Notes that would cause the aggregate maximum number of beneficial holders and beneficial owners for all Series and Classes of Tax Restricted Notes then Outstandingoutstanding, collectively with the aggregate number of beneficial holders owners of any other interests the equity interest in the Issuer or other interests that are or may be treated as equity of the Issuer for U.S. federal income purposes, as determined for purposes of Treasury regulation 1.7704-1(h)Issuer, to exceed 9090 (ninety).
Appears in 1 contract
Notes Issuable in Series. The Notes of the Issuer shall may be issued in one or more Series. Any series of Variable Funding Notes may be uncertificated if provided for in its Series Indenture Supplement. Each Series shall be issued pursuant to a Series Indenture Supplement (it being understood that a single Series Indenture Supplement may provide for more than one Series). Each There shall be established in one or more Series Supplement shall include with respect Indenture Supplements, prior to the related issuance of Notes of any Series:
(i) the title of the Notes of such Series (which shall distinguish the Notes of such Series from Notes of other Series) and whether each Class of such Series Notes will be Variable Funding Notes or Term Notes;
(ii) any limit upon the aggregate principal balance of the Notes of such Series that may be authenticated and delivered (a) other than with respect to each Class of Term Uncertificated Notes, the initial outstanding principal balance thereof which may be registered) under this Base Indenture (except for Notes authenticated and delivered (b) or with respect to each class of Variable Funding Uncertificated Notes, the maximum committed amount thereofregistered) upon registration of transfer of, or in exchange for, or in lieu of, other Notes of such Series pursuant to Section 2.02 or Section 2.04);
(iii) with respect to each Class of Term Notes, the Targeted Amortization Amounts, if any, for Notes of such Series and the date or dates on which the principal of the Notes of such Targeted Amortization Amounts are Series is payable;
(iv) the related Note Rate(srate or rates at which the Notes of such Series shall bear interest, if any, or the method by which such rate shall be determined, the date or dates from which such interest shall accrue, the interest payment dates on which such interest shall be payable and the record dates for the determination of Holders to whom interest is payable (in each case to the extent such items are not specified herein or if specified herein to the extent such items are modified by such Series Indenture Supplement);
(v) whether such Series has a Prefunding Period, and, if so, the funded amount of the related Prefunding Account, the applicable Classes of such Series that the Prefunding Account relates to, the expiration date of the related Prefunding Period, and the funded amount of the related Yield Maintenance Reserve Account applicable to such Series for purposes of Section 4.03;.
(vi) the definition of Rating Agency Confirmation with respect to such Series, if different from the definition herein, and the Rating Agency or Rating Agencies for such Series;[***]
(vii) whether such Series is a Series of Variable Funding Notes;
(viii) whether the Notes of each Class of such Series are Uncertificated Notes, Book-Entry Notes or Definitive Notes;
(viiiix) if such Series includes the issuance of Tax Restricted Notes, the maximum number of beneficial holders of Tax Restricted Notes of such Series;
(ix) the related Anticipated Repayment Date(sSeries for purposes of Section 2.02(k);
(x) the related Closing Date;
(xi) the related Initial Purchasers (if any);
(xii) the related initial Payment Date;
(xiii) the related Post-ARD Note Spread(s);
(xiv) with respect to each Class of Term Notes, the definition of Prepayment Consideration, if different from the definition herein, and the related Prepayment Consideration Period(s);
(xv) the related Rated Final Payment Date; and
(xvix) any other terms of such Series (which terms shall not be inconsistent with the provisions of this Base Indenture except as specifically authorized herein or to the extent that such Series Indenture Supplement also constitutes an Indenture Supplement to amendment of this Base Indenture pursuant to Article XIII). The Notes of a Series may have more than one settlement or issue date. The Notes of each Series will be assigned to one or more Classes and, with respect to any Series of Notes issued after the date hereof, shall satisfy the requirements of Section 2.12(c2.12(d) as of the date of issuance. The Issuer agrees that it will not designate, for issue any Series and Class of Notes that are Tax Restricted Notes (and will not designate Notes from any Series and Class of Notes that are Tax Restricted Notes), a maximum number of beneficial holders for if such Series and Class of Tax Restricted Notes that issuance (or designation) would cause the aggregate maximum number of beneficial holders and beneficial owners for Ownership Interests in all Series and Classes of Tax Restricted Notes then Outstanding, collectively with the aggregate number of beneficial holders of Ownership Interests in any other interests in the Issuer that are or may be treated as equity of the Issuer for U.S. federal income tax purposes, in each case as determined for purposes of Treasury regulation Regulation Section 1.7704-1(h), to exceed ninety (90).
Appears in 1 contract
Samples: Base Indenture (Tucows Inc /Pa/)
Notes Issuable in Series. The Notes of the Issuer shall may be issued in one or more Series. Any series of Class A-1 Notes may be uncertificated if provided for in its Series Supplement. Each Series shall be issued pursuant to a Series Indenture Supplement (it being understood that a single Series Indenture Supplement may provide for more than one Series). Each There shall be established in one or more Series Supplement shall include with respect Indenture Supplements, prior to the related issuance of Notes of any Series:
(i) the title of the Notes of such Series (which shall distinguish the Notes of such Series from Notes of other Series) and whether each Class of such Series Notes will be Variable Funding Notes or Term Notes;
(ii) any limit upon the aggregate principal balance of the Notes of such Series that may be authenticated and delivered (a) other than with respect to each Class of Term Uncertificated Notes, the initial outstanding principal balance thereof which may be registered) under this Base Indenture (except for Notes authenticated and delivered (b) or with respect to each class of Variable Funding Uncertificated Notes, the maximum committed amount thereofregistered) upon registration of transfer of, or in exchange for, or in lieu of, other Notes of such Series pursuant to Section 2.02 or Section 2.04);
(iii) with respect to each Class of Term Notes, the Targeted Amortization Amounts, if any, for Notes of such Series and the date or dates on which the principal of the Notes of such Targeted Amortization Amounts are Series is payable;
(iv) the related Note Rate(srate or rates at which the Notes of such Series shall bear interest, if any, or the method by which such rate shall be determined, the date or dates from which such interest shall accrue, the interest payment dates on which such interest shall be payable and the record dates for the determination of Holders to whom interest is payable (in each case to the extent such items are not specified herein or if specified herein to the extent such items are modified by such Series Indenture Supplement);
(v) whether such Series has a Prefunding Period, and, if so, the funded amount of the related Prefunding Account, the applicable Classes of such Series that the Prefunding Account relates to, the expiration date of the related Prefunding Period, and the funded amount of the related Yield Maintenance Reserve Account applicable to such Series for purposes of Section 4.03;4.05.
(vi) what action by the definition Issuer is necessary to satisfy the condition of obtaining or delivering a Rating Agency Confirmation with respect to such Serieshereunder from the applicable Rating Agencies (including, if different from the definition hereinapplicable, and the Rating Agency or Rating Agencies any notice related information for such SeriesRating Agencies);
(vii) whether such Series contains one or more Classes of Variable Funding Notes;
(viii) whether the Notes of each Class of such Series are Uncertificated Notes, Book-Entry Notes notes or Definitive Notes;
(viiiix) if such Series includes the issuance of Tax Restricted Notes, the maximum number minimum denomination of beneficial holders of the Tax Restricted Notes of such Series;
(ix) the related Anticipated Repayment Date(sSeries for purposes of Section 2.02(k);
(x) the related Closing Date;
(xi) the related Initial Purchasers (if any);
(xii) the related initial Payment Date;
(xiii) the related Post-ARD Note Spread(s);
(xiv) with respect to each Class of Term Notes, the definition of Prepayment Consideration, if different from the definition herein, and the related Prepayment Consideration Period(s);
(xv) the related Rated Final Payment Date; and
(xvix) any other terms of such Series (which terms shall not be inconsistent with the provisions of this Base Indenture except as specifically authorized herein or to the extent that such Series Indenture Supplement also constitutes an Indenture Supplement to amendment of this Base Indenture pursuant to Article XIII). The Notes of a Series may have more than one settlement or issue date. The Notes of each Series will be assigned to one or more Classes and, with respect to any Series of Notes issued after the date hereofInitial Closing Date, shall satisfy the requirements of Section 2.12(c2.12(d) as of the date of issuance. The Issuer agrees that it will not designate, for any Series and Class of Notes that are Tax Restricted Notes, a maximum number of beneficial holders minimum denomination for such Series and Class of Tax Restricted Notes that would cause the aggregate maximum number of beneficial holders and beneficial owners for all Series and Classes of Tax Restricted Notes then Outstanding, collectively with the aggregate number of beneficial holders owners of any other interests in the Issuer that are or may be treated as equity of the Issuer for U.S. federal income tax purposes, as determined for purposes of Treasury regulation 1.7704-1(h), to exceed 90.
Appears in 1 contract
Samples: Base Indenture (Cogent Communications Holdings, Inc.)