Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes (except the price to public, the issue date and, if applicable, the initial Interest Payment Date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 2 contracts
Samples: First Supplemental Indenture (SWK Holdings Corp), First Supplemental Indenture (SWK Holdings Corp)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)•] (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 2 contracts
Samples: First Supplemental Indenture (Argo Blockchain PLC), First Supplemental Indenture (Greenidge Generation Holdings Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 50,000,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Ramaco Resources, Inc.), First Supplemental Indenture (Harrow Health, Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 135,000,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 2 contracts
Samples: First Supplemental Indenture (Charah Solutions, Inc.), First Supplemental Indenture (Charah Solutions, Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be up to $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 57,500,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Tellurian Inc. /De/), Second Supplemental Indenture (Tellurian Inc. /De/)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 300,000,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: Seventh Supplemental Indenture (B. Riley Financial, Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 316,250,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 159,493,250 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: Fifth Supplemental Indenture (B. Riley Financial, Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 125,000,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4304, 3.5305, 3.6306, 9.6 906 or 11.7 1107 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: First Supplemental Indenture (Synchronoss Technologies Inc)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)25,000,000] (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: First Supplemental Indenture (Ramaco Resources, Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 35,000,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: Second Supplemental Indenture (Harrow Health, Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 34,500,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: First Supplemental Indenture (Ramaco Resources, Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 200,000,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (B. Riley Financial, Inc.)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)$ ] (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: First Supplemental Indenture (Cryo Cell International Inc)
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 40,000,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Principal Amount. The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Indenture on the Issue Date (the “Initial Notes”) shall be $[34,500,000] [30,000,000 (as increased by an amount equal to the aggregate principal amount of any additional Notes purchased by the underwriters pursuant to the exercise of their option to purchase additional Notes as set forth in the Underwriting Agreement)] 55,200,000 (except for Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 3.4, 3.5, 3.6, 9.6 or 11.7 of the Base Indenture). The Company may from time to time, without the consent of the Holders of Notes, issue additional Notes (in any such case “Additional Notes”) having the same terms and conditions as the Initial Notes to status, redemption or otherwise (except the price to public, the issue date and, if applicable, the initial Interest Payment Dateinterest accrual date and the initial interest payment date) that may constitute a single fungible series with the Initial Notes; provided that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have different one or more separate CUSIP numbers. Any Additional Notes and the Initial Notes shall constitute a single series under the Indenture and all references to the Notes shall include the Initial Notes and any Additional Notes unless the context otherwise requires.
Appears in 1 contract
Samples: First Supplemental Indenture (Greenidge Generation Holdings Inc.)