RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6% Convertible Subordinated Notes due December 15, 2003 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 2 contracts
Samples: Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 66.25% Convertible Subordinated Notes due December 151, 2003 2004 (herein called the "Securities") ), of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 2 contracts
Samples: Indenture (Etoys Inc), Indenture (Etoys Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 67% Convertible Subordinated Notes due December 15August 1, 2003 2004 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (DSC Communications Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65 1/4% Convertible Subordinated Notes due December September 15, 2003 2001 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6% 5¼% Convertible Subordinated Senior Notes due December 15, 2003 2011 (herein called the "“Securities"”) of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid and binding agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64.25% Convertible Subordinated Senior Notes due December August 15, 2003 2010 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Medarex Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 63-5/8% Contingent Convertible Subordinated Senior Notes due December 15, 2003 2027 (herein called the "“Securities"”) of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Privatebancorp, Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6__% Convertible Subordinated Notes due December 15February __, 2003 2008 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Ciena Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65 1/2% Convertible Subordinated Notes due December September 15, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Siebel Systems Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65.50% Convertible Subordinated Notes due December January 15, 2003 2007 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65% Convertible Subordinated Notes due December 15July 1, 2003 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Tech Data Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 67.00% Convertible Subordinated Notes due December July 15, 2003 2006 (herein called the "SecuritiesNotes") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the SecuritiesNotes, when the Securities Notes are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Class A Common Stock of the Company issuable upon the conversion of the SecuritiesNotes, and to duly reserve for issuance of the number of shares of Class A Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (American Greetings Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64.25% Convertible Subordinated Notes due December 15July 1, 2003 2008 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Corixa Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6___% Convertible Subordinated Notes due December 15Due August 1, 2003 2004 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunderhereunder and duly issued by the Company, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Reptron Electronics Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 63.75% Convertible Subordinated Notes due December August 15, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (PMC Sierra Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6_____% Convertible Subordinated Notes due December 15, 2003 __________ (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Medarex Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65 3/4% Convertible Subordinated Notes due December 15April 1, 2003 2005 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Critical Path Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65.25% Convertible Subordinated Notes Senior Debentures due December August 15, 2003 2033 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65.00% Convertible Subordinated Senior Notes due December November 15, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Anadigics Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 63.75% Convertible Subordinated Senior Notes due December October 15, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Teradyne Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 63-1/4% Convertible Senior Subordinated Notes due December 15, 2003 2023 (herein called the "SecuritiesNotes") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the SecuritiesNotes, when the Securities Notes are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the SecuritiesNotes, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Osi Pharmaceuticals Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6% Zero Coupon Convertible Subordinated Senior Notes due December June 15, 2003 2008 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Juniper Networks Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6[ ]% Convertible Subordinated Notes due December 15, 2003 [ ,] 2002 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Tech Data Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65.75% Convertible Senior Subordinated Notes due December June 15, 2003 2008 (herein called the "Securities") ), of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, Company and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock shares of common stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Cell Therapeutics Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65.75% Convertible Senior Subordinated Notes due December 15, 2003 2009 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Collegiate Pacific Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64% Convertible Subordinated Notes due December June 15, 2003 2005 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Bea Systems Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 68% Convertible Subordinated Notes Debentures due December 15, 2003 2013 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 62.50% Convertible Subordinated Senior Notes due December 15October 1, 2003 2010 (herein called the "“Securities"”) of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock initially issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Hewitt Associates Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65% Convertible Subordinated Notes due December November 15, 2003 2005 (herein called the "SecuritiesSECURITIES") ), of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, Company and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the shares of Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Asm International N V)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 63% Convertible Subordinated Notes due December February 15, 2003 2002 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64% Convertible Subordinated Notes due December March 15, 2003 2005 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Class A Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Class A Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6___% Convertible Subordinated Notes due December 15Due November __, 2003 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunderhereunder and duly issued by the Company, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (National Data Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64% Convertible Subordinated Notes due December 15, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Bea Systems Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 62.25% Convertible Subordinated Senior Notes due December 15May 30, 2003 2008 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Connetics Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64.50% Convertible Subordinated Notes due December 15, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Medarex Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65% Convertible Subordinated Notes due December October 15, 2003 2005 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Oni Systems Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 63.75% Convertible Subordinated Notes due December 15February 1, 2003 2008 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Ciena Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65% Convertible Subordinated Notes due December 15April 1, 2003 2007 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Redback Networks Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65 1/4% Convertible Subordinated Notes due December 15l5, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (I2 Technologies Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65.00% Convertible Subordinated Notes Debentures due December 15October 1, 2003 2033 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Bowne & Co Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65.50% Convertible Subordinated Notes due December February 15, 2003 2007 (herein called the "Securities") ), of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, Company and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock shares of common stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 62% Convertible Subordinated Notes due December 15June 1, 2003 2008 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock Ordinary Shares of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock Ordinary Shares issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Amdocs LTD)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 63.5% Convertible Subordinated Notes due December 151, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Extreme Networks Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 67.625% Contingent Convertible Subordinated Senior Notes due December 15, 2003 2027 (herein called the "“Securities"”) of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock (as defined in Section 1.1 below) of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Alesco Financial Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6[ ]% Convertible Subordinated Notes due December 15, 2003 [ ,] (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Interim Services Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 62-3/8% Contingent Convertible Subordinated Senior Notes due December 15, 2003 2025 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue and issuance of its 65.00% Convertible Senior Subordinated Notes due December 15, 2003 2010 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Reliant Resources Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 641/2% Convertible Subordinated Notes due December 152005, 2003 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Interim Services Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64.75% Convertible Subordinated Notes due December 15July 1, 2003 2007 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 61.00% Convertible Subordinated Senior Notes due December 15August 1, 2003 2010 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Priceline Com Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6% Convertible Subordinated Notes due December October 15, 2003 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Uromed Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65% Convertible Subordinated Notes due December March 15, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64 3/4% Convertible Subordinated Notes due December July 15, 2003 2008 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6__% Convertible Subordinated Notes due December 15____________, 2003 2005 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Digital Island Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64.50% Convertible Subordinated Senior Notes due December June 15, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 64.75% Convertible Subordinated Notes due December 15October 1, 2003 2005 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Analog Devices Inc)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6[ ]% Convertible Subordinated Notes due December 15May [ ], 2003 2007 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Chiron Corp)
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 65.00% Convertible Subordinated Notes due December 15September 1, 2003 2006 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
RECITALS OF THE COMPANY. The Company has duly authorized the creation of an issue of its 6% Zero Coupon Convertible Subordinated Notes due December 15July 1, 2003 2010 (herein called the "Securities") of substantially the tenor and amount hereinafter set forth, and to provide therefor the Company has duly authorized the execution and delivery of this Indenture. All things necessary to make the Securities, when the Securities are executed by the Company and authenticated and delivered hereunder, the valid obligations of the Company, and to make this Indenture a valid agreement of the Company, in accordance with their and its terms, have been done. Further, all things necessary to duly authorize the issuance of the Common Stock of the Company issuable upon the conversion of the Securities, and to duly reserve for issuance the number of shares of Common Stock issuable upon such conversion, have been done.
Appears in 1 contract
Samples: Indenture (Realnetworks Inc)