Common use of Supplemental Notes Clause in Contracts

Supplemental Notes. Each Additional Senior Note will be issued pursuant to a supplement to this Agreement (a “Supplement”) based on the form of Schedule 3, and will be subject to the following terms and conditions: (a) the designation of each Series of Notes shall distinguish the Notes of one Series from the Notes of all other Series; (b) the Notes of each Series of Additional Senior Notes shall rank pari passu in right of payment with the Notes of each other Series of Notes; (c) the issuance of the Additional Senior Notes shall satisfy the Incurrence Conditions or shall constitute Permitted Refinancing Indebtedness to refinance all or any portion of Indebtedness permitted under Section 10.5; (d) each Additional Senior Note shall be dated the date of issue, shall bear interest at such rate or rates, shall mature on such date or dates, if any, as are provided in the Supplement under which such Additional Senior Notes are issued, may be issued in such denominations, may be subject to payment of such Make-Whole Amount or premium or without premium, may contain tax indemnification provisions, and provisions for the exchange or transfer of such Additional Senior Notes and may have such additional or different conditions precedent to closing and such additional or different representations and warranties or other terms and provisions as shall be specified in such Supplement; (e) except to the extent provided in clause (d) above or as otherwise specified in this Agreement, all of the provisions of this Agreement shall apply to the Notes, including the Additional Senior Notes; and (f) no Additional Senior Note shall be issued to a Purchaser that is an Affiliate of the Company. The Purchasers of the Initial Notes or any Additional Senior Notes are under no obligation to purchase any subsequent Additional Senior Notes. Upon the issuance of any Additional Senior Notes, the Company shall, at its expense, provide, or cause to be provided, to each Holder the Supplement entered into in connection with such Notes.

Supplemental Notes. Each Additional Senior Note will be issued pursuant to a supplement to this Agreement (a “Supplement”) based on the form of Schedule 3, and will be subject to the following terms and conditions: (a) the designation of each Series of Notes shall distinguish the Notes of one Series from the Notes of all other Series; (b) the Notes of each Series of Additional Senior Notes shall rank pari passu in right of payment with the Notes of each other Series of Notes; (c) the issuance of the Additional Senior Notes shall satisfy the Incurrence Conditions or shall constitute Permitted Refinancing Indebtedness to refinance all or any portion of Indebtedness permitted under Section 10.58.5 of the Common Terms Agreement; (d) each Additional Senior Note shall be dated the date of issue, shall bear interest at such rate or rates, shall mature on such date or dates, if any, as are provided in the Supplement under which such Additional Senior Notes are issued, may be issued in such denominations, may be subject to payment of such Make-Whole Amount or premium or without premium, may contain tax indemnification provisions, and provisions for the exchange or transfer of such Additional Senior Notes and may have such additional or different conditions precedent to closing and such additional or different representations and warranties or other terms and provisions as shall be specified in such Supplement; (e) except to the extent provided in clause (d) above or as otherwise specified in this Agreement, all of the provisions of this Agreement shall apply to the Notes, including the Additional Senior Notes; and (f) no Additional Senior Note shall be issued to a Purchaser that is an Affiliate of the CompanyBorrower. The Purchasers of the Initial Notes or any Additional Senior Notes are under no obligation to purchase any subsequent Additional Senior Notes. Upon the issuance of any Additional Senior Notes, the Company Borrower shall, at its expense, provide, or cause to be provided, to each Holder the Supplement entered into in connection with such Notes.