Terms; Form of Security. The Notes shall constitute one series for purposes of the Existing Indenture and this Supplemental Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase. The Company shall issue any Additional Notes by adopting a Board Resolution, or, to the extent established pursuant to (rather than set forth in) a Board Resolution, in an Officer’s Certificate detailing such establishment and/or established in one or more indentures supplemental hereto, in the manner set forth in Section 2.03 of the Existing Indenture providing for the terms of such issuance. The Notes will be initially issued in the form of one or more global notes (the “Global Securities”) in fully registered form, without coupons, in minimum denominations of €100,000 principal amount or any whole integral multiples of €1,000 above that amount, and shall be in substantially the form of Exhibit A hereto and will be deposited with, or on behalf of, Elavon Financial Services DAC (the “Depository”), as common depositary for Euroclear and Clearstream, and registered in the name of such common depositary or its nominee for the accounts of Euroclear and Clearstream. Except as described herein, certificates will not be issued in exchange for beneficial interests in the Global Securities. The Notes are not issuable in bearer form. The terms and provisions contained in the form of Note shall constitute, and are hereby expressly made, a part of this Supplemental Indenture and the Company, by its execution and delivery of this Supplemental Indenture, expressly agrees to such terms and provisions and to be bound thereto. Any of the Notes may have such letters, numbers or other marks of identification and such notations, legends and endorsements as the officers executing the same may approve (execution thereof to be conclusive evidence of such approval) and are not inconsistent with the provisions of the Indenture (and which do not affect the rights, duties or immunities of the Trustee), or as may be required to comply with any law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange or automated quotation system on which the Notes may be listed.
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Samples: Agency Agreement (Perkinelmer Inc)
Terms; Form of Security. The Notes and the Additional Notes shall together constitute one series for purposes of the Existing Indenture and this Third Supplemental Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase. The Company shall issue any Additional Notes additional notes of a series by adopting a Board Resolution, or, to the extent established pursuant to (rather than set forth in) a Board Resolution, in an Officer’s Certificate detailing such establishment and/or established in one or more indentures supplemental hereto, Resolution in the manner set forth in Section 2.03 301 of the Existing Indenture providing for the terms of such issuance. The Notwithstanding the foregoing, the Notes will be initially issued in the form of one or more global notes (the “Global Securities”) are issuable in fully registered form, form as Global Notes (unless otherwise permitted by Section 202 of the Existing Indenture) without coupons, in minimum denominations of €100,000 principal amount or any whole integral multiples of €1,000 above that amount, coupons and shall be in substantially the form of Exhibit A hereto and will be deposited with, or on behalf of, Elavon Financial Services DAC (the “Depository”), as common depositary for Euroclear and Clearstream, and registered in the name of such common depositary or its nominee for the accounts of Euroclear and Clearstream. Except as described herein, certificates will not be issued in exchange for beneficial interests in the Global Securitieshereto. The Notes are not issuable in bearer form. The terms and provisions contained in the form of Note shall constitute, and are hereby expressly made, a part of this Third Supplemental Indenture and the Company, by its execution and delivery of this Third Supplemental Indenture, expressly agrees to such terms and provisions and to be bound thereto. Any of the Notes may have such letters, numbers or other marks of identification and such notations, legends and endorsements as the officers executing the same may approve (execution thereof to be conclusive evidence of such approval) and are not inconsistent with the provisions of the Indenture (and which do not affect the rights, duties or immunities of the Series Trustee), or as may be required to comply with any law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange or automated quotation system on which the Notes may be listed.
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Terms; Form of Security. The Initial Notes and the Additional Notes shall together constitute one series for purposes of the Existing Indenture and this Supplemental Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase. The Company shall issue establish the terms of any Additional Notes by adopting a Board Resolution, or, to the extent established pursuant to (rather than set forth in) a Board Resolution, in an Officer’s Certificate detailing such establishment and/or established in one or more indentures supplemental hereto, Resolution in the manner set forth in Section 2.03 301 of the Existing Indenture providing for Indenture. Notwithstanding the terms of such issuance. The foregoing, the Notes will be initially issued in the form of one or more global notes (the “Global Securities”) are issuable in fully registered form, form as Global Securities (unless otherwise permitted by Section 2.03(c) of the Existing Indenture) without coupons, in minimum denominations of €100,000 principal amount or any whole integral multiples of €1,000 above that amount, coupons and shall be in substantially the form of Exhibit A hereto and will be deposited with, or on behalf of, Elavon Financial Services DAC (the “Depository”), as common depositary for Euroclear and Clearstream, and registered in the name of such common depositary or its nominee for the accounts of Euroclear and Clearstream. Except as described herein, certificates will not be issued in exchange for beneficial interests in the Global Securitieshereto. The Notes are not issuable in bearer form. The terms and provisions contained in the form of Note shall constitute, and are hereby expressly made, a part of this Supplemental Indenture and the Company, by its execution and delivery of this Supplemental Indenture, expressly agrees to such terms and provisions and to be bound thereto. Any of the Notes may have such letters, numbers or other marks of identification and such notations, legends and endorsements as the officers executing the same may approve (execution thereof to be conclusive evidence of such approval) and are not inconsistent with the provisions of the Indenture (and which do not affect the rights, duties or immunities of the Trustee), or as may be required to comply with any law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange or automated quotation system on which the Notes may be listed.
Appears in 1 contract
Samples: Second Supplemental Indenture (Great Atlantic & Pacific Tea Co Inc)
Terms; Form of Security. The Notes and the Additional Notes shall together constitute one series for purposes of the Existing Indenture and this Fourth Supplemental Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase. The Company shall issue any Additional Notes additional notes of a series by adopting a Board Resolution, or, to the extent established pursuant to (rather than set forth in) a Board Resolution, in an Officer’s Certificate detailing such establishment and/or established in one or more indentures supplemental hereto, Resolution in the manner set forth in Section 2.03 301 of the Existing Indenture providing for the terms of such issuance. The Notwithstanding the foregoing, the Notes will be initially issued in the form of one or more global notes (the “Global Securities”) are issuable in fully registered form, form as Global Notes (unless otherwise permitted by Section 202 of the Existing Indenture) without coupons, in minimum denominations of €100,000 principal amount or any whole integral multiples of €1,000 above that amount, coupons and shall be in substantially the form of Exhibit A hereto and will be deposited with, or on behalf of, Elavon Financial Services DAC (the “Depository”), as common depositary for Euroclear and Clearstream, and registered in the name of such common depositary or its nominee for the accounts of Euroclear and Clearstream. Except as described herein, certificates will not be issued in exchange for beneficial interests in the Global Securities. A. The Notes are not issuable in bearer form. The terms and provisions contained in the form of Note shall constitute, and are hereby expressly made, a part of this Fourth Supplemental Indenture and the Company, by its execution and delivery of this Fourth Supplemental Indenture, expressly agrees to such terms and provisions and to be bound thereto. Any of the Notes may have such letters, numbers or other marks of identification and such notations, legends and endorsements as the officers executing the same may approve (execution thereof to be conclusive evidence of such approval) and are not inconsistent with the provisions of the Indenture (and which do not affect the rights, duties or immunities of the Series Trustee), or as may be required to comply with any law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange or automated quotation system on which the Notes may be listed.
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Terms; Form of Security. The Notes shall constitute one series for purposes of the Existing Original Indenture and this Third Supplemental Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase. The Company shall issue any Additional Notes by adopting a Board Resolution, or, to the extent established pursuant to (rather than set forth in) a Board Resolution, in an Officer’s Certificate detailing such establishment and/or established in one or more indentures supplemental hereto, Resolution in the manner set forth in Section 2.03 3.01 of the Existing Original Indenture providing for the terms of such issuance. The Notwithstanding the foregoing, the Notes will be initially issued in the form of one or more global notes (the “Global Securities”) are issuable in fully registered form, form as a global Security (unless otherwise permitted by Section 2.03 of the Original Indenture) without coupons, in minimum denominations of €100,000 principal amount or any whole integral multiples of €1,000 above that amount, coupons and shall be in substantially the form of Exhibit A hereto and will be deposited withhereto. Upon request by the Depository, or on behalf ofwithin 14 days after the occurrence of any Event of Default specified in Section 6.01 of the Original Indenture, Elavon Financial Services DAC (the “Depository”), as common depositary for Euroclear and ClearstreamCompany shall execute, and registered in the name Trustee upon receipt of such common depositary or its nominee for the accounts of Euroclear a Company Order shall authenticate and Clearstream. Except as described hereindeliver, certificates will not be issued in exchange for beneficial interests the Notes in global form, the Global SecuritiesNotes in certificated form in authorized denominations for an aggregate principal amount requested by the Depository up to the principal amount of the Notes in global form. The Notes are not issuable in bearer form. The terms and provisions contained in the form of Note shall constitute, and are hereby expressly made, a part of this Third Supplemental Indenture and the Company, by its execution and delivery of this Third Supplemental Indenture, expressly agrees to such terms and provisions and to be bound thereto. Any of the Notes may have such letters, numbers or other marks of identification and such notations, legends and endorsements as the officers executing the same may approve (execution thereof to be conclusive evidence of such approval) and are not inconsistent with the provisions of the Indenture (and which do not affect the rights, duties or immunities of the Trustee), or as may be required to comply with any law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange or automated quotation system on which the Notes may be listed.
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