Terms of Additional Notes Clause Samples
The 'Terms of Additional Notes' clause defines the specific conditions and rules that apply to any supplementary notes or documents issued in connection with the main agreement. This clause typically outlines how these additional notes are created, their legal status, and any limitations or requirements for their use, such as approval processes or compliance with existing terms. Its core function is to ensure that any supplementary documentation is governed by clear, consistent standards, thereby preventing misunderstandings or disputes regarding their validity or enforceability.
Terms of Additional Notes. The Additional Notes shall have the terms set forth in Section 2.03 of the Twelfth Supplemental Indenture except as modified by the following:
(a) The aggregate principal amount of Additional Notes which shall be authenticated and delivered on the Additional Notes Issue Date under the Indenture shall be $1,250,000,000;
(b) The Additional Notes issued on the Additional Notes Issue Date will be issued at an issue price of 97.588% of the principal amount thereof.
Terms of Additional Notes. The terms and conditions of any Additional Notes shall be established in or pursuant to a Board Resolution, and set forth in an Officer’s Certificate, or established in one or more Supplemental Indentures approved pursuant to a Board Resolution, and as set forth in an Officer’s Certificate, prior to the issuance of Additional Notes of any series, which shall include, as applicable:
Terms of Additional Notes. The terms of the Additional Notes shall be identical to the Existing Notes issued on December 9, 2021, other than with respect to the following:
Terms of Additional Notes. The terms of the Additional Notes shall be identical to the Existing Notes issued on August 12, 2025 except that (a) the issue price of the Additional Notes shall be 99.183% of the aggregate principal amount of the Additional Notes plus accrued and unpaid interest from and including August 12, 2025, and (b) the issuance date of the Additional Notes shall be the date of this First Supplemental Indenture. The aggregate principal amount of the Additional Notes which may be authenticated and delivered under the Indenture shall be $350,000,000. The Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes. The depositary for such Global Notes shall be The Depository Trust Company, a New York corporation. The form of Global Note for the Additional Notes is attached as Exhibit A hereto. The Additional Notes shall be Additional Notes issued pursuant to Section 201 of the Indenture.
Terms of Additional Notes. As of the date hereof, the Co-Issuers will issue, and the Trustee is directed to authenticate and deliver, the Additional Notes under the Indenture, with the terms described below. The Additional Notes will:
a. be issued as part of the same class as the Existing Notes previously issued under the Indenture and constitute “Notes” for all purposes under the Indenture, and the Additional Notes and the Existing Notes shall be a single class for all purposes under the Indenture, including, without limitation, as to waivers, amendments, redemptions and offers to purchase;
b. rank pari passu with the Existing Notes and shall have identical terms and conditions as the Existing Notes other than issue date, issue price, the first Interest Payment Date and the first date from which interest will accrue;
c. (i) be issued on November 17, 2022, at an issue price of 98.50% of the principal amount, plus accrued and unpaid interest from October 20, 2022 (the first day of the current interest period of the Existing Notes) to, but not including, the issue date, (ii) accrue interest from October 20, 2022 and (iii) have a first Interest Payment Date of January 20, 2023;
d. be issuable in whole in the form of Global Notes to be held by the Trustee, as custodian for the Notes Depositary and in the form, including appropriate transfer restriction legends provided in Section 2.06(g) of the Indenture, set forth in Exhibit A to this Supplemental Indenture; and
e. bear the CUSIP number of ▇▇▇▇▇▇▇▇▇ and ISIN number of US84859BAB71 (with respect to the Additional Notes that are issued in the form of 144A Global Notes) and bear the CUSIP number of ▇▇▇▇▇▇▇▇▇ and ISIN number of USG83518AB91 (with respect to the Additional Notes that are issued in the form of Regulation S Global Notes).
Terms of Additional Notes. The Additional Notes shall have the same terms as the Initial Notes as set forth in the Base Indenture as supplemented by the Ninth Supplemental Indenture, except as modified by the following:
(a) The aggregate principal amount of Additional Notes, which shall be authenticated by the Trustee and delivered under the Indenture is $250,000,000;
(b) Interest on the Additional Notes will accrue from December 1, 2024. The Interest Payment Dates for the Additional Notes shall be the same as the Initial Notes, beginning on June 1, 2025;
(c) The Additional Notes shall be issued substantially in the form attached hereto as Exhibit A, the terms of which are herein incorporated by reference; and
(d) The Initial Notes and the Additional Notes shall be treated as a single class and will form a single series with the “4.900% Senior Notes due 2032” for all purposes under the Indenture.
Terms of Additional Notes. The Initial Notes and the New Notes shall be treated as a single series for all purposes under the Indenture, except as set forth in this Section 3. The Additional Notes issued pursuant to this Supplemental Indenture constitute additional Notes issued pursuant to Section 2.10 of the Indenture and shall:
(a) have identical terms and conditions to the Initial Notes (including the date from which interest accrues), except that the Additional Notes shall (i) be issued on July 15, 2024 at an offering price of 99.252% of the principal amount thereof, plus accrued interest from and including July 15, 2024, (ii) be issued as Restricted Securities and shall bear the legend regarding transfer restrictions set forth in Section 2.05(c) of the Indenture and (iii) initially bear the CUSIP Number of 686688 AC6 and ISIN of US686688AC68 until exchanged in accordance with Section 2.05 of the Indenture; and
(b) be issuable in whole in the form of one or more Global Notes to be held by the Depository that are substantially in the form, including appropriate transfer restriction legends, provided in Exhibit A to the Indenture.
Terms of Additional Notes. The Additional Notes shall have the terms set forth in Section 2.03 of the Second Supplemental Indenture except as modified by the following:
(a) The aggregate principal amount of Additional Notes which shall be authenticated and delivered on the Additional Notes Issue Date under the Indenture shall be $750,000,000;
(b) The Additional Notes issued on the Additional Notes Issue Date will be issued at an issue price of 104.403% of the principal amount thereof.
(c) The first interest payment date with respect to the Additional Notes shall be July 15, 2023.