Terms of the Debentures. There is hereby authorized a series of Securities designated the " % Debentures Due ", limited in aggregate principal amount to $ ,000,000 (except as provided in Section 301(2) of the Indenture). The Debentures shall mature and the principal shall be due and payable together with all accrued and unpaid interest thereon on , and shall be issued in the form of a registered Global Security without coupons, registered in the name of Cede & Co., as nominee of The Depository Trust Company (the "Depositary").
Terms of the Debentures. [The Debentures shall bear interest at the rate of [_____%] per annum on the principal amount thereof from the date of issuance until the principal of the Debentures becomes due and payable, and on any overdue principal and premium and (to the extent that payment of such interest is enforceable under applicable law) on any overdue installment of interest at the same rate per annum during such overdue period. Interest on this Debenture will be payable [semiannually][quarterly] in arrears on __________ [, __________, __________] and __________ of each year (each such date, an "Interest Payment Date"), commencing __________.] [If the Debentures are not to bear interest prior to Stated Maturity, insert - The principal of the Debentures shall not bear interest except in the case of a default in payment of principal upon acceleration, upon redemption or at Stated Maturity and in such case the overdue principal and any overdue premium shall bear interest at the rate of [yield to maturity]% per annum (to the extent that the payment of such interest shall be legally enforceable), which shall accrue from the date of such default in payment to the date payment of such principal has been made or duly provided for. Interest on any overdue principal or premium shall be payable on demand. Any such interest on any overdue principal or premium that is not so paid on demand shall bear interest at the rate of [yield to maturity]% per annum (to the extent that the payment of such interest shall be legally enforceable), which shall accrue from the date of such demand for payment to the date payment of such interest has been made or duly provided for, and such interest shall also be payable on demand.]
Terms of the Debentures. The Debentures shall be subject to the terms and conditions as set forth in this Deed.
Terms of the Debentures. The following terms relating to the Debentures are hereby established:
Terms of the Debentures. Terms of the Debentures 9
Terms of the Debentures. Pursuant to Section 3.01 of the Base Indenture, the Debentures are hereby established with the following terms and other provisions:
Terms of the Debentures. The terms of the Debentures shall be as follows:
(1) the Securities to be issued under the Indenture and this Fifth Supplemental Indenture shall be the Debentures and shall be designated as the "7.45% Debentures Due 2035"; (2) the Debentures shall constitute a single series of the Securities under the Indenture, which series is limited in aggregate principal amount to $125,000,000; (3) so long as any Debentures are registered in the name of CEDE & Co., or any other nominee of The Depository Trust Company, and are intended to be Book-Entry Securities, the provisions of Section 311 of the Indenture shall apply to such Debentures. Thereafter the Debentures may be subjected to the requirements of a successor book-entry securities system that may be adopted by the Company in accordance with the provisions of the Indenture and this Fifth Supplemental Indenture; (4) interest on each of the Debentures shall be payable at the rate per annum specified in the designation of the Debenture from June 15, 1995, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, semi-annually, on January 1 and July 1 in each year, commencing on January 1, 1996. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will be paid to the Person in whose name such Debenture (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest, which shall be the December 15 or June 15 (whether or not a Business Day), as the case may be, next preceding such Interest Payment Date. Any interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date by virtue of having been such a Holder and shall be paid by the Company as provided in Section 307 of the Indenture; (5) unless otherwise provided with respect to a Book- Entry Security or pursuant to any successor book-entry security system or similar system, payments of interest will be made by check mailed to the Holder of each Debenture at the address shown in the Security Register or, at the option of the Holder, to such other place in the United States of America as the Holder shall designate to the Trustee in writing. The principal amount of the Debentures will be paid at Maturity by check against presentation of the Debentures at the office or agency of Chemical Bank, as Trustee, in New York, New York, or such other address in New York, ...
Terms of the Debentures. The terms of the Debentures shall be as follows:
(1) The Securities to be issued under the Indenture and this First Supplemental Indenture shall be the Debentures and shall be designated as the "____% Convertible Subordinated Debentures Due 2035".
(2) The Debentures shall constitute a single series of the Securities under the Indenture, which series is limited in aggregate principal amount to $185,993,000 subject to increase by supplemental instrument to an aggregate of not more than $213,895,000.
(3) So long as all of the Debentures are registered in the name of CEDE & Co., or any other nominee of The Depository Trust Company, and are intended to be Book-Entry Securities, the provisions of Section 3.11 of the Indenture shall apply to the Debentures. Thereafter, or in lieu thereof, the Debentures may be subjected to the requirements of a successor or different book-entry securities system that may be adopted by the Company in accordance with the provisions of the Indenture and this First Supplemental Indenture.
(4) Interest on the Debentures will be paid in either shares of Common Stock Series A or cash, as specified in paragraphs (4), (5) and (6) of this Section. Interest which is paid in shares of Common Stock Series A shall be paid on the Share Transfer and Valuation Date, as defined in paragraph (5) below. Interest which is paid in cash shall be paid on the Cash Interest Payment Date, as defined in this paragraph (4). Computation of the interest payments shall be as follows: Interest on each of the Debentures shall be payable at the rate per annum specified in the title of the Debenture from _______, 1995, or from the most recent Cash Interest Payment Date to which interest has been paid or duly provided for, quarterly in arrears, on (or, if interest is paid in shares of Common Stock Series A, computed as of) January 31, April 30, July 31 and October 31 in each year (each such date, a "Cash Interest Payment Date"), commencing on ____________, 199_, subject to the right of deferral of the Company referred to in paragraph (7) of this Section. Interest shall be calculated on the basis of a 360-day year consisting of 12 months of 30 days each. For any period shorter than a full quarter, interest will be computed on the basis of the actual number of days elapsed in such period. The interest so payable, and punctually paid or duly provided for, on or before any Cash Interest Payment Date will be paid to the Person in whose name such Debenture (or one or more...
Terms of the Debentures. The Debentures will be issued and maintained exclusively in the form of a registered Global Security without coupons, registered in the name of Cede & Co., as nominee of The Depository Trust Company (the "Depositary" or "DTC") except in the limited circumstances described in Section 305 of the Original Indenture, and beneficial interests therein may be acquired, or subsequently transferred, only in denominations of $1,000 or integral multiples thereof. The provisions of Section 305 of the Original Indenture applicable to Global Securities shall apply to the Debentures.
Terms of the Debentures. The terms and provisions of the Debentures are set forth in the form of Debenture, attached hereto as Exhibit D.
