The Additional Notes. (a) Pursuant to Section 2.14 of the Base Indenture, the Company hereby creates $80,000,000 aggregate principal amount of its 11% Senior Notes due 2016. These December 2012 Additional Notes shall constitute a single series with the Company’s Outstanding Notes issued on October 23, 2009, May 14, 2010 and April 19, 2011 (the “Existing Notes”), to which the December 2012 Additional Notes are identical in all terms and conditions except as to the issue date, the amount of interest payable on the first Interest Payment Date therefore and issue price as permitted under Section 2.14(a) of the Base Indenture and except as further provided in paragraph (b) below. Interest on the December 2012 Additional Notes shall accrue from November 1, 2012. The first interest payment date of the December 2012 Additional Notes shall be May 1, 2013. All December 2012 Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture. The December 2012 Additional Notes shall be issued in global form in minimum denominations of $2,000 and integral multiples of $ 1,000 in excess thereof in substantially the form of Exhibit A hereto. The terms and provisions of the December 2012 Additional Notes set forth in Exhibit A hereto shall constitute and are expressly made a part of this Seventh Supplemental Indenture.
(b) As further permitted under Section 2.14(a) of the Base Indenture, the December 2012 Additional Notes shall have different CUSIP and ISIN numbers than those of any of the Existing Notes until (A) the Registered Exchange Offer, if required, for the December 2012 Additional Notes is completed pursuant to the December 2012 Additional Notes Registration Rights Agreement and the Indenture or (B) the December 2012 Additional Notes are otherwise freely tradable and the restrictive legend has been removed therefrom pursuant to Section 2.7(h) of the Base Indenture, (whichever occurs earlier, the “Specified Time”). At the Specified Time, the portion of the December 2012 Additional Notes represented by Global Notes exchanged in a Registered Exchange Offer as described in clause (A) above or freely tradable as described in clause (B) above will, to the extent permitted by DTC and applicable law, be consolidated with the Global Note for the Existing Notes to the extent such Global Note for the December 2012 Additional Notes is freely trada...
The Additional Notes. Pursuant to Section 2.01(d) of the Base Indenture, the Company hereby creates and issues a series of Notes designated as “5.125% Senior Secured Notes due 2027,” initially limited in aggregate principal amount to $1,500,000,000 (the “5.125% 2027 Notes”); provided that the Company may, at any time and from time to time, create and issue additional 5.125% 2027 Notes in an unlimited principal amount which will be part of the same series as the 5.125% 2027 Notes and which will have the same terms (except for the issue date, issue price and, in some cases, the initial interest accrual date and the first Interest Payment Date) as the 5.125% 2027 Notes. The 5.125% 2027 Notes will have the same terms as the Original 7.000% 2024 Notes other than as provided in this Second Supplemental Indenture. All 5.125% 2027 Notes issued under the Indenture will, once issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all the terms, conditions and provisions of the Indenture.
The Additional Notes. (a) Pursuant to Section 2.14 of the Base Indenture, the Company hereby creates $110,000,000 aggregate principal amount of its 6.75% Senior Notes due 2020. These November 2013 Additional Notes shall constitute a single series with the Company’s Outstanding Notes issued on March 20, 2013 (the “Existing Notes”), to which the November 2013 Additional Notes are identical in all terms and conditions except as to the issue date, the amount of interest payable on the first Interest Payment Date therefore and issue price as permitted under Section 2.14(a) of the Base Indenture and except with respect to the use of a separate CUSIP in respect of the Regulation S Temporary Global Note for compliance with the Distribution Compliance Period as further permitted by Section 2.14(a) of the Base Indenture . Interest on the November 2013 Additional Notes shall accrue from October 1, 2013. The first interest payment date of the November 2013 Additional Notes shall be April 1, 2014. All November 2013 Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture. The November 2013 Additional Notes shall be issued in global form in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof in substantially the form of Exhibit A hereto. The terms and provisions of the November 2013 Additional Notes set forth in Exhibit A hereto shall constitute and are expressly made a part of this Supplemental Indenture.
The Additional Notes. (a) Pursuant to Section 2.02 of the Indenture, there is hereby authorized the issuance of $250,000,000 in aggregate principal amount of the Issuer’s 4.000% Senior Notes due 2029, which amount shall be specified in the Authentication Order for the Additional Notes pursuant to Section 2.02 of the Indenture. The principal of the Additional Notes shall be due and payable at the Stated Maturity of the principal of the Initial Notes.
(b) The Additional Notes will be part of the same series as the Initial Notes and will be consolidated with and form a single class with the Initial Notes for all purposes under the Indenture, including, but not limited to, for purposes of voting with respect to consents, waivers and amendments regarding the Indenture or the Notes and redemptions of and offers to purchase the Notes.
(c) The Additional Notes will be in the form set forth in the Indenture and will have identical terms (other than issue date and issue price).
(d) Each Guarantor, by its execution hereof, affirms its Note Guarantee as provided in Article 10 of the Indenture with respect to the Additional Notes and acknowledges and agrees that it shall execute a Notation of Guarantee with respect to the Additional Notes to Guarantee the Issuer’s obligations under the Additional Notes as required by the Indenture.
The Additional Notes. Pursuant to Section 2.13 of the Original Indenture, the Company hereby creates and issues $80,000,000 aggregate principal amount of its 10.75% Senior Secured Guaranteed Notes Due 2011 (the “Additional Notes”). These Additional Notes will be consolidated to form a single series, and be fully fungible, with the Company’s outstanding 10.75% Senior Secured Guaranteed Notes Due 2011 issued on July 23, 2004, to which the Additional Notes are identical in all terms and conditions except issue date. Interest on the Additional Notes shall accrue from January 23, 2005. All Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture.
The Additional Notes. The Additional Notes shall be issued in an aggregate principal amount of up to $4,085,032.50.
The Additional Notes. The Company agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Additional Notes set forth in the Exercise Notice (as defined below), and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate principal amount of such Additional Notes that bears the same proportion to the total principal amount of Additional Notes to be purchased on such Option Closing Date (as defined below) as the principal amount of Firm Notes set forth in Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes, at a purchase price of 97% of the principal amount thereof payable on the Option Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms herein set forth. The Initial Purchasers’ option to purchase Additional Notes may be exercised in whole or from time to time in part by written notice from the Representatives not later than 30 days after the date of this Agreement. Any exercise notice shall specify the principal amount of Additional Notes to be purchased by the Initial Purchasers and the date on which such Additional Notes are to be purchased (each such notice, an “Exercise Notice”). Each purchase date must be at least two business days after the written notice is given (except if the purchase date is to be the Closing Date, then such purchase date shall be the Closing Date) and may not be earlier than the Closing Date nor later than ten business days after the date of such notice.
The Additional Notes. Pursuant to Section 2.02 of the Indenture, the Company shall issue the New Notes, which are Additional Notes and shall (i) be consolidated with and form a single class with the Initial Notes, and (ii) have the same terms as the Initial Notes (except for any differences in the issue price, the issue date and the interest accrued, if any), as follows:
The Additional Notes. The Additional Notes have been duly authorized for issuance by the Company and, when duly executed, issued and delivered and paid for in accordance with the Transaction Documents, will constitute valid and binding obligations of the Company, entitled to the benefits of the Transaction Documents and enforceable against the Company in accordance with their terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles. The offer, issuance and sale of the Additional Notes to the Investors pursuant to the Agreement is exempt from the registration requirements of the 1933 Act.
The Additional Notes. (a) Upon the terms and subject to the conditions herein, in consideration for the MAST Consideration, GEG agrees to issue to MAST $2,250,000 aggregate principal amount of Additional Notes, in substantially the same form as Exhibit 4.4 to GEG’s current report on Form 8-K, filed with the Commission on December 29, 2020 and with such changes to reflect the Noteholder Consent and Waiver.
