The Notes; Amount Unlimited Sample Clauses

The Notes; Amount Unlimited. There is hereby established a series of Notes to be issued under this Indenture, which are designated as the Company’s “13% Senior Surbordinated Note due 2019.” The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited. The Original Notes shall be issued in an aggregate principal amount of $81,075,497.50. Any additional 13% senior subordinated notes of the Company issued after the date of this Indenture (“Additional Notes”) shall be part of the same series as the Original Notes, and shall have substantially identical terms and conditions as the Original Notes and will be guaranteed by the Guarantors on the same basis as the Original Notes. With respect to any Additional Notes issued after the Issue Date, they shall be (i) established in or pursuant to a resolution of the Board of Directors and (ii) (A) set forth or determined in the manner provided in an Officers’ Certificate or (B) established in one or more supplemental indentures hereto, prior to the issuance of such Additional Notes. Additional Notes shall be issued with substantially identical terms as the Original Notes set forth in this Indenture except for any variation in issuance date and, upon the issuance of Additional Notes with original issue discount (and any issuance of Additional Notes thereafter), CUSIP number. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Company shall only be entitled to issue Additional Notes in compliance with Section 4.14. As long as any Notes are outstanding, any Holder of Notes and shares of Class A common stock may, at any time and from time to time, combine these securities to form IDSs unless the IDSs have previously been automatically separated as a result of the continuance of a payment default on the Notes for 90 days, or the redemption or maturity of any Notes.