The Subordinated Notes. Section 201 Forms Generally. The Subordinated Notes and the Trustee’s certificate of authentication will be substantially in the form of Exhibit A-l and Exhibit A-2, as applicable, which are a part of this Indenture. The Subordinated Notes may have notations, legends or endorsements required by law, stock exchange rule or usage (provided that any such notation, legend or endorsement is in a form acceptable to the Company). The Company will provide any such notations, legends or endorsements to the Trustee in writing. Each Subordinated Note will be dated the date of its authentication. The terms and provisions contained in the Subordinated Notes will constitute, and are hereby expressly made a part of this Indenture and the Company and the Trustee, by their execution and delivery of this Indenture, agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Subordinated Note irreconcilably conflicts with the express provisions of this Indenture, the provisions of this Indenture will govern and be controlling.
The Subordinated Notes. The obligation of Borrower shall be further evidenced by the Subordinated Notes.
The Subordinated Notes. Section 201 Forms Generally. Each Subordinated Note and temporary or permanent global Subordinated Note issued under this Indenture will be in the form established by or in accordance with a Board Resolution and set forth in an Officers’ Certificate, or established in one or more indentures supplemental hereto, will have such appropriate insertions, omissions, substitutions and other variations as are required or permitted by or under this Indenture or any indenture supplemental hereto and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may, consistently herewith, be determined by the officer of the Company executing such Subordinated Note as evidenced by the execution of such Subordinated Note. The Subordinated Note will be issuable in registered form without coupons. Definitive Subordinated Notes may be printed, lithographed or engraved or produced by any combination of these methods on a steel engraved border or steel engraved borders or may be produced in any other manner, all as determined by the officer of the Company executing such Subordinated Notes, as evidenced by the execution of such Subordinated Notes. Section 202 Form of Trustee’s Certificate of Authentication. Subject to Section 512, the Trustee’s certificate of authentication will be in substantially the following form: This is one of the Subordinated Notes of the Series designated herein referred to in the within-mentioned Indenture. As Trustee By: As Authenticating Signatory Section 203 Subordinated Notes in Global Form. Unless otherwise provided in or under this Indenture or any Subordinated Notes, the Subordinated Notes will not be issuable in global form. If Subordinated Notes of a Series will be issuable in temporary or permanent global form, any such Subordinated Note may provide that it or any number of such Subordinated Notes will represent the aggregate amount of all Outstanding Subordinated Notes of such Series (or such lesser amount as is permitted by the terms thereof) from time to time set forth in such Subordinated Notes in global form, endorsed thereon or reflected on the books and records of the Trustee and may also provide that the aggregate amount of Outstanding Subordinated Notes represented thereby may from time to time be increased or reduced to reflect exchanges. Any endorsement of any Subordinated Note in global form to reflect the amount, or any increase or decrease in the amount, or changes in the r...
The Subordinated Notes. (a) The Subordinated Notes shall be issuable as fully registered Notes in substantially the form attached hereto as Exhibit B. The Subordinated Notes shall be designated the Company's 11.5% Subordinated Notes due 2008 and shall be issued in the aggregate principal amount of $2,940,000.
(b) The Subordinated Notes shall be dated the date of issuance thereof (except in the case of Notes issued pursuant to Section 2.9), shall bear interest on the unpaid principal amount thereof, but shall be payable only on the terms as specified herein and will otherwise be in the form of Exhibit B, hereto. Payment on the Subordinated Notes shall be subordinate to the Company's obligations to pay Project Expenses, interest and principal on the Senior Notes, and Management Fees, as provided in Sections 4.2 and 6.9 hereof.
(c) The Subordinated Notes shall be secured as provided in Section 2.13 hereof.
(d) The Subordinated Notes may be prepaid as provided in Section 5 hereof.
(e) The Company shall have no current debt service obligation with respect to the Subordinated Notes except to the extent of Consolidated Net Cash Flow After Priority Payments (as defined below), such payment to be made at the time provided in Section 4.2(b).
The Subordinated Notes. 3.1 The Subordinated Notes shall be represented by permanent Global Subordinated Notes without interest coupons as specified in the Conditions. The Global Subordinated Notes shall be substantially in the form attached hereto as Schedule 1, with such changes as may be agreed between the Issuer and the Trustee. The Conditions shall be attached to, or endorsed upon, each Global Note. In the event that individual definitive Subordinated Notes are issued, the parties shall enter into a supplement to this Agreement to provide for the matters set forth herein with regard to such definitive Subordinated Notes.
3.2 Each Global Note shall be signed manually by a duly authorized officer of the Issuer and dated the Issue Date. Each Global Note shall be authenticated manually by an authentication agent on behalf of the Trustee, and delivered to CDS.
The Subordinated Notes. Section 201
The Subordinated Notes
