Title; Amount and Issue of Securities; Principal and Interest. The Securities shall be known and designated as the “5.375% Senior Convertible Notes due 2014” of the Company. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $350,000,000, except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Securities pursuant to Section 2.08, Section 2.09, Section 2.11, Section 2.13, Section 11.05, Section 12.04 and Section 13.02, provided that Additional Securities with the same terms and with the same CUSIP numbers as the Securities issued on the date of this Indenture may be issued in an unlimited aggregate principal amount from time to time thereafter pursuant to Section 2.08; provided that such Additional Securities must be part of the same issue as the Securities issued on the date of this Indenture for U.S. federal income tax purposes. The Principal Amount shall be payable on August 1, 2014, unless earlier converted, redeemed or purchased. The Securities and the Additional Securities, if any, will be treated as a single class for purposes of this Indenture. The Securities shall bear interest at a rate of 5.375% per year. Interest on the Securities shall accrue from the Issue Date. Interest shall be payable semiannually in arrears on February 1 and August 1, beginning February 1, 2010. Interest (including any Additional Interest Amounts) on the Securities shall be computed on the basis of a 360-day year of twelve 30-day months. Each rate of interest which is calculated with reference to a period that is less than the actual number of days in the calendar year of calculation is, for the purposes of the Interest Act (Canada), equivalent to the yearly rate of interest payable on the Securities multiplied by the actual number of days in the year and divided by 360. The amount of interest payable for any period shorter than a full quarterly period for which interest is computed will be computed on the basis of the actual number of days elapsed in the period. Payments in respect of Securities represented by a Global Security (including principal and interest (including Additional Interest Amounts and Additional Amounts, if any)) will be made by wire transfer of immediately available funds to the accounts specified by the Depositary. The Company will pay principal of Physical Securities at the office or agency designated by the Company in The Borough of Manhattan, The City of New York. ...
Title; Amount and Issue of Securities; Principal and Interest. (a) The Securities shall be known and designated as the “4.00% Convertible Senior Notes due 2013” of the Company. The aggregate principal amount of Securities which may be authenticated and delivered under this Supplemental Indenture is initially limited to $400,000,000, except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Securities pursuant to Sections 303, 304, 305 or 306 of the Original Indenture or Sections 2.01(b), 7.03, 7.06, or 9.01 of this Supplemental Indenture; provided that additional Securities may be issued in an unlimited aggregate principal amount from time to time thereafter as set forth pursuant to Section 2.01(b) of this Supplemental Indenture. The Securities shall be issuable in denominations of $1,000 or integral multiples thereof.
(b) At any time and from time to time after the execution and delivery of this Supplemental Indenture, the Company may deliver Securities executed by the Company in an unlimited aggregate principal amount to the Trustee for authentication in accordance with Section 303 of the Original Indenture, and the Trustee in accordance with Section 303 of the Original Indenture and any Company Order shall authenticate and deliver such Securities as in the Indenture provided and not otherwise. All Securities issued on the Issue Date shall be identical in all respects with any such Securities authenticated and delivered thereafter, other than issue prices, issue dates, the date from which interest accrues or other identifying notations and any changes relating thereto. Notwithstanding anything to the contrary contained in this Supplemental Indenture, all Outstanding Securities issued under this Supplemental Indenture shall vote and consent together on all matters as one class and no Outstanding Securities issued under this Supplemental Indenture will have the right to vote or consent as a separate class on any matter.
(c) The Securities shall mature on June 30, 2013.
(d) Interest on the Securities shall accrue from and including the date specified on the face of such Securities until the principal thereof is paid or made available for payment. Interest shall be payable semi-annually in arrears on and June 30 and December 30 in each year, commencing December 30, 2008. If any interest payment date falls on a day that is not a Business Day, such interest payment date shall be postponed to the next succeeding Business Day and no interest on such payment ...
Title; Amount and Issue of Securities; Principal and Interest. (a) The Securities shall be known and designated as the "1.875% Convertible Senior Notes due 2014" of the Company. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is initially limited to $200.0 million, except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Securities pursuant to Section 2.03, Section 2.04, Section 2.08 2.09, 2.10, 2.11, 2.13, 8.05, 10.02, or 11.01; provided that additional Securities may be issued in an unlimited aggregate principal amount from time to time thereafter as set forth pursuant to Section 2.04. The Securities shall be issuable in denominations of $1,000 or multiples thereof.
(b) The Securities shall mature on May 15, 2014.
(c) Interest on the Securities shall accrue from and including the date specified on the face of such Securities until the principal thereof is paid or made available for payment. Interest shall be payable semi-annually in arrears on May 15 and November 15 in each year, commencing November 15, 2007. If any interest payment date falls on a day that is not a Business Day, such interest payment date shall be postponed to the next succeeding Business Day and no interest on such payment will accrue for the period from the interest payment date to such next succeeding Business Day. If the Stated Maturity date or earlier required repurchase date upon a Fundamental Change would fall on a day that is not a Business Day, the required payment of interest, if any, and principal (and Additional Interest, if any), will be made on the next succeeding Business Day and no interest on such payment will accrue for the period from and after the Stated Maturity date or earlier required repurchase date upon a Fundamental Change to such next succeeding Business Day.
(d) A Holder of any Security after 5:00 p.m., New York City time, on a Regular Record Date shall be entitled to receive interest (including any Additional Interest), on such Security on the corresponding interest payment date. Holders of Securities after 5:00 p.m., New York City time, on a Regular Record Date will receive payment of interest (including any Additional Interest) payable on the corresponding interest payment date notwithstanding the conversion of such Securities at any time after the close of business on such Regular Record Date. Securities surrendered for conversion during the period after 5:00 p.m., New York City time, on any ...
Title; Amount and Issue of Securities; Principal and Interest. (a) The Securities shall be known and designated as the “9.0% Convertible Senior Notes due 2036” of the Company. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is initially limited to $86.059 million, except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Securities pursuant to Section 2.04, Section 2.08, 2.09, 2.10, 2.11, 2.13, 5.07, 9.05, 11.03, 12.01, 12.09 or 12.10; provided that additional Securities may be issued in an unlimited aggregate principal amount from time to time thereafter as set forth pursuant to Section 2.04. The Securities shall be issuable in denominations of $1,000 or integral multiples thereof.
(b) The Securities shall mature on February 15, 2036.
(c) Interest on the Securities shall accrue from and including the date specified on the face of such Securities until the principal thereof is paid or made available for payment. Interest shall be payable semi-annually in arrears on February 15 and August 15 in each year, commencing February 15, 2010.
(d) A Holder of any Security after 5:00 p.m., New York City time, on a Regular Record Date shall be entitled to receive interest, on such Security on the corresponding interest payment date. Holders of Securities after 5:00 p.m., New York City time, on a Regular Record Date will receive payment of interest payable on the corresponding interest payment date notwithstanding the conversion of such Securities at any time after the close of business on such Regular Record Date. Securities surrendered for conversion during the period after 5:00 p.m., New York City time, on any Regular Record Date to 9:00 a.m., New York City time, on the corresponding interest payment date must be accompanied by payment of an amount equal to the interest that the Holder is to receive on the Securities. Notwithstanding the foregoing, no such payment of interest need be made by any converting Holder (i) if the Company has specified a Redemption Date that is after a Regular Record Date and on or prior to the third Trading Day after the corresponding interest payment date, (ii) if the Company has specified a Fundamental Change Purchase Date during such period, or (iii) to the extent of any overdue interest existing at the time of conversion of such Security. Except where Securities surrendered for conversion must be accompanied by payment as described above, no interest on converted Securitie...
Title; Amount and Issue of Securities; Principal and Interest. (a) The Securities shall be known and designated as the “5.25% Convertible Senior Secured Notes due 2028” of the Company. The aggregate principal amount of Securities which may be authenticated and delivered under this First Supplemental Indenture is limited to $36,004,000, except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Securities pursuant to Section 2.03, 2.05, 8.03, 9.01 hereof, or Sections 3.4, 3.5, 3.6, 6.14 or 11.7 of the Original Indenture.
(b) The Securities issued on the Issue Date will be offered and sold by the Company pursuant to an Exchange Agreement only to (i) Accredited Investors in reliance on Rule 506 and (ii) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S.
(c) The Securities shall mature on February 15, 2028 unless earlier converted, redeemed or repurchased in accordance with the provisions hereof.
(d) Interest on the Securities shall accrue from and including the date specified on the face of such Securities until the principal thereof is paid or made available for payment. Interest shall be payable semiannually in arrears on February 15 and August 15 in each year, commencing August 15, 2010. For purposes of this First Supplemental Indenture, the Securities, and the Security Documents, unless the context clearly requires otherwise, references to “interest” shall include Additional Interest and Contingent Interest.
(e) A Holder of any Security at 5:00 p.m., New York City time, on a Regular Record Date shall be entitled to receive interest (including Contingent Interest and Additional Interest, if any), on such Security on the corresponding Interest Payment Date, notwithstanding the conversion of such Securities at any time after the close of business on such Regular Record Date. Securities surrendered for conversion during the period from 5:00 p.m., New York City time, on any Regular Record Date to 9:00 a.m., New York City time, on the corresponding Interest Payment Date must be accompanied by payment of an amount equal to the interest (including Contingent Interest and Additional Interest, if any) payable on such Securities on such Interest Payment Date. Notwithstanding the foregoing, no such payment of interest (including Contingent Interest and Additional Interest) need be made by any converting Holder (i) if the Company has specified a Redemption Date that is after a Regular Record Date and on or prior to the corresp...
Title; Amount and Issue of Securities; Principal and Interest. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is unlimited. Securities may be issued in one or more series.
Title; Amount and Issue of Securities; Principal and Interest. (a) The Securities shall be known and designated as the “3.00% Convertible Senior Notes due 2020” of the Company. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is initially limited to $100,000,000 (as increased by the aggregate principal amount of any additional Securities purchased by the Initial Purchasers pursuant to their option to purchase additional Securities set forth in the Purchase Agreement), except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Securities pursuant to Section 2.03, 2.04, 2.08 2.09, 2.10, 2.11, 2.13, 9.05, 11.03 or 12.01; provided that additional Securities may be issued in an unlimited aggregate principal amount from time to time thereafter as set forth pursuant to Section 2.04. The Securities shall be issuable in denominations of $1,000 or multiples thereof.
(b) The Securities shall mature on March 15, 2020 unless earlier converted or repurchased in accordance with the provisions hereof.
(c) Interest on the Securities shall accrue from and including the date specified on the face of such Securities until the principal thereof is paid or made available for payment. Interest shall be payable semiannually in arrears on March 15 and September 15 in each year, commencing September 15, 2010.
(d) A Holder of any Security at the close of business on a Regular Record Date shall be entitled to receive interest, on such Security on the corresponding interest payment date, notwithstanding the conversion of such Securities at any time after the close of business on such Regular Record Date but prior to the corresponding interest payment date. Securities surrendered for conversion during the period after the close of business on any Regular Record Date until the open of business on the immediately following interest payment date must be accompanied by payment of an amount equal to the interest that the Holder is to receive on the Securities. Notwithstanding the foregoing, no such payment of interest need be made by any converting Holder (i) for conversions following the Regular Record Date immediately preceding the Stated Maturity, (ii) if the Company has specified a Fundamental Change Purchase Date that is after a Regular Record Date and on or prior to the third Trading Day after the corresponding interest payment date or (iii) to the extent of any overdue interest existing at the time of conversion of such Sec...
Title; Amount and Issue of Securities; Principal and Interest. (a) The Securities shall be known and designated as the “___% Convertible Senior Notes due 2012” of the Company. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is initially limited to $____ million, except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Securities pursuant to Section 2.03, 2.04, 2.08, 2.09, 2.10, 2.12, 8.05, 10.02, or 11.01; provided that additional Securities may be issued in an unlimited aggregate principal amount from time to time thereafter as set forth pursuant to Section 2.04. The Securities shall be issuable in denominations of $1,000 or integral multiples thereof 9 Section 2.02. Form of Securities 11 Section 2.03. Legends 12 Section 2.04. Execution and Authentication. One Officer shall sign the Securities for the Company by manual or facsimile signature. If an Officer whose signature is on a Security no longer holds that office at the time the Trustee authenticates the Security, the Security shall be valid nevertheless 13
Title; Amount and Issue of Securities; Principal and Interest. The Securities shall be known and designated as the “1.00% Senior Convertible Notes due 2026” of the Company. The aggregate Principal Amount of Securities that may be authenticated and delivered under this Indenture is initially limited to $425,000,000, except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Securities pursuant to Sections 2.05, 3.03, 3.04, 3.06, 3.07, 3.08, 9.06, 11.06, 12.04, 13.04 and 14.01, provided that Additional Securities with the same terms and with the same CUSIP numbers as the Securities issued on the date of this Indenture may be issued in an unlimited aggregate principal amount from time to time thereafter pursuant to Section 3.03; provided that such Additional Securities must be part of the same issue as the Securities issued on the date of this Indenture for U.S. federal income tax purposes. The Principal Amount shall be payable on May 15, 2026, unless earlier converted, redeemed or repurchased. The Securities shall bear interest at a rate of 1.00% per year. Interest on the Securities shall accrue from the Issue Date. Interest shall be payable semiannually in arrears on May 15 and November 15, beginning November 15, 2006. Interest (including any Additional Interest Amount) on the Securities shall be computed on the basis of a 360-day year of twelve 30-day months. The Principal Amount of Physical Securities shall be payable at the office or agency designated by the Company in the Borough of Manhattan, The City of New York initially the Corporate Trust Office at 101 Barclay Street, New York, New York 10286. Interest (including Additional Interest Amounts, if any) on Physical Xxxxxxxxxx xxxxx be payable (i) to Holders having an aggregate Principal Amount of $5,000,000 or less, by check mailed to the Holders of these Securities and (ii) to Holders having an aggregate Principal Amount of more than $5,000,000, either by check mailed to each Holder or, upon application by a Holder to the Security Registrar not later than two days prior to the relevant record date, by wire transfer in immediately available funds to that Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, the Security Registrar to the contrary. A Holder of any Security at 5:00 p.m., New York City time, on a Regular Record Date shall be entitled to receive interest (including Additional Interest Amounts, if any), on such Security ...
Title; Amount and Issue of Securities; Principal and Interest. (a) The Securities shall be known and designated as the “8.00% Convertible Senior Unsecured Notes” of
