Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.625% Senior Notes Due April 15, 2015.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15, 2015. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.625% per annum. The dates on which interest on the Notes shall be payable shall be April 15 and October 15 of each year, commencing October 15, 2009 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principal, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 2 contracts
Samples: First Supplemental Indenture (Energy Transfer Partners, L.P.), First Supplemental Indenture (Sunoco Inc)
Title, Amount and Payment of Principal and Interest. (a) The 2014 Notes shall be entitled the “9.6258.50% Senior Notes Due April 15, 2015.” due 2014”. The Trustee shall authenticate and deliver (i) the 2014 Notes for original issue on the date hereof (the “Original 2014 Notes”) in the aggregate principal amount of $250 million 350,000,000, and (ii) additional 2014 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2014 Notes to be authenticated, the date on which the original issue of 2014 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2014 Notes that may be outstanding at any time may not exceed $250 million 350,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original 2014 Notes and any additional 2014 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2014 Note shall be payable on April 15, 20152014. Each 2014 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6258.50% per annum. The dates on which interest on the 2014 Notes shall be payable shall be April 15 and October 15 of each year, commencing October 15, 2009 in the case of the Original Notes (the “2014 Interest Payment Dates”). The regular record date for interest payable on the 2014 Notes on any 2014 Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)1, as the case may be, next preceding such 2014 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2014 Notes representing Book-Entry Notes on any 2014 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2019 Notes shall be entitled the “9.00% Senior Notes due 2019”. The Trustee shall authenticate and deliver (i) the 2019 Notes for original issue on the date hereof (the “Original 2019 Notes”) in the aggregate principal amount of $650,000,000, and (ii) additional 2019 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2019 Notes to be authenticated, the date on which the original issue of 2019 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2019 Notes that may be outstanding at any time may not exceed $650,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Indenture). The Original 2019 Notes and any additional 2019 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2019 Note shall be payable on April 15, 2019. Each 2019 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.00% per annum. The dates on which interest on the 2014 Notes shall be payable shall be April 15 and October 15 of each year, commencing October 15, 2009 (the “2019 Interest Payment Dates”). The regular record date for interest payable on the 2019 Notes on any 2019 Interest Payment Date shall be April 1 or October 1, as the case may be, next preceding such 2019 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2019 Notes representing Book-Entry Notes on any 2019 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 2 contracts
Samples: Eighth Supplemental Indenture (Energy Transfer Partners, L.P.), Eighth Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2013 Notes shall be entitled the “9.6256.000% Senior Notes Due April 15, 2015.” due 2013”. The Trustee shall authenticate and deliver (i) the 2013 Notes for original issue on the date hereof (the “Original 2013 Notes”) in the aggregate principal amount of $250 million 350,000,000, and (ii) additional 2013 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2013 Notes to be authenticated, the date on which the original issue of 2013 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2013 Notes that may be outstanding at any time may not exceed $250 million 350,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original 2013 Notes and any additional 2013 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2013 Note shall be payable on April 15July 1, 20152013. Each 2013 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.0% per annum. The dates on which interest on the 2013 Notes shall be payable shall be April 15 January 1 and October 15 July 1 of each year, commencing October 15July 1, 2009 in the case of the Original Notes 2008 (the “2013 Interest Payment Dates”). The regular record date for interest payable on the 2013 Notes on any 2013 Interest Payment Date shall be April 1 December 15 or October 1 (the “Regular Record Date”)June 15, as the case may be, next preceding such 2013 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2013 Notes representing Book-Entry Notes on any 2013 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2018 Notes shall be entitled the “6.700% Senior Notes due 2018”. The Trustee shall authenticate and deliver (i) the 2018 Notes for original issue on the date hereof (the “Original 2018 Notes”) in the aggregate principal amount of $600,000,000, and (ii) additional 2018 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2018 Notes to be authenticated, the date on which the original issue of 2018 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2018 Notes that may be outstanding at any time may not exceed $600,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Indenture). The Original 2018 Notes and any additional 2018 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2018 Note shall be payable on July 1, 2018. Each 2018 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.7% per annum. The dates on which interest on the 2018 Notes shall be payable shall be January 1 and July 1 of each year, commencing July 1, 2008 (the “2018 Interest Payment Dates”). The regular record date for interest payable on the 2018 Notes on any 2018 Interest Payment Date shall be December 15 or June 15, as the case may be, next preceding such 2018 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2018 Notes representing Book-Entry Notes on any 2018 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2038 Notes shall be entitled the “7.500% Senior Notes due 2038”. The Trustee shall authenticate and deliver (i) the 2038 Notes for original issue on the date hereof (the “Original 2038 Notes”) in the aggregate principal amount of $550,000,000, and (ii) additional 2038 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2038 Notes to be authenticated, the date on which the original issue of 2038 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2038 Notes that may be outstanding at any time may not exceed $550,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Indenture). The Original 2038 Notes and any additional 2038 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2038 Note shall be payable on July 1, 2038. Each 2038 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 7.5% per annum. The dates on which interest on the 2038 Notes shall be payable shall be January 1 and July 1 of each year, commencing July 1, 2008 (the “2038 Interest Payment Dates”). The regular record date for interest payable on the 2038 Notes on any 2038 Interest Payment Date shall be December 15 or June 15, as the case may be, next preceding such 2038 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2038 Notes representing Book-Entry Notes on any 2038 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 2 contracts
Samples: Indenture (Energy Transfer Partners, L.P.), Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6259.70% Senior Notes Due April 15, 2015.” due 2019”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 600,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 600,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each Note shall be payable on April March 15, 20152019. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6259.70% per annum. The dates on which interest on the Notes shall be payable shall be April March 15 and October September 15 of each year, commencing October September 15, 2009 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April March 1 or October 1 (the “Regular Record Date”)September 1, as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 2 contracts
Samples: Seventh Supplemental Indenture (Energy Transfer Partners, L.P.), Seventh Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.375% Senior Notes Due April 15, 2015.” due 2029”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 500,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the a Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 Sections 2.04 and 2.05 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 Sections 2.08 and 2.09 of the Original Base Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each Note shall be payable on April 15June 1, 20152029. Each Note shall bear interest from the date of original issuance, or from and including the most recent date Interest Payment Date to which interest has been paid, at the fixed rate of 9.6255.375% per annum. The dates on which interest on the Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15December 1, 2009 in the case of the Original Notes 2019 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 May 15 or October 1 (the “Regular Record Date”)November 15, as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: First Supplemental Indenture (EnLink Midstream, LLC)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6257.125% Senior Fixed-to-Fixed Reset Rate Junior Subordinated Notes Due April 15, 2015due 2054.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 400,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amendedPartnership Order, in each case case, upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Partnership Order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 400,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original Notes. Indenture.
(b) The principal amount of each Note shall be payable on April 15, 2015. Each Note Notes shall bear interest (i) from and including the date Original Issue Date to, but excluding, the First Reset Date at the rate of original issuance7.125% per annum and (ii) from and including the First Reset Date, or during each Reset Period at a rate per annum equal to the Five-year U.S. Treasury Rate as of the most recent date Reset Interest Determination Date plus a spread of 2.829%, to which interest has been paidbe reset on each Reset Date, at and shall have a Stated Maturity of October 1, 2054 (the fixed rate “Maturity Date”). Interest accumulating or payable on the Notes for any Interest Payment Period (or portion thereof) will be calculated on the basis of 9.625% per annuma 360-day year of twelve 30-day months. The dates on which interest Interest on the Notes shall be payable shall be semi-annually in arrears on each April 15 1 and October 15 1 (each, an “Interest Payment Date”) of each yearyear to Holders of record at the close of business on the immediately preceding Regular Record Date, commencing October 15subject to Section 2.4 hereof. If an Interest Payment Date is not a Business Day, 2009 payment of interest will be made on the next succeeding Business Day, without any interest, additional interest, or other payment in the case lieu of interest or additional interest accumulating with respect to this delay. The Partnership will give written notice of the Original relevant Five-year U.S. Treasury Rate as soon as reasonably practicable following each Reset Interest Determination Date to the Trustee and Paying Agent.
(c) If the Partnership, in its sole discretion, determines that the Five-year U.S. Treasury Rate cannot be determined pursuant to the methods set forth herein, the Partnership may, in its sole discretion, designate an unaffiliated agent or advisor, which may include an unaffiliated underwriter for the offering of the Notes or any affiliate of any such underwriter, but shall not include the Trustee (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record DateDesignee”), to determine whether there is an industry-accepted successor rate to the Five-year U.S. Treasury Rate. If the Designee determines that there is such an industry-accepted successor rate, then the Five-year U.S. Treasury Rate shall be such successor rate and, in that case, the Designee may adjust the spread and may determine and adjust the Business Day convention, the definition of a “Business Day” and the Reset Interest Determination Date to be used and any other relevant methodology for determining or otherwise calculating such successor rate, including any adjustment factor needed to make such successor rate comparable to the Five-year U.S. Treasury Rate in each case, in a manner that is consistent with industry-accepted practices for the use of such successor rate. If the Partnership, in its sole discretion, does not designate a Designee or if the Designee determines that there is no industry-accepted successor rate, then the Five-year U.S. Treasury Rate will be the same rate determined for the prior Reset Interest Determination Date or, if this sentence is applicable with respect to the first Reset Interest Determination Date, the applicable interest rate for the First Reset Period (as defined below) will be 7.125%.
(d) In no event shall the case may beTrustee be responsible for determining whether there is an industry-accepted successor rate to the Five-year U.S. Treasury Rate or for making any adjustments to any spread thereon or the Business Day convention or interest determination dates with respect thereto or any other relevant methodology for calculating any such successor rate, next preceding including any adjustment factor needed to make such Interest Payment Datesuccessor rate comparable to the Five-year U.S. Treasury Rate in each case, in a manner that is consistent with industry-accepted practices for the use of such successor rate. In connection with the foregoing, the Trustee shall be entitled to conclusively rely on any determination made by the Partnership or its Designee and will have no liability for such actions taken at the Partnership’s or Designee’s direction or otherwise in connection with respect to any such determination by the Partnership or its Designee.
(e) Payments of principalprincipal of, of premium, if any, on, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity on the Maturity Date will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such Interest Payment Date for the period from and after such Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Indenture (Energy Transfer LP)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.625“ % Senior Notes Due April 15, 2015due 20 .” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 $ million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 $ million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15, 201520 . Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.625% per annum. The dates on which interest on the Notes shall be payable shall be April 15 and October 15 of each year, commencing October 15, 2009 20 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principal, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Supplemental Indenture (Sunoco Inc)
Title, Amount and Payment of Principal and Interest. (a) The 2026 Notes shall be entitled the “9.6256.050% Senior Notes Due April 15, 2015.” due 2026”. The Trustee shall authenticate and deliver (i) the 2026 Notes for original issue on the date hereof (the “Original 2026 Notes”) in the aggregate principal amount of $250 million 1,000,000,000, and (ii) additional 2026 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Partnership Order shall specify the amount of the 2026 Notes to be authenticated, the date on which the original issue of 2026 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2026 Notes that may be outstanding at any time may not exceed $250 million 1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2026 Notes and any additional 2026 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2026 Note shall be payable on April 15December 1, 20152026. Each 2026 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.050% per annum. The dates on which interest on the 2026 Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2026 Notes Interest Payment Dates”), commencing December 1, 2023. The regular record date for interest payable on the 2026 Notes on any 2026 Notes Interest Payment Date shall be April 1 May 15 or October 1 (the “Regular Record Date”)November 15, as the case may be, next preceding such 2026 Notes Interest Payment Date. Payments of principalprincipal of, of premium, if any, on, and interest due on the 2026 Notes representing Book-Entry Notes on any 2026 Notes Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2026 Notes Interest Payment Date for the period from and after such 2026 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2028 Notes shall be entitled the “6.100% Senior Notes due 2028”. The Trustee shall authenticate and deliver (i) the 2028 Notes for original issue on the date hereof (the “Original 2028 Notes”) in the aggregate principal amount of $500,000,000, and (ii) additional 2028 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2028 Notes to be authenticated, the date on which the original issue of 2028 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2028 Notes that may be outstanding at any time may not exceed $500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2028 Notes and any additional 2028 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2028 Note shall be payable on December 1, 2028. Each 2028 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.100% per annum. The dates on which interest on the 2028 Notes shall be payable shall be June 1 and December 1 of each year (the “2028 Notes Interest Payment Dates”), commencing December 1, 2023. The regular record date for interest payable on the 2028 Notes on any 2028 Notes Interest Payment Date shall be May 15 or November 15, as the case may be, next preceding such 2028 Notes Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2028 Notes representing Book-Entry Notes on any 2028 Notes Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2028 Notes Interest Payment Date for the period from and after such 2028 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2030 Notes shall be entitled the “6.400% Senior Notes due 2030”. The Trustee shall authenticate and deliver (i) the 2030 Notes for original issue on the date hereof (the “Original 2030 Notes”) in the aggregate principal amount of $1,000,000,000, and (ii) additional 2030 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2030 Notes to be authenticated, the date on which the original issue of 2030 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2030 Notes that may be outstanding at any time may not exceed $1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2030 Notes and any additional 2030 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2030 Note shall be payable on December 1, 2030. Each 2030 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.400% per annum. The dates on which interest on the 2030 Notes shall be payable shall be June 1 and December 1 of each year (the “2030 Notes Interest Payment Dates”), commencing December 1, 2023. The regular record date for interest payable on the 2030 Notes on any 2030 Notes Interest Payment Date shall be May 15 or November 15, as the case may be, next preceding such 2030 Notes Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2030 Notes representing Book-Entry Notes on any 2030 Notes Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2030 Notes Interest Payment Date for the period from and after such 2030 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(d) The 2033 Notes shall be entitled the “6.550% Senior Notes due 2033”. The Trustee shall authenticate and deliver (i) the 2033 Notes for original issue on the date hereof (the “Original 2033 Notes”) in the aggregate principal amount of $1,500,000,000, and (ii) additional 2033 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2033 Notes to be authenticated, the date on which the original issue of 2033 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2033 Notes that may be outstanding at any time may not exceed $1,500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2033 Notes and any additional 2033 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2033 Note shall be payable on December 1, 2033. Each 2033 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.550% per annum. The dates on which interest on the 2033 Notes shall be payable shall be June 1 and December 1 of each year (the “2033 Notes Interest Payment Dates”), commencing December 1, 2023. The regular record date for interest payable on the 2033 Notes on any 2033 Notes Interest Payment Date shall be May 15 or November 15, as the case may be, next preceding such 2033 Notes Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2033 Notes representing Book-Entry Notes on any 2033 Notes Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2033 Notes Interest Payment Date for the period from and after such 2033 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6255.875% Senior Notes Due April 15, 2015.” due 2024”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 450,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 450,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original Notes. Indenture.
(b) The principal amount of each Note shall be payable on April January 15, 20152024. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.875% per annum. The dates on which interest on the Notes shall be payable shall be April January 15 and October July 15 of each year, commencing October July 15, 2009 in the case of the Original Notes 2014 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April January 1 or October 1 (the “Regular Record Date”)and July 1, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Energy Transfer Equity, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6255.625% Senior Notes Due April 15, 2015.” due 2026”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Initial Notes”) in the aggregate principal amount of $250 million 1,100,000,000, and (ii) additional Notes (the “Additional Notes”) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentenceparagraph, provided that no such additional Notes may which will be issued at a price that would cause such Notes to have “original issue discount” within the meaning part of the Internal Revenue Code of 1986same series as the Initial Notes and which will have the same terms (except for the issue date, as amendedissue price and, in some cases, the initial interest accrual date and the first Interest Payment Date), in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,100,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series withof notes for all purposes under the Indenture (collectively, the Original “Notes. ”).
(b) The principal amount of each Note shall be payable on April 15October 1, 20152026. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.625% per annum. The dates on which interest on the Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 15April 1, 2009 in the case of the Original Notes 2019 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)March 15 and September 15, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes representing Global Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Second Supplemental Indenture (Cheniere Energy Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6254.500% Senior Notes Due April 15, 2015.” due 2029”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Initial Notes”) in the aggregate principal amount of $250 million 1,500,000,000, and (ii) additional Notes (the “Additional Notes”) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentenceparagraph, provided that no such additional Notes may which will be issued at a price that would cause such Notes to have “original issue discount” within the meaning part of the Internal Revenue Code of 1986same series as the Initial Notes and which will have the same terms (except for the issue date, as amendedissue price and, in some cases, the initial interest accrual date and the first Interest Payment Date), in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional The Initial Notes and any Additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series withof notes for all purposes under the Indenture (collectively, the Original “Notes. ”).
(b) The principal amount of each Note shall be payable on April 15October 1, 20152029. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.500% per annum. The dates on which interest on the Notes shall be payable shall be October 1 and April 15 and October 15 1 of each year, commencing October 15April 1, 2009 in the case of the Original Notes 2020 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)March 15 and September 15, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes representing Global Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Third Supplemental Indenture (Cheniere Energy Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2029 Notes shall be entitled the “9.6255.250% Senior Notes Due April 15, 2015.” due 2029”. The 2029 Trustee shall authenticate and deliver (i) the 2029 Notes for original issue on the date hereof (the “Original 2029 Notes”) in the aggregate principal amount of $250 million 500.0 million, and (ii) additional 2029 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the a Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.3 of the Original Base Indenture. Such order Company Order shall specify the amount of the 2029 Notes to be authenticated, the date on which the original issue of 2029 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Original 2029 Notes that may be outstanding at and any time may not exceed $250 million plus such additional principal amounts as may be 2029 Notes issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form shall constitute a single series with, of Notes for all purposes under the Original NotesIndenture. The principal amount of each 2029 Note shall be payable on April May 15, 20152029. Each 2029 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.250% per annum. The dates on which interest on the 2029 Notes shall be payable shall be April May 15 and October November 15 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2029 Notes Interest Payment Dates”). The regular record date for interest payable on the 2029 Notes on any 2029 Notes Interest Payment Date shall be April May 1 or October 1 (the “Regular Record Date”)and November 1, as the case may be, next preceding such 2029 Notes Interest Payment Date. Payments of principalprincipal of, of premium, if any, on, and interest due on the Book-Entry 2029 Notes on any 2029 Notes Interest Payment Date or at maturity will be made available to the 2029 Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the 2029 Trustee by 11:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2029 Notes Interest Payment Date for the period from and after such 2029 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the 2029 Trustee will make such payments to the Depositary.
(b) The 2034 Notes shall be entitled the “5.500% Senior Notes due 2034”. The 2034 Trustee shall authenticate and deliver (i) the 2034 Notes for original issue on the date hereof (the “Original 2034 Notes”) in the aggregate principal amount of $500.0 million, and (ii) additional 2034 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Company Order described in this sentence, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.3 of the Base Indenture. Such Company Order shall specify the amount of the 2034 Notes to be authenticated, the date on which the original issue of 2034 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The Original 2034 Notes and any additional 2034 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Notes for all purposes under the Indenture. The principal amount of each 2034 Note shall be payable on May 15, 2034. Each 2034 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.500% per annum. The dates on which interest on the 2034 Notes shall be payable shall be May 15 and November 15 of each year (the “2034 Notes Interest Payment Dates” and, together with the 2029 Notes Interest Payment Dates, the “Interest Payment Dates”, as applicable). The regular record date for interest payable on the 2034 Notes on any 2034 Notes Interest Payment Date shall be May 1 and November 1, as the case may be, next preceding such 2034 Notes Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2034 Notes on any 2034 Notes Interest Payment Date or at maturity will be made available to the 2034 Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the 2034 Trustee by 11:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2034 Notes Interest Payment Date for the period from and after such 2034 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the 2034 Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.35% Senior Notes Due April 15, 2015due 2045.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 800,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 800,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April May 15, 20152045. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.35% per annum. The dates on which interest on the Notes shall be payable shall be April May 15 and October November 15 of each year, commencing October May 15, 2009 2015 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April May 1 or October and November 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Eleventh Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2034 Notes shall be entitled the “9.6255.550% Senior Notes Due April 15, 2015.” due 2034”. The Trustee shall authenticate and deliver (i) the 2034 Notes for original issue on the date hereof (the “Original 2034 Notes”) in the aggregate principal amount of $250 million 1,250,000,000, and (ii) additional 2034 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Partnership Order shall specify the amount of the 2034 Notes to be authenticated, the date on which the original issue of 2034 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2034 Notes that may be outstanding at any time may not exceed $250 million 1,250,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2034 Notes and any additional 2034 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2034 Note shall be payable on April May 15, 20152034. Each 2034 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.550% per annum. The dates on which interest on the 2034 Notes shall be payable shall be April May 15 and October November 15 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2034 Notes Interest Payment Dates”). The regular record date for interest payable on the 2034 Notes on any 2034 Notes Interest Payment Date shall be April May 1 or October 1 (the “Regular Record Date”)and November 1, as the case may be, next preceding such 2034 Notes Interest Payment Date. Payments of principalprincipal of, of premium, if any, on, and interest due on the 2034 Notes representing Book-Entry Notes on any 2034 Notes Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2034 Notes Interest Payment Date for the period from and after such 2034 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2054 Notes shall be entitled the “5.950% Senior Notes due 2054”. The Trustee shall authenticate and deliver (i) the 2054 Notes for original issue on the date hereof (the “Original 2054 Notes”) in the aggregate principal amount of $1,750,000,000, and (ii) additional 2054 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2054 Notes to be authenticated, the date on which the original issue of 2054 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2054 Notes that may be outstanding at any time may not exceed $1,750,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2054 Notes and any additional 2054 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2054 Note shall be payable on May 15, 2054. Each 2054 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.950% per annum. The dates on which interest on the 2054 Notes shall be payable shall be May 15 and November 15 of each year (the “2054 Notes Interest Payment Dates” and, together with the 2034 Notes Interest Payment Dates, the “Interest Payment Dates”, as applicable). The regular record date for interest payable on the 2054 Notes on any 2054 Notes Interest Payment Date shall be May 1 and November 1, as the case may be, next preceding such 2054 Notes Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2054 Notes representing Book-Entry Notes on any 2054 Notes Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2054 Notes Interest Payment Date for the period from and after such 2054 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. (a) The 2025 Notes shall be entitled the “9.6254.050% Senior Notes Due April 15, 2015.” due 2025”. The Trustee shall authenticate and deliver (i) the 2025 Notes for original issue on the date hereof (the “Original 2025 Notes”) in the aggregate principal amount of $250 million 1,000,000,000, and (ii) additional 2025 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2025 Notes to be authenticated, the date on which the original issue of 2025 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2025 Notes that may be outstanding at any time may not exceed $250 million 1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2025 Notes and any additional 2025 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2025 Note shall be payable on April March 15, 20152025. Each 2025 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.050% per annum. The dates on which interest on the 2025 Notes shall be payable shall be April March 15 and October September 15 of each year, commencing October September 15, 2009 in the case of the Original Notes 2015 (the “2025 Interest Payment Dates”). The regular record date for interest payable on the 2025 Notes on any 2025 Interest Payment Date shall be April March 1 or October 1 (the “Regular Record Date”)September 1, as the case may be, next preceding such 2025 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2025 Notes representing Book-Entry Notes on any 2025 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2035 Notes shall be entitled the “4.900% Senior Notes due 2035”. The Trustee shall authenticate and deliver (i) the 2035 Notes for original issue on the date hereof (the “Original 2035 Notes”) in the aggregate principal amount of $500,000,000, and (ii) additional 2035 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2035 Notes to be authenticated, the date on which the original issue of 2035 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2035 Notes that may be outstanding at any time may not exceed $500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2035 Notes and any additional 2035 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2035 Note shall be payable on March 15, 2035. Each 2035 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 4.900% per annum. The dates on which interest on the 2035 Notes shall be payable shall be March 15 and September 15 of each year, commencing September 15, 2015 (the “2035 Interest Payment Dates”). The regular record date for interest payable on the 2035 Notes on any 2035 Interest Payment Date shall be March 1 or September 1, as the case may be, next preceding such 2035 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2035 Notes representing Book-Entry Notes on any 2035 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2045 Notes shall be entitled the “5.150% Senior Notes due 2045”. The Trustee shall authenticate and deliver (i) the 2045 Notes for original issue on the date hereof (the “Original 2045 Notes”) in the aggregate principal amount of $1,000,000,000, and (ii) additional 2045 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2045 Notes to be authenticated, the date on which the original issue of 2045 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2045 Notes that may be outstanding at any time may not exceed $1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2045 Notes and any additional 2045 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2045 Note shall be payable on March 15, 2045. Each 2045 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.150% per annum. The dates on which interest on the 2045 Notes shall be payable shall be March 15 and September 15 of each year, commencing September 15, 2015 (the “2045 Interest Payment Dates”). The regular record date for interest payable on the 2045 Notes on any 2045 Interest Payment Date shall be March 1 or September 1, as the case may be, next preceding such 2045 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2045 Notes representing Book-Entry Notes on any 2045 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.450% Senior Notes Due April 15, 2015.” due 2047”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 500,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 Sections 2.04 and 2.05 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 Sections 2.08 and 2.09 of the Original Base Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each Note shall be payable on April 15June 1, 20152047. Each Note shall bear interest from the date of original issuance, or from and including the most recent date Interest Payment Date to which interest has been paid, at the fixed rate of 9.6255.450% per annum. The dates on which interest on the Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15December 1, 2009 in the case of the Original Notes 2017 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 May 15 or October 1 (the “Regular Record Date”)November 15, as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fifth Supplemental Indenture (EnLink Midstream Partners, LP)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.95% Senior Notes Due April 15, 2015due 2025.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 400,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 400,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15December 1, 20152025. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.95% per annum. The dates on which interest on the Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15June 1, 2009 2016 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 May 15 and November 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Thirteenth Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2020 Notes shall be entitled the “9.6257.500% Senior Notes Due April 15, 2015.” due 2020”. The Trustee shall authenticate and deliver (i) the 2020 Notes for original issue on the date hereof (the “Original 2020 Notes”) in the aggregate principal amount of $250 million 1,128,540,000, and (ii) additional 2020 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Partnership Order shall specify the amount of the 2020 Notes to be authenticated, the date on which the original issue of 2020 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2020 Notes that may be outstanding at any time may not exceed $250 million 1,128,540,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2020 Notes and any additional 2020 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2020 Note shall be payable on April October 15, 20152020. Each 2020 Note shall bear interest from the date of original issuanceOctober 15, 2018, or the most recent date to which interest has been paid, at the fixed rate of 9.6257.500% per annum. The dates on which interest on the 2020 Notes shall be payable shall be April 15 and October 15 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2020 Interest Payment Dates”), commencing April 15, 2019. The regular record date for interest payable on the 2020 Notes on any 2020 Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)1, as the case may be, next preceding such 2020 Interest Payment Date. Payments of principalprincipal of, of premium, if any, on, and interest due on the 2020 Notes representing Book-Entry Notes on any 2020 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2020 Interest Payment Date for the period from and after such 2020 Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2023 Notes shall be entitled the “4.250% Senior Notes due 2023”. The Trustee shall authenticate and deliver (i) the 2023 Notes for original issue on the date hereof (the “Original 2023 Notes”) in the aggregate principal amount of $993,153,000, and (ii) additional 2023 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2023 Notes to be authenticated, the date on which the original issue of 2023 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2023 Notes that may be outstanding at any time may not exceed $993,153,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2023 Notes and any additional 2023 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2023 Note shall be payable on March 15, 2023. Each 2023 Note shall bear interest from March 15, 2019, or the most recent date to which interest has been paid, at the fixed rate of 4.250% per annum. The dates on which interest on the 2023 Notes shall be payable shall be March 15 and September 15 of each year (the “2023 Interest Payment Dates”), commencing September 15, 2019. The regular record date for interest payable on the 2023 Notes on any 2023 Interest Payment Date shall be March 1 or September 1, as the case may be, next preceding such 2023 Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2023 Notes representing Book-Entry Notes on any 2023 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2023 Interest Payment Date for the period from and after such 2023 Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2024 Notes shall be entitled the “5.875% Senior Notes due 2024”. The Trustee shall authenticate and deliver (i) the 2024 Notes for original issue on the date hereof (the “Original 2024 Notes”) in the aggregate principal amount of $1,127,484,000, and (ii) additional 2024 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2024 Notes to be authenticated, the date on which the original issue of 2024 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2024 Notes that may be outstanding at any time may not exceed $1,127,484,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2024 Notes and any additional 2024 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2024 Note shall be payable on January 15, 2024. Each 2024 Note shall bear interest from January 15, 2019, or the most recent date to which interest has been paid, at the fixed rate of 5.875% per annum. The dates on which interest on the 2024 Notes shall be payable shall be January 15 and July 15 of each year (the “2024 Interest Payment Dates”), commencing July 15, 2019. The regular record date for interest payable on the 2024 Notes on any 2024 Interest Payment Date shall be January 1 or July 1, as the case may be, next preceding such 2024 Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2024 Notes representing Book-Entry Notes on any 2024 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2024 Interest Payment Date for the period from and after such 2024 Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(d) The 2027 Notes shall be entitled the “5.500% Senior Notes due 2027”. The Trustee shall authenticate and deliver (i) the 2027 Notes for original issue on the date hereof (the “Original 2027 Notes”) in the aggregate principal amount of $955,955,000, and (ii) additional 2027 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2027 Notes to be authenticated, the date on which the original issue of 2027 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2027 Notes that may be outstanding at any time may not exceed $955,955,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2027 Notes and any additional 2027 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2027 Note shall be payable on June 1, 2027. Each 2027 Note shall bear interest from December 1, 2018, or the most recent date to which interest has been paid, at the fixed rate of 5.500% per annum. The dates on which interest on the 2027 Notes shall be payable shall be June 1 and December 1 of each year (the “2027 Interest Payment Dates”), commencing June 1, 2019. The regular record date for interest payable on the 2027 Notes on any 2027 Interest Payment Date shall be May 15 or November 15, as the case may be, next preceding such 2027 Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2027 Notes representing Book-Entry Notes on any 2027 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2027 Interest Payment Date for the period from and after such 2027 Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Third Supplemental Indenture (Energy Transfer Operating, L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6256.50% Senior Notes Due April 15, 2015due 2019.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 700 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 700 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15January 31, 20152019. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.50% per annum. The dates on which interest on the Notes shall be payable shall be April 15 January 31 and October 15 July 31 of each year, commencing October 15July 31, 2009 2008 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 January 15 or October 1 July 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Thirteenth Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6254.000% Senior Notes Due April 15, 2015.” due 2031”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Initial Notes”) in the aggregate principal amount of $250 million 1,500,000,000, and (ii) additional Notes (the “Additional Notes”) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentenceparagraph, provided that no such additional Notes may which will be issued at a price that would cause such Notes to have “original issue discount” within the meaning part of the Internal Revenue Code of 1986same series as the Initial Notes and which will have the same terms (except for the issue date, as amendedissue price and, in some cases, the initial interest accrual date and the first Interest Payment Date), in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original IndentureBase Indenture (as amended by Section 2.1(a) hereof). Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional The Initial Notes and any Additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series withof notes for all purposes under the Indenture (collectively, the Original “Notes. ”).
(b) The principal amount of each Note shall be payable on April 15March 1, 20152031. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.000% per annum. The dates on which interest on the Notes shall be payable shall be April 15 March 1 and October 15 September 1 of each year, commencing October 15September 1, 2009 in the case of the Original Notes 2021 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)February 15 and August 15, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes representing Global Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fifth Supplemental Indenture (Cheniere Energy Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2029 Notes shall be entitled the “9.6255.250% Senior Notes Due April 15, 2015.” due 2029”. The Trustee shall authenticate and deliver (i) the 2029 Notes for original issue on the date hereof (the “Original 2029 Notes”) in the aggregate principal amount of $250 million 1,000,000,000, and (ii) additional 2029 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Partnership Order shall specify the amount of the 2029 Notes to be authenticated, the date on which the original issue of 2029 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2029 Notes that may be outstanding at any time may not exceed $250 million 1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2029 Notes and any additional 2029 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2029 Note shall be payable on April 15July 1, 20152029. Each 2029 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.250% per annum. The dates on which interest on the 2029 Notes shall be payable shall be April 15 January 1 and October 15 July 1 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2029 Notes Interest Payment Dates”). The regular record date for interest payable on the 2029 Notes on any 2029 Notes Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)December 15 and June 15, as the case may be, next preceding such 2029 Notes Interest Payment Date. Payments of principalprincipal of, of premium, if any, on, and interest due on the 2029 Notes representing Book-Entry Notes on any 2029 Notes Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2029 Notes Interest Payment Date for the period from and after such 2029 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2034 Notes shall be entitled the “5.600% Senior Notes due 2034”. The Trustee shall authenticate and deliver (i) the 2034 Notes for original issue on the date hereof (the “Original 2034 Notes”) in the aggregate principal amount of $1,250,000,000, and (ii) additional 2034 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2034 Notes to be authenticated, the date on which the original issue of 2034 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2034 Notes that may be outstanding at any time may not exceed $1,250,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2034 Notes and any additional 2034 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2034 Note shall be payable on September 1, 2034. Each 2034 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.600% per annum. The dates on which interest on the 2034 Notes shall be payable shall be March 1 and September 1 of each year (the “2034 Notes Interest Payment Dates”). The regular record date for interest payable on the 2034 Notes on any 2034 Notes Interest Payment Date shall be February 15 and August 15, as the case may be, next preceding such 2034 Notes Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2034 Notes representing Book-Entry Notes on any 2034 Notes Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2034 Notes Interest Payment Date for the period from and after such 2034 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2054 Notes shall be entitled the “6.050% Senior Notes due 2054”. The Trustee shall authenticate and deliver (i) the 2054 Notes for original issue on the date hereof (the “Original 2054 Notes”) in the aggregate principal amount of $1,250,000,000, and (ii) additional 2054 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2054 Notes to be authenticated, the date on which the original issue of 2054 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2054 Notes that may be outstanding at any time may not exceed $1,250,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2054 Notes and any additional 2054 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2054 Note shall be payable on September 1, 2054. Each 2054 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.050% per annum. The dates on which interest on the 2054 Notes shall be payable shall be March 1 and September 1 of each year (the “2054 Notes Interest Payment Dates”). The regular record date for interest payable on the 2054 Notes on any 2054 Notes Interest Payment Date shall be February 15 and August 15, as the case may be, next preceding such 2054 Notes Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2054 Notes representing Book-Entry Notes on any 2054 Notes Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2054 Notes Interest Payment Date for the period from and after such 2054 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6254.150% Senior Notes Due April 15, 2015.” due 2025”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 750,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 Sections 2.04 and 2.05 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 750,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 Sections 2.08 and 2.09 of the Original Base Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each Note shall be payable on April 15June 1, 20152025. Each Note shall bear interest from the date of original issuance, or from and including the most recent date Interest Payment Date to which interest has been paid, at the fixed rate of 9.6254.150% per annum. The dates on which interest on the Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15December 1, 2009 in the case of the Original Notes 2015 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 May 15 or October 1 (the “Regular Record Date”)November 15, as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Third Supplemental Indenture (EnLink Midstream Partners, LP)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.30% Senior Notes Due April 15, 2015due 2044.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 700,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 700,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 151, 20152044. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.30% per annum. The dates on which interest on the Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 151, 2009 2014 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 March 15 and September 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Tenth Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6256.300% Senior Notes Due April 15, 2015due 2017.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 800 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 800 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April September 15, 20152017. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.300% per annum. The dates on which interest on the Notes shall be payable shall be April March 15 and October September 15 of each year, commencing October March 15, 2009 2008 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April March 1 or October September 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Eleventh Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. (a) The 2026 Notes shall be entitled the “9.6250.875% Senior Guaranteed Notes Due April 15, 2015.” due 2026”. The Trustee shall authenticate and deliver (i) the 2026 Notes for original issue on the date hereof (the “Original 2026 Notes”) in the aggregate principal amount of $250 million €500,000,000 and (ii) additional 2026 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon by a Company Order order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Base Indenture. Such order shall specify the amount of the 2026 Notes to be authenticated, the date on which the original issue of 2026 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of the 2026 Notes that may be outstanding at any time may not exceed $250 million €500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.10 of the Original Base Indenture). Any such The Original 2026 Notes and any additional 2026 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Securities for all purposes under the Original NotesIndenture. The principal amount of each 2026 Note shall be payable on April 15September 17, 20152026 (the “2026 Maturity Date”). Each 2026 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the a fixed rate of 9.6250.875% per annum. The dates on which interest Interest on the 2026 Notes shall be payable shall be April 15 and October 15 annually on September 17 of each year, commencing October 15, 2009 in year until the case of the Original Notes 2026 Maturity Date (the “2026 Interest Payment DatesDate”), commencing on September 17, 2020. The regular record date for interest payable on the 2026 Notes on any the 2026 Interest Payment Date shall be April 1 the Clearing System Business Day immediately preceding the 2026 Interest Payment Date. Interest will be computed on the basis of the actual number of days in the period for which interest is being calculated and the actual number of days from and including the date from which interest begins to accrue for the period (or October 1 from the issue date of the Notes if no interest has been paid on the Notes) to, but excluding the next scheduled Interest Payment Date. Such payment convention is referred to hereinafter as Actual/Actual (ICMA). All payments of interest and principal, including payments made upon any redemption of the 2026 Notes, shall be payable in Euros. Payment of interest, subject to such surrender where applicable, (i) may be made at the Company’s option by wire transfer or by check mailed to the address of the Person entitled thereto as such address shall appear in the Security Register and (ii) in the case of any Global Notes, must be made by wire transfer at such place and to such account at a banking institution as may be designated in writing to the Trustee at least sixteen (16) days prior to the date for payment by the Person entitled thereto. So long as the beneficial owner of the 2026 Notes is the Common Safekeeper, payment of principal and interest shall be made in accordance with the requirements of Euroclear and Clearstream. If, on or after September 10, 2019, the Euro is unavailable to the Company (or the Guarantor, in the case of payments under the guaranty hereunder) due to the imposition of exchange controls or other circumstances beyond the Company’s (or the Guarantor’s, in the case of payments under the guaranty hereunder) control or if the Euro is no longer being used by the then-member states of the European Economic and Monetary Union that have adopted the Euro as their currency or for the settlement of transactions by public institutions of or within the international banking community, then all payments in respect of the 2026 Notes will be made in U.S. Dollars until the Euro is again available to the Company (or the Guarantor, as applicable) or so used. The amount payable on any date in Euros will be converted into U.S. Dollars at the rate mandated by the U.S. Federal Reserve Board as of the close of business on the second business day prior to the relevant payment date or, in the event the U.S. Federal Reserve Board has not mandated a rate of conversion, on the basis of the then most recent U.S. Dollar/Euro exchange rate published on Bloomberg L.P. on or most recently prior to the second business day prior to the relevant payment date. Any payment in respect of the 2026 Notes so made in U.S. Dollars will not constitute an Event of Default under the 2026 Notes or the Indenture. Neither the Trustee nor the Paying Agent shall have any responsibility for any calculation or conversion in connection with the foregoing.
(b) The 2031 Notes shall be entitled the “1.625% Guaranteed Notes due 2031”. The Trustee shall authenticate and deliver (i) the 2031 Notes for original issue on the date hereof (the “Regular Record Original 2031 Notes”) in the aggregate principal amount of €500,000,000 and (ii) additional 2031 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified by a Company order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.05 of the Base Indenture. Such order shall specify the amount of the 2031 Notes to be authenticated, the date on which the original issue of 2031 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of the 2031 Notes that may be outstanding at any time may not exceed €500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.10 of the Base Indenture). The Original 2031 Notes and any additional 2031 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Securities for all purposes under the Indenture. The principal amount of each 2031 Note shall be payable on September 17, 2031 (the “2031 Maturity Date”). Each 2031 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at a fixed rate of 1.625% per annum. Interest on the 2031 Notes shall be payable on annually on September 17 of each year until the 2031 Maturity Date (the “2031 Interest Payment Date”), as commencing on September 17, 2020. The regular record date for interest payable on the case may be, next 2031 Notes on the 2031 Interest Payment Date shall be the Clearing System Business Day immediately preceding such the 2031 Interest Payment Date. Payments All payments of interest and principal, including payments made upon any redemption of premiumthe 2031 Notes, if anyshall be payable in Euros. Payment of interest, subject to such surrender where applicable, (i) may be made at the Company’s option by wire transfer or by check mailed to the address of the Person entitled thereto as such address shall appear in the Security Register and (ii) in the case of any Global Notes, must be made by wire transfer at such place and to such account at a banking institution as may be designated in writing to the Trustee at least sixteen (16) days prior to the date for payment by the Person entitled thereto. So long as the beneficial owner of the 2031 Notes is the Common Safekeeper, payment of principal and interest shall be made in accordance with the requirements of Euroclear and Clearstream. If, on or after September 10, 2019, the Euro is unavailable to the Company (or the Guarantor, in the case of payments under the guaranty hereunder) due on to the Bookimposition of exchange controls or other circumstances beyond the Company’s (or the Guarantor’s, in the case of payments under the guaranty hereunder) control or if the Euro is no longer being used by the then-Entry member states of the European Economic and Monetary Union that have adopted the Euro as their currency or for the settlement of transactions by public institutions of or within the international banking community, then all payments in respect of the 2031 Notes on any Interest Payment Date or at maturity will be made in U.S. Dollars until the Euro is again available to the Trustee Company (or the Guarantor, as applicable) or so used. The amount payable on any date in Euros will be converted into U.S. Dollars at the rate mandated by 11:00 a.m., New York City time, the U.S. Federal Reserve Board as of the close of business on such date, unless such the second business day prior to the relevant payment date falls on a day which is not a Business Dayor, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City timeevent the U.S. Federal Reserve Board has not mandated a rate of conversion, on the next Business Daybasis of the then most recent U.S. Dollar/Euro exchange rate published on Bloomberg L.P. on or most recently prior to the second business day prior to the relevant payment date. As soon as possible thereafter, Any payment in respect of the 2031 Notes so made in U.S. Dollars will not constitute an Event of Default under the 2031 Notes or the Indenture. Neither the Trustee will make such payments to nor the DepositaryPaying Agent shall have any responsibility for any calculation or conversion in connection with the foregoing.
Appears in 1 contract
Samples: First Supplemental Indenture (LyondellBasell Industries N.V.)
Title, Amount and Payment of Principal and Interest. (a) The 2027 Notes shall be entitled the “9.6254.200% Senior Notes Due April 15, 2015.” due 2027”. The Trustee shall authenticate and deliver (i) the 2027 Notes for original issue on the date hereof (the “Original 2027 Notes”) in the aggregate principal amount of $250 million 500.0 million, and (ii) additional 2027 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the a Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.3 of the Original Base Indenture. Such order Company Order shall specify the amount of the 2027 Notes to be authenticated, the date on which the original issue of 2027 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Original 2027 Notes that may be outstanding at and any time may not exceed $250 million plus such additional principal amounts as may be 2027 Notes issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form shall constitute a single series with, of Notes for all purposes under the Original NotesIndenture. The principal amount of each 2027 Note shall be payable on April 15September 10, 20152027. Each 2027 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.200% per annum. The dates on which interest on the 2027 Notes shall be payable shall be April 15 March 10 and October 15 September 10 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2027 Notes Interest Payment Dates”). The regular record date for interest payable on the 2027 Notes on any 2027 Notes Interest Payment Date shall be April March 1 or October 1 (the “Regular Record Date”)and September 1, as the case may be, next preceding such 2027 Notes Interest Payment Date. Payments of principal, of premium, if any, on, and interest due on the Book-Entry 2027 Notes on any 2027 Notes Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2027 Notes Interest Payment Date for the period from and after such 2027 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2029 Notes shall be entitled the “4.300% Senior Notes due 2029”. The Trustee shall authenticate and deliver (i) the 2029 Notes for original issue on the date hereof (the “Original 2029 Notes”) in the aggregate principal amount of $1.0 billion, and (ii) additional 2029 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Company Order described in this sentence, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.3 of the Base Indenture. Such Company Order shall specify the amount of the 2029 Notes to be authenticated, the date on which the original issue of 2029 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The Original 2029 Notes and any additional 2029 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Notes for all purposes under the Indenture. The principal amount of each 2029 Note shall be payable on September 10, 2029. Each 2029 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 4.300% per annum. The dates on which interest on the 2029 Notes shall be payable shall be March 10 and September 10 of each year (the “2029 Notes Interest Payment Dates”). The regular record date for interest payable on the 2029 Notes on any 2029 Notes Interest Payment Date shall be March 1 and September 1, as the case may be, next preceding such 2029 Notes Interest Payment Date. Payments of principal, premium, if any, on, and interest due on the 2029 Notes on any 2029 Notes Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2029 Notes Interest Payment Date for the period from and after such 2029 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2034 Notes shall be entitled the “4.700% Senior Notes due 2034”. The Trustee shall authenticate and deliver (i) the 2034 Notes for original issue on the date hereof (the “Original 2034 Notes”) in the aggregate principal amount of $1.0 billion, and (ii) additional 2034 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Company Order described in this sentence, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.3 of the Base Indenture. Such Company Order shall specify the amount of the 2034 Notes to be authenticated, the date on which the original issue of 2034 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The Original 2034 Notes and any additional 2034 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Notes for all purposes under the Indenture. The principal amount of each 2034 Note shall be payable on September 10, 2034. Each 2034 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 4.700% per annum. The dates on which interest on the 2034 Notes shall be payable shall be March 10 and September 10 of each year (the “2034 Notes Interest Payment Dates” and, together with the 2027 Notes Interest Payment Dates and the 2029 Notes Interest Payment Dates, the “Interest Payment Dates”, as applicable). The regular record date for interest payable on the 2034 Notes on any 2034 Notes Interest Payment Date shall be March 1 and September 1, as the case may be, next preceding such 2034 Notes Interest Payment Date. Payments of principal, premium, if any, on, and interest due on the 2034 Notes on any 2034 Notes Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2034 Notes Interest Payment Date for the period from and after such 2034 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Supplemental Indenture (Cadence Design Systems Inc)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6254.25% Senior Notes Due April 15, 2015due 2024.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 300,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 300,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 151, 20152024. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.25 % per annum. The dates on which interest on the Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 151, 2009 2014 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 March 15 or October 1 September 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Ninth Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6255.750% Senior Notes Due April 15, 2015due 2034.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Initial Notes”) in the aggregate principal amount of $250 million 1,200,000,000, and (ii) additional Notes (the “Additional Notes”) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentenceparagraph, provided that no such additional Notes may which will be issued at a price that would cause such Notes to have “original issue discount” within the meaning part of the Internal Revenue Code of 1986same series as the Initial Notes and which will have the same terms (except for the issue date, as amendedissue price and, in some cases, the initial interest accrual date and the first Interest Payment Date), in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original IndentureBase Indenture (as amended by Section 2.1(c) hereof). Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,200,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional The Initial Notes and any Additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series withof notes for all purposes under the Indenture (collectively, the Original “Notes. ”).
(b) The principal amount of each Note shall be payable on April August 15, 20152034. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.750% per annum. The dates on which interest Interest on the Notes shall be payable shall be April on February 15 and October August 15 of each year, commencing October February 15, 2009 in the case of the Original Notes 2025 (the each, an “Interest Payment DatesDate”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April February 1 or October 1 (the “Regular Record Date”)August 1, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes representing Global Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Ninth Supplemental Indenture (Cheniere Energy Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6253.90% Senior Notes Due April 15, 2015due 2026.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 550,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 550,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April July 15, 20152026. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6253.90% per annum. The dates on which interest on the Notes shall be payable shall be April January 15 and October July 15 of each year, commencing October January 15, 2009 2017 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April January 1 or October and July 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. The Series A Notes shall be entitled the “9.625"6.375% Series A Senior Notes Due April 15, 2015due 2013," and the Series B Notes shall be entitled the "6.375% Series B Senior Notes due 2013.” " The Trustee shall authenticate and deliver (i) Series A Notes for original issue on the date hereof Issue Date (the “"Original Series A Notes”") in the aggregate principal amount of $250 million and 350,000,000, (ii) additional Series A Notes for original issue from time to time after the date hereof Issue Date in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional sentence and (iii) Series B Notes may be issued at a price that would cause such Notes to have “for original issue discount” within the meaning from time to time thereafter for issue only in exchange for a like principal amount of the Internal Revenue Code of 1986, as amendedSeries A Notes, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, whether the Notes are Series A Notes or Series B Notes, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 350,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15February 1, 20152013. Each Series A Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.375% per annum. Each Series B Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Series A Note for which such Series B Note was exchanged or, if no interest shall have been paid on such Series A Note, then from the date of original issuance of such Series A Note. The dates on which interest on the Notes shall be payable shall be April 15 February 1 and October 15 August 1 of each year, commencing October 15August 1, 2009 2003 in the case of the Original Series A Notes (the “"Interest Payment Dates”"). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 the January 15 or October 1 July 15 (the “"Regular Record Date”"), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: First Supplemental Indenture (Enterprise Products Operating L P)
Title, Amount and Payment of Principal and Interest. (a) The 2017 Notes shall be entitled the “9.6256.125% Senior Notes Due April 15, 2015.” due 2017”. The Trustee shall authenticate and deliver (i) the 2017 Notes for original issue on the date hereof (the “Original 2017 Notes”) in the aggregate principal amount of $250 million 400,000,000, and (ii) additional 2017 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional 2017 Notes may be issued at a price that would cause such 2017 Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2017 Notes to be authenticated, the date on which the original issue of 2017 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2017 Notes that may be outstanding at any time may not exceed $250 million 400,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original 2017 Notes and any additional 2017 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2017 Note shall be payable on April February 15, 20152017. Each 2017 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.125% per annum. The dates on which interest on the 2017 Notes shall be payable shall be April February 15 and October August 15 of each year, commencing October February 15, 2009 in the case of the Original Notes 2007 (the “2017 Interest Payment Dates”). The regular record date for interest payable on the 2017 Notes on any 2017 Interest Payment Date shall be April the February 1 or October August 1 (the “2017 Regular Record Date”), as the case may be, next preceding such 2017 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2017 Notes representing Book-Entry Notes on any 2017 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2036 Notes shall be entitled the “6.625% Senior Notes due 2036”. The Trustee shall authenticate and deliver (i) the 2036 Notes for original issue on the date hereof (the “Original 2036 Notes”) in the aggregate principal amount of $400,000,000, and (ii) additional 2036 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, provided that no such additional 2036 Notes may be issued at a price that would cause such 2036 Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2036 Notes to be authenticated, the date on which the original issue of 2036 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2036 Notes that may be outstanding at any time may not exceed $400,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Indenture). The Original 2036 Notes and any additional 2036 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2036 Note shall be payable on October 15, 2036. Each 2036 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.625% per annum. The dates on which interest on the 2036 Notes shall be payable shall be April 15 and October 15 of each year, commencing April 15, 2007 (the “2036 Interest Payment Dates”). The regular record date for interest payable on the 2036 Notes on any 2036 Interest Payment Date shall be the April 1 or October 1 (the “2036 Regular Record Date”), as the case may be, next preceding such 2036 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2036 Notes representing Book-Entry Notes on any 2036 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fifth Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2022 Notes shall be entitled the “9.6255.20% Senior Notes Due April 15, 2015.” due 2022”. The Trustee shall authenticate and deliver (i) the 2022 Notes for original issue on the date hereof (the “Original 2022 Notes”) in the aggregate principal amount of $250 million 1,000,000,000, and (ii) additional 2022 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2022 Notes to be authenticated, the date on which the original issue of 2022 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2022 Notes that may be outstanding at any time may not exceed $250 million 1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original 2022 Notes and any additional 2022 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2022 Note shall be payable on April 15February 1, 20152022. Each 2022 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.20% per annum. The dates on which interest on the 2022 Notes shall be payable shall be April 15 February 1 and October 15 August 1 of each year, commencing October 15August 1, 2009 in the case of the Original Notes 2012 (the “2022 Interest Payment Dates”). The regular record date for interest payable on the 2022 Notes on any 2022 Interest Payment Date shall be April 1 January 15 or October 1 (the “Regular Record Date”)July 15, as the case may be, next preceding such 2022 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2022 Notes representing Book-Entry Notes on any 2022 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2042 Notes shall be entitled the “6.50% Senior Notes due 2042”. The Trustee shall authenticate and deliver (i) the 2042 Notes for original issue on the date hereof (the “Original 2042 Notes”) in the aggregate principal amount of $1,000,000,000, and (ii) additional 2042 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2042 Notes to be authenticated, the date on which the original issue of 2042 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2042 Notes that may be outstanding at any time may not exceed $1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Indenture). The Original 2042 Notes and any additional 2042 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2042 Note shall be payable on February 1, 2042. Each 2042 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.50% per annum. The dates on which interest on the 2022 Notes shall be payable shall be February 1 and August 1 of each year, commencing August 1, 2012 (the “2042 Interest Payment Dates”). The regular record date for interest payable on the 2042 Notes on any 2042 Interest Payment Date shall be January 15 or July 15, as the case may be, next preceding such 2042 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2042 Notes representing Book-Entry Notes on any 2042 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Tenth Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2023 Notes shall be entitled the “9.6253.60% Senior Notes Due April 15, 2015.” due 2023”. The Trustee shall authenticate and deliver (i) the 2023 Notes for original issue on the date hereof (the “Original 2023 Notes”) in the aggregate principal amount of $250 million 800,000,000, and (ii) additional 2023 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2023 Notes to be authenticated, the date on which the original issue of 2023 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2023 Notes that may be outstanding at any time may not exceed $250 million 800,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original 2023 Notes and any additional 2023 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2023 Note shall be payable on April 15February 1, 20152023. Each 2023 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6253.60% per annum. The dates on which interest on the 2023 Notes shall be payable shall be April 15 February 1 and October 15 August 1 of each year, commencing October 15August 1, 2009 in the case of the Original Notes 2013 (the “2023 Interest Payment Dates”). The regular record date for interest payable on the 2023 Notes on any 2023 Interest Payment Date shall be April 1 January 15 or October 1 (the “Regular Record Date”)July 15, as the case may be, next preceding such 2023 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2023 Notes representing Book-Entry Notes on any 2023 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2043 Notes shall be entitled the “5.15% Senior Notes due 2043”. The Trustee shall authenticate and deliver (i) the 2043 Notes for original issue on the date hereof (the “Original 2043 Notes”) in the aggregate principal amount of $450,000,000, and (ii) additional 2043 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2043 Notes to be authenticated, the date on which the original issue of 2043 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2043 Notes that may be outstanding at any time may not exceed $450,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Indenture). The Original 2043 Notes and any additional 2043 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2043 Note shall be payable on February 1, 2043. Each 2043 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.15% per annum. The dates on which interest on the 2023 Notes shall be payable shall be February 1 and August 1 of each year, commencing August 1, 2013 (the “2043 Interest Payment Dates”). The regular record date for interest payable on the 2043 Notes on any 2043 Interest Payment Date shall be January 15 or July 15, as the case may be, next preceding such 2043 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2043 Notes representing Book-Entry Notes on any 2043 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Eleventh Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2025 Notes shall be entitled the “9.6252.900% Senior Notes Due April 15, 2015.” due 2025”. The Trustee shall authenticate and deliver (i) the 2025 Notes for original issue on the date hereof (the “Original 2025 Notes”) in the aggregate principal amount of $250 million 1,000,000,000, and (ii) additional 2025 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Partnership Order shall specify the amount of the 2025 Notes to be authenticated, the date on which the original issue of 2025 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2025 Notes that may be outstanding at any time may not exceed $250 million 1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2025 Notes and any additional 2025 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2025 Note shall be payable on April May 15, 20152025. Each 2025 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6252.900% per annum. The dates on which interest on the 2025 Notes shall be payable shall be April May 15 and October November 15 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2025 Interest Payment Dates”), commencing May 15, 2020. The regular record date for interest payable on the 2025 Notes on any 2025 Interest Payment Date shall be April May 1 or October 1 (the “Regular Record Date”)November 1, as the case may be, next preceding such 2025 Interest Payment Date. Payments of principalprincipal of, of premium, if any, on, and interest due on the 2025 Notes representing Book-Entry Notes on any 2025 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2025 Interest Payment Date for the period from and after such 2025 Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2030 Notes shall be entitled the “3.750% Senior Notes due 2030”. The Trustee shall authenticate and deliver (i) the 2030 Notes for original issue on the date hereof (the “Original 2030 Notes”) in the aggregate principal amount of $1,500,000,000, and (ii) additional 2030 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2030 Notes to be authenticated, the date on which the original issue of 2030 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2030 Notes that may be outstanding at any time may not exceed $1,500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2030 Notes and any additional 2030 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2030 Note shall be payable on May 15, 2030. Each 2030 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 3.750% per annum. The dates on which interest on the 2030 Notes shall be payable shall be May 15 and November 15 of each year (the “2030 Interest Payment Dates”), commencing May 15, 2020. The regular record date for interest payable on the 2030 Notes on any 2030 Interest Payment Date shall be May 1 or November 1, as the case may be, next preceding such 2030 Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2030 Notes representing Book-Entry Notes on any 2030 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2030 Interest Payment Date for the period from and after such 2030 Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2050 Notes shall be entitled the “5.000% Senior Notes due 2050”. The Trustee shall authenticate and deliver (i) the 2050 Notes for original issue on the date hereof (the “Original 2050 Notes”) in the aggregate principal amount of $2,000,000,000, and (ii) additional 2050 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2050 Notes to be authenticated, the date on which the original issue of 2050 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2050 Notes that may be outstanding at any time may not exceed $2,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2050 Notes and any additional 2050 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2050 Note shall be payable on May 15, 2050. Each 2050 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.000% per annum. The dates on which interest on the 2050 Notes shall be payable shall be May 15 and November 15 of each year (the “2050 Interest Payment Dates”), commencing May 15, 2020. The regular record date for interest payable on the 2050 Notes on any 2050 Interest Payment Date shall be May 1 or November 1, as the case may be, next preceding such 2050 Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2050 Notes representing Book-Entry Notes on any 2050 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2050 Interest Payment Date for the period from and after such 2050 Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Energy Transfer Operating, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2020 Notes shall be entitled the “9.6254.15% Senior Notes Due April 15, 2015.” due 2020”. The Trustee shall authenticate and deliver (i) the 2020 Notes for original issue on the date hereof (the “Original 2020 Notes”) in the aggregate principal amount of $250 million 700,000,000, and (ii) additional 2020 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2020 Notes to be authenticated, the date on which the original issue of 2020 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2020 Notes that may be outstanding at any time may not exceed $250 million 700,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2020 Notes and any additional 2020 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2020 Note shall be payable on April 15October 1, 20152020. Each 2020 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.15% per annum. The dates on which interest on the 2020 Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 15April 1, 2009 in the case of the Original Notes 2014 (the “2020 Interest Payment Dates”). The regular record date for interest payable on the 2020 Notes on any 2020 Interest Payment Date shall be April 1 March 15 or October 1 (the “Regular Record Date”)September 15, as the case may be, next preceding such 2020 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2020 Notes representing Book-Entry Notes on any 2020 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2024 Notes shall be entitled the “4.90% Senior Notes due 2024”. The Trustee shall authenticate and deliver (i) the 2024 Notes for original issue on the date hereof (the “Original 2024 Notes”) in the aggregate principal amount of $350,000,000, and (ii) additional 2024 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2024 Notes to be authenticated, the date on which the original issue of 2024 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2024 Notes that may be outstanding at any time may not exceed $350,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2024 Notes and any additional 2024 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2024 Note shall be payable on February 1, 2024. Each 2024 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 4.90% per annum. The dates on which interest on the 2024 Notes shall be payable shall be February 1 and August 1 of each year, commencing February 1, 2014 (the “2024 Interest Payment Dates”). The regular record date for interest payable on the 2024 Notes on any 2024 Interest Payment Date shall be January 15 or July 15, as the case may be, next preceding such 2024 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2024 Notes representing Book-Entry Notes on any 2024 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2043 Notes shall be entitled the “5.95% Senior Notes due 2043”. The Trustee shall authenticate and deliver (i) the 2043 Notes for original issue on the date hereof (the “Original 2043 Notes”) in the aggregate principal amount of $450,000,000, and (ii) additional 2043 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2043 Notes to be authenticated, the date on which the original issue of 2043 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2043 Notes that may be outstanding at any time may not exceed $450,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2043 Notes and any additional 2043 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2043 Note shall be payable on October 1, 2043. Each 2043 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.95% per annum. The dates on which interest on the 2043 Notes shall be payable shall be April 1 and October 1 of each year, commencing April 1, 2014 (the “2043 Interest Payment Dates”). The regular record date for interest payable on the 2043 Notes on any 2043 Interest Payment Date shall be March 15 or September 15, as the case may be, next preceding such 2043 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2043 Notes representing Book-Entry Notes on any 2043 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Thirteenth Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6254.95% Senior Notes Due April 15, 2015due 2010.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 500 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 500 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15June 1, 20152010. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.95% per annum. The dates on which interest on the Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15December 1, 2009 2005 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 the May 15 or October 1 November 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Seventh Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6258.000% Senior Fixed-to-Fixed Reset Rate Junior Subordinated Notes Due April 15, 2015due 2054.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 800,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amendedPartnership Order, in each case case, upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Partnership Order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 800,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original Notes. Indenture.
(b) The principal amount of each Note shall be payable on April 15, 2015. Each Note Notes shall bear interest (i) from and including the date Original Issue Date to, but excluding, the First Reset Date at the rate of original issuance8.000% per annum and (ii) from and including the First Reset Date, or during each Reset Period at a rate per annum equal to the Five-year U.S. Treasury Rate as of the most recent date Reset Interest Determination Date plus a spread of 4.020%, to which interest has been paidbe reset on each Reset Date, at and shall have a Stated Maturity of May 15, 2054 (the fixed rate “Maturity Date”). Interest accumulating or payable on the Notes for any Interest Payment Period (or portion thereof) will be calculated on the basis of 9.625% per annuma 360-day year of twelve 30-day months. The dates on which interest Interest on the Notes shall be payable shall be April semi-annually in arrears on each May 15 and October November 15 (each, an “Interest Payment Date”) of each yearyear to Holders of record at the close of business on the immediately preceding Regular Record Date, commencing October 15subject to Section 2.4 hereof. If an Interest Payment Date is not a Business Day, 2009 payment of interest will be made on the next succeeding Business Day, without any interest, additional interest, or other payment in the case lieu of interest or additional interest accumulating with respect to this delay. The Partnership will give written notice of the Original relevant Five-year U.S. Treasury Rate as soon as reasonably practicable following each Reset Interest Determination Date to the Trustee and Paying Agent.
(c) If the Partnership, in its sole discretion, determines that the Five-year U.S. Treasury Rate cannot be determined pursuant to the methods set forth herein, the Partnership may, in its sole discretion, designate an unaffiliated agent or advisor, which may include an unaffiliated underwriter for the offering of the Notes or any affiliate of any such underwriter, but shall not include the Trustee (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record DateDesignee”), to determine whether there is an industry-accepted successor rate to the Five-year U.S. Treasury Rate. If the Designee determines that there is such an industry-accepted successor rate, then the Five-year U.S. Treasury Rate shall be such successor rate and, in that case, the Designee may adjust the spread and may determine and adjust the Business Day convention, the definition of a “Business Day” and the Reset Interest Determination Date to be used and any other relevant methodology for determining or otherwise calculating such successor rate, including any adjustment factor needed to make such successor rate comparable to the Five-year U.S. Treasury Rate in each case, in a manner that is consistent with industry-accepted practices for the use of such successor rate. If the Partnership, in its sole discretion, does not designate a Designee or if the Designee determines that there is no industry-accepted successor rate, then the Five-year U.S. Treasury Rate will be the same rate determined for the prior Reset Interest Determination Date or, if this sentence is applicable with respect to the first Reset Interest Determination Date, the applicable interest rate for the First Reset Period (as defined below) will be 8.000%.
(d) In no event shall the case may beTrustee be responsible for determining whether there is an industry-accepted successor rate to the Five-year U.S. Treasury Rate or for making any adjustments to any spread thereon or the Business Day convention or interest determination dates with respect thereto or any other relevant methodology for calculating any such successor rate, next preceding including any adjustment factor needed to make such Interest Payment Datesuccessor rate comparable to the Five-year U.S. Treasury Rate in each case, in a manner that is consistent with industry-accepted practices for the use of such successor rate. In connection with the foregoing, the Trustee shall be entitled to conclusively rely on any determination made by the Partnership or its Designee and will have no liability for such actions taken at the Partnership’s or Designee’s direction or otherwise in connection with respect to any such determination by the Partnership or its Designee.
(e) Payments of principalprincipal of, of premium, if any, on, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity on the Maturity Date will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such Interest Payment Date for the period from and after such Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6256.850% Senior Notes Due April 15, 2015due 2040.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 250.0 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 250.0 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April February 15, 20152040. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.850% per annum. The dates on which interest on the Notes shall be payable shall be April February 15 and October August 15 of each year, commencing October August 15, 2009 2010 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April February 1 or October August 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2018 Notes shall be entitled the “9.6252.500% Senior Notes Due April 15, 2015.” due 2018”. The Trustee shall authenticate and deliver (i) the 2018 Notes for original issue on the date hereof (the “Original 2018 Notes”) in the aggregate principal amount of $250 million 650,000,000, and (ii) additional 2018 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2018 Notes to be authenticated, the date on which the original issue of 2018 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2018 Notes that may be outstanding at any time may not exceed $250 million 650,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2018 Notes and any additional 2018 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2018 Note shall be payable on April June 15, 20152018. Each 2018 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6252.500% per annum. The dates on which interest on the 2018 Notes shall be payable shall be April June 15 and October December 15 of each year, commencing October December 15, 2009 in the case of the Original Notes 2015 (the “2018 Interest Payment Dates”). The regular record date for interest payable on the 2018 Notes on any 2018 Interest Payment Date shall be April June 1 or October 1 (the “Regular Record Date”)December 1, as the case may be, next preceding such 2018 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2018 Notes representing Book-Entry Notes on any 2018 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2026 Notes shall be entitled the “4.750% Senior Notes due 2026”. The Trustee shall authenticate and deliver (i) the 2026 Notes for original issue on the date hereof (the “Original 2026 Notes”) in the aggregate principal amount of $1,000,000,000, and (ii) additional 2026 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2026 Notes to be authenticated, the date on which the original issue of 2026 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2026 Notes that may be outstanding at any time may not exceed $1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2026 Notes and any additional 2026 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2026 Note shall be payable on January 15, 2026. Each 2026 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 4.750% per annum. The dates on which interest on the 2026 Notes shall be payable shall be January 15 and July 15 of each year, commencing January 15, 2016 (the “2026 Interest Payment Dates”). The regular record date for interest payable on the 2026 Notes on any 2026 Interest Payment Date shall be January 1 or July 1, as the case may be, next preceding such 2026 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2026 Notes representing Book-Entry Notes on any 2026 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2045 Notes shall be entitled the “6.125% Senior Notes due 2045”. The Trustee shall authenticate and deliver (i) the 2045 Notes for original issue on the date hereof (the “Original 2045 Notes”) in the aggregate principal amount of $1,000,000,000, and (ii) additional 2045 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2045 Notes to be authenticated, the date on which the original issue of 2045 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2045 Notes that may be outstanding at any time may not exceed $1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2045 Notes and any additional 2045 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2045 Note shall be payable on December 15, 2045. Each 2045 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.125% per annum. The dates on which interest on the 2045 Notes shall be payable shall be June 15 and December 15 of each year, commencing December 15, 2015 (the “2045 Interest Payment Dates”). The regular record date for interest payable on the 2045 Notes on any 2045 Interest Payment Date shall be June 1 or December 1, as the case may be, next preceding such 2045 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2045 Notes representing Book-Entry Notes on any 2045 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fifteenth Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6254.25% Senior Notes Due April 15, 2015.” due 2023”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 1,000,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original Notes. Indenture.
(b) The principal amount of each Note shall be payable on April March 15, 20152023. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.25% per annum. The dates on which interest on the Notes shall be payable shall be April March 15 and October September 15 of each year, commencing October March 15, 2009 in the case of the Original Notes 2018 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April March 1 or October 1 (the “Regular Record Date”)and September 1, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Eighth Supplemental Indenture (Energy Transfer Equity, L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6256.100% Senior Notes Due April 15, 2015due 2042.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 300 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 300 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April February 15, 20152042. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.100% per annum. The dates on which interest on the Notes shall be payable shall be April February 15 and October August 15 of each year, commencing October February 15, 2009 2012 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April February 1 or October August 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6256.125% Senior Notes Due April 15, 2015due 2016.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 175 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 175 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April May 15, 20152016. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.125% per annum. The dates on which interest on the Notes shall be payable shall be April May 15 and October November 15 of each year, commencing October November 15, 2009 2006 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April May 1 or October November 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: First Supplemental Indenture (Sunoco Logistics Partners Lp)
Title, Amount and Payment of Principal and Interest. The Series A Notes shall be entitled the “9.6254.625% Series A Senior Notes Due April 15, 2015due 2009,” and the Series B Notes shall be entitled the “4.625% Series B Senior Notes due 2009.” The Trustee shall authenticate and deliver (i) Series A Notes for original issue on the date hereof (the “Original Series A Notes”) in the aggregate principal amount of $250 million and 500 million, (ii) additional Series A Notes (or, if registered under the Securities Act upon initial issuance, additional Series B Notes) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, and (iii) Series B Notes for original issue from time to time thereafter for issue only in exchange for a like principal amount of Series A Notes, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, whether the Notes are Series A Notes or Series B Notes, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 500 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April October 15, 20152009. Each Series A Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.625% per annum. Each Series B Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Series A Note for which such Series B Note was exchanged or, if no interest shall have been paid on such Series A Note, then from the date of original issuance of such Series A Note. The dates on which interest on the Notes shall be payable shall be April 15 and October 15 of each year, commencing October April 15, 2009 2005 in the case of the Original Series A Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be the April 1 or October 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Second Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. The Series A Notes shall be entitled the “9.625"6.875% Series A Senior Notes Due April 15, 2015due 2033," and the Series B Notes shall be entitled the "6.875% Series B Senior Notes due 2033.” " The Trustee shall authenticate and deliver (i) Series A Notes for original issue on the date hereof Issue Date (the “"Original Series A Notes”") in the aggregate principal amount of $250 million and 500,000,000, (ii) additional Series A Notes for original issue from time to time after the date hereof Issue Date in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional sentence and (iii) Series B Notes may be issued at a price that would cause such Notes to have “for original issue discount” within the meaning from time to time thereafter for issue only in exchange for a like principal amount of the Internal Revenue Code of 1986, as amendedSeries A Notes, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, whether the Notes are Series A Notes or Series B Notes, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15March 1, 20152033. Each Series A Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.875% per annum. Each Series B Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Series A Note for which such Series B Note was exchanged or, if no interest shall have been paid on such Series A Note, then from the date of original issuance of such Series A Note. The dates on which interest on the Notes shall be payable shall be April 15 March 1 and October 15 September 1 of each year, commencing October 15September 1, 2009 2003 in the case of the Original Series A Notes (the “"Interest Payment Dates”"). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 the February 15 or October 1 August 15 (the “"Regular Record Date”"), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Second Supplemental Indenture (Enterprise Products Operating L P)
Title, Amount and Payment of Principal and Interest. The Series A Notes shall be entitled the “9.6255.75% Series A Senior Notes Due April 15, 2015due 2035,” and the Series B Notes shall be entitled the “5.75% Series B Senior Notes due 2035.” The Trustee shall authenticate and deliver (i) Series A Notes for original issue on the date hereof (the “Original Series A Notes”) in the aggregate principal amount of $250 million and million, (ii) additional Series A Notes (or, if registered under the Securities Act upon initial issuance, additional Series B Notes) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, and (iii) Series B Notes for original issue from time to time thereafter for issue only in exchange for a like principal amount of Series A Notes, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, whether the Notes are Series A Notes or Series B Notes, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15March 1, 20152035. Each Series A Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.75% per annum. Each Series B Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Series A Note for which such Series B Note was exchanged or, if no interest shall have been paid on such Series A Note, then from the date of original issuance of such Series A Note. The dates on which interest on the Notes shall be payable shall be April 15 March 1 and October 15 September 1 of each year, commencing October 15September 1, 2009 2005 in the case of the Original Series A Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 the February 15 or October 1 August 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6254.850% Senior Notes Due April 15, 2015.” due 2026”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 500,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 Sections 2.04 and 2.05 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 Sections 2.08 and 2.09 of the Original Base Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each Note shall be payable on April July 15, 20152026. Each Note shall bear interest from the date of original issuance, or from and including the most recent date Interest Payment Date to which interest has been paid, at the fixed rate of 9.6254.850% per annum. The dates on which interest on the Notes shall be payable shall be April January 15 and October July 15 of each year, commencing October January 15, 2009 in the case of the Original Notes 2017 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April January 1 or October 1 (the “Regular Record Date”)July 1, as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (EnLink Midstream Partners, LP)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6254.650% Senior Notes Due April 15, 2015due 2022.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 300 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 300 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April February 15, 20152022. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.650% per annum. The dates on which interest on the Notes shall be payable shall be April February 15 and October August 15 of each year, commencing October February 15, 2009 2012 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April February 1 or October August 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fifth Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2021 Notes shall be entitled the “9.6254.65% Senior Notes Due April 15, 2015.” due 2021”. The Trustee shall authenticate and deliver (i) the 2021 Notes for original issue on the date hereof (the “Original 2021 Notes”) in the aggregate principal amount of $250 million 800,000,000, and (ii) additional 2021 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2021 Notes to be authenticated, the date on which the original issue of 2021 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2021 Notes that may be outstanding at any time may not exceed $250 million 800,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original 2021 Notes and any additional 2021 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2021 Note shall be payable on April 15June 1, 20152021. Each 2021 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.65% per annum. The dates on which interest on the 2021 Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15December 1, 2009 in the case of the Original Notes 2011 (the “2021 Interest Payment Dates”). The regular record date for interest payable on the 2021 Notes on any 2021 Interest Payment Date shall be April 1 May 15 or October 1 (the “Regular Record Date”)November 15, as the case may be, next preceding such 2021 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2021 Notes representing Book-Entry Notes on any 2021 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2041 Notes shall be entitled the “6.05% Senior Notes due 2041”. The Trustee shall authenticate and deliver (i) the 2041 Notes for original issue on the date hereof (the “Original 2041 Notes”) in the aggregate principal amount of $700,000,000, and (ii) additional 2041 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2041 Notes to be authenticated, the date on which the original issue of 2041 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2041 Notes that may be outstanding at any time may not exceed $700,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Indenture). The Original 2041 Notes and any additional 2041 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2041 Note shall be payable on June 1, 2041. Each 2041 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 6.05% per annum. The dates on which interest on the 2021 Notes shall be payable shall be June 1 and December 1 of each year, commencing December 1, 2011 (the “2041 Interest Payment Dates”). The regular record date for interest payable on the 2041 Notes on any 2041 Interest Payment Date shall be May 15 or November 15, as the case may be, next preceding such 2041 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2041 Notes representing Book-Entry Notes on any 2041 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Ninth Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The Series A Notes shall be entitled the “9.6254.000% Series A Senior Notes Due April 15, 2015due 2007,” and the Series B Notes shall be entitled the “4.000% Series B Senior Notes due 2007.” The Trustee shall authenticate and deliver (i) Series A Notes for original issue on the date hereof (the “Original Series A Notes”) in the aggregate principal amount of $250 million and 500 million, (ii) additional Series A Notes (or, if registered under the Securities Act upon initial issuance, additional Series B Notes) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, and (iii) Series B Notes for original issue from time to time thereafter for issue only in exchange for a like principal amount of Series A Notes, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, whether the Notes are Series A Notes or Series B Notes, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 500 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April October 15, 20152007. Each Series A Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.0% per annum. Each Series B Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Series A Note for which such Series B Note was exchanged or, if no interest shall have been paid on such Series A Note, then from the date of original issuance of such Series A Note. The dates on which interest on the Notes shall be payable shall be April 15 and October 15 of each year, commencing October April 15, 2009 2005 in the case of the Original Series A Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be the April 1 or October 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: First Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. (a) The 2019 Notes shall be entitled the “9.6252.700% Senior Notes Due April 15, 2015.” due 2019”. The Trustee shall authenticate and deliver (i) the 2019 Notes for original issue on the date hereof (the “Original 2019 Notes”) in the aggregate principal amount of $250 million 400,000,000, and (ii) additional 2019 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 Sections 2.04 and 2.05 of the Original Base Indenture. Such order shall specify the amount of the 2019 Notes to be authenticated, the date on which the original issue of 2019 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2019 Notes that may be outstanding at any time may not exceed $250 million 400,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 Sections 2.08 and 2.09 of the Original Base Indenture). Any such The Original 2019 Notes and any additional 2019 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2019 Note shall be payable on April 151, 20152019. Each 2019 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6252.700% per annum. The dates on which interest on the 2019 Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 151, 2009 in the case of the Original Notes 2014 (the “2019 Interest Payment Dates”). The regular record date for interest payable on the 2019 Notes on any 2019 Interest Payment Date shall be April 1 March 15 or October 1 (the “Regular Record Date”)September 15, as the case may be, next preceding such 2019 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2019 Notes representing Book-Entry Notes on any 2019 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2024 Notes shall be entitled the “4.400% Senior Notes due 2024”. The Trustee shall authenticate and deliver (i) the 2024 Notes for original issue on the date hereof (the “Original 2024 Notes”) in the aggregate principal amount of $450,000,000, and (ii) additional 2024 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Sections 2.04 and 2.05 of the Base Indenture. Such order shall specify the amount of the 2024 Notes to be authenticated, the date on which the original issue of 2024 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2024 Notes that may be outstanding at any time may not exceed $450,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Sections 2.08 and 2.09 of the Base Indenture). The Original 2024 Notes and any additional 2024 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2024 Note shall be payable on April 1, 2024. Each 2024 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 4.400% per annum. The dates on which interest on the 2024 Notes shall be payable shall be April 1 and October 1 of each year, commencing October 1, 2014 (the “2024 Interest Payment Dates”). The regular record date for interest payable on the 2024 Notes on any 2024 Interest Payment Date shall be March 15 or September 15, as the case may be, next preceding such 2024 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2024 Notes representing Book-Entry Notes on any 2024 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(c) The 2044 Notes shall be entitled the “5.600% Senior Notes due 2044”. The Trustee shall authenticate and deliver (i) the 2044 Notes for original issue on the date hereof (the “Original 2044 Notes”) in the aggregate principal amount of $350,000,000, and (ii) additional 2044 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Sections 2.04 and 2.05 of the Base Indenture. Such order shall specify the amount of the 2044 Notes to be authenticated, the date on which the original issue of 2044 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2044 Notes that may be outstanding at any time may not exceed $350,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Sections 2.08 and 2.09 of the Base Indenture). The Original 2044 Notes and any additional 2044 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2044 Note shall be payable on April 1, 2044. Each 2044 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.600% per annum. The dates on which interest on the 2044 Notes shall be payable shall be April 1 and October 1 of each year, commencing October 1, 2014 (the “2044 Interest Payment Dates”). The regular record date for interest payable on the 2044 Notes on any 2044 Interest Payment Date shall be March 15 or September 15, as the case may be, next preceding such 2044 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2044 Notes representing Book-Entry Notes on any 2044 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: First Supplemental Indenture (EnLink Midstream Partners, LP)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6255.500% Senior Notes Due April 15, 2015.” due 2027”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 1,000,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original Notes. Indenture.
(b) The principal amount of each Note shall be payable on April 15June 1, 20152027. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.500% per annum. The dates on which interest on the Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15December 1, 2009 in the case of the Original Notes 2015 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)May 15 and November 15, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Seventh Supplemental Indenture (Energy Transfer Equity, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6255.950% Senior Notes Due April 15, 2015due 2033.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Initial Notes”) in the aggregate principal amount of $250 million 1,400,000,000, and (ii) additional Notes (the “Additional Notes”) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentenceparagraph, provided that no such additional Notes may which will be issued at a price that would cause such Notes to have “original issue discount” within the meaning part of the Internal Revenue Code of 1986same series as the Initial Notes and which will have the same terms (except for the issue date, as amendedissue price and, in some cases, the initial interest accrual date and the first Interest Payment Date), in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original IndentureBase Indenture (as amended by Section 2.1(c) hereof). Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,400,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional The Initial Notes and any Additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series withof notes for all purposes under the Indenture (collectively, the Original “Notes. ”).
(b) The principal amount of each Note shall be payable on April 15June 30, 20152033. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.950% per annum. The dates on which interest Interest on the Notes shall be payable shall be April 15 on June 30 and October 15 December 30 of each year, commencing October 15December 30, 2009 in the case of the Original Notes 2023 (the each, an “Interest Payment DatesDate”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 June 15 or October 1 (the “Regular Record Date”)December 15, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes representing Global Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Eighth Supplemental Indenture (Cheniere Energy Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.65% Senior Notes Due April 15, 2015due 2013.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 400 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 400 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 151, 20152013. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.65% per annum. The dates on which interest on the Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 151, 2009 2008 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 March 15 or October 1 September 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Twelfth Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6257.500% Senior Notes Due April 15, 2015.” due 2020”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 1,800,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,800,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original Notes. Indenture.
(b) The principal amount of each Note shall be payable on April October 15, 20152020. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6257.500% per annum. The dates on which interest on the Notes shall be payable shall be April 15 and October 15 of each year, commencing October April 15, 2009 in the case of the Original Notes 2011 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or and October 1 (the “Regular Record Date”)1, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: First Supplemental Indenture (Energy Transfer Equity, L.P.)
Title, Amount and Payment of Principal and Interest. The Series A Notes shall be entitled the “9.6256.650% Series A Senior Notes Due April 15, 2015due 2034,” and the Series B Notes shall be entitled the “6.650% Series B Senior Notes due 2034.” The Trustee shall authenticate and deliver (i) Series A Notes for original issue on the date hereof (the “Original Series A Notes”) in the aggregate principal amount of $250 million and 350 million, (ii) additional Series A Notes (or, if registered under the Securities Act upon initial issuance, additional Series B Notes) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, and (iii) Series B Notes for original issue from time to time thereafter for issue only in exchange for a like principal amount of Series A Notes, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, whether the Notes are Series A Notes or Series B Notes, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 350 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April October 15, 20152034. Each Series A Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6256.65% per annum. Each Series B Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Series A Note for which such Series B Note was exchanged or, if no interest shall have been paid on such Series A Note, then from the date of original issuance of such Series A Note. The dates on which interest on the Notes shall be payable shall be April 15 and October 15 of each year, commencing October April 15, 2009 2005 in the case of the Original Series A Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be the April 1 or October 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.65% Senior Notes Due April 15, 2015.” due 2012”. The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million and 400,000,000, (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, and (iii) Exchange Notes (as defined in the Registration Rights Agreement referred to in Section 2.5 hereof) for original issue from time to time thereafter for issue only in exchange for a like principal amount of Notes, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 400,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original Notes, the Exchange Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each Note shall be payable on April 15August 1, 20152012. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.65% per annum; provided, however, that each Exchange Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Note for which such Exchange Note was exchanged or, if no interest shall have been paid on such Note, then from the date of original issuance of such Note. The dates on which interest on the Notes shall be payable shall be April 15 February 1 and October 15 August 1 of each year, commencing October 15February 1, 2009 in the case of the Original Notes 2006 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 the January 15 or October 1 July 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Third Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2027 Notes shall be entitled the “9.6254.200% Senior Notes Due April 15, 2015.” due 2027”. The Trustee shall authenticate and deliver (i) the 2027 Notes for original issue on the date hereof (the “Original 2027 Notes”) in the aggregate principal amount of $250 million 600,000,000, and (ii) additional 2027 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the 2027 Notes to be authenticated, the date on which the original issue of 2027 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2027 Notes that may be outstanding at any time may not exceed $250 million 600,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2027 Notes and any additional 2027 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2027 Note shall be payable on April 15, 20152027. Each 2027 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.200% per annum. The dates on which interest on the 2027 Notes shall be payable shall be April 15 and October 15 of each year, commencing October 15, 2009 in the case of the Original Notes 2017 (the “2027 Interest Payment Dates”). The regular record date for interest payable on the 2027 Notes on any 2027 Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)1, as the case may be, next preceding such 2027 Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the 2027 Notes representing Book-Entry Notes on any 2027 Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2047 Notes shall be entitled the “5.300% Senior Notes due 2047”. The Trustee shall authenticate and deliver (i) the 2047 Notes for original issue on the date hereof (the “Original 2047 Notes”) in the aggregate principal amount of $900,000,000, and (ii) additional 2047 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such order shall specify the amount of the 2047 Notes to be authenticated, the date on which the original issue of 2047 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2047 Notes that may be outstanding at any time may not exceed $900,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2047 Notes and any additional 2047 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2047 Note shall be payable on April 15, 2047. Each 2047 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.300% per annum. The dates on which interest on the 2047 Notes shall be payable shall be April 15 and October 15 of each year, commencing October 15, 2017 (the “2047 Interest Payment Dates”). The regular record date for interest payable on the 2047 Notes on any 2047 Interest Payment Date shall be April 1 or October 1, as the case may be, next preceding such 2047 Interest Payment Date. Payments of principal of, premium, if any, and interest due on the 2047 Notes representing Book-Entry Notes on any 2047 Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Supplemental Indenture (Energy Transfer Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The 2011 Notes shall be entitled the “9.6255.75% Senior Notes Due April 15, 2015due 2011.” The Trustee shall authenticate and deliver (i) 2011 Notes for original issue issuance on the date hereof (the “Original 2011 Notes”) in the aggregate principal amount of $250 million and million, (ii) additional 2011 Notes for original issue issuance from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 3.3 of the Original Indenture. Such order shall specify the amount of the additional 2011 Notes to be authenticated, the date on which the original issue of such additional 2011 Notes is are to be issued and authenticated, and the name or names of the initial Holder or HoldersHolders of such additional 2011 Notes. The aggregate principal amount of 2011 Notes that may be outstanding at any time may not exceed $250 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (paragraph, except as otherwise provided in Section 3.01 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each 2011 Note shall be payable on April 15June 1, 20152011. Each 2011 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.75% per annum. The dates on which interest on the 2011 Notes shall be payable shall be April 15 June 1 and October 15 December 1 of each year, commencing October 15December 1, 2009 2006 in the case of the Original 2011 Notes (the “Interest Payment Dates”). The regular record date for interest payable on the 2011 Notes on any Interest Payment Date shall be April 1 the May 15 or October 1 November 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for (“Defaulted Interest”) will forthwith cease to be payable to the Holder of a 2011 Note on such Regular Record Date and either may be paid to the Person in whose name such 2011 Note (or one or more Predecessor Securities) is registered at the close of business on a special record date (the “Special Record Date”) for the payment of such Defaulted Interest to be fixed by the Trustee (referred to herein), notice whereof shall be given to the Holder of such 2011 Note not less than ten days prior to such Special Record Date, or may be paid at any time in any other lawful manner, all as more fully provided in the Indenture. Any payment of principal or interest required to be made on a day that is not a Business Day need not be made on such day, but may be made on the next succeeding Business Day with the same force and effect as if made on such day and no interest shall accrue as a result of such delayed payment. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry 2011 Notes representing 2011 Notes in the form of Global Securities on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6254.40% Senior Notes Due April 15, 2015due 2021.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 600,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 600,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 151, 20152021. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.40% per annum. The dates on which interest on the Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 15April 1, 2009 2016 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 March 15 and September 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Twelfth Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. The Series A Notes shall be entitled the “9.6255.00% Series A Senior Notes Due April 15, due 2015,” and the Series B Notes shall be entitled the “5.00% Series B Senior Notes due 2015.” The Trustee shall authenticate and deliver (i) Series A Notes for original issue on the date hereof (the “Original Series A Notes”) in the aggregate principal amount of $250 million and million, (ii) additional Series A Notes (or, if registered under the Securities Act upon initial issuance, additional Series B Notes) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, and (iii) Series B Notes for original issue from time to time thereafter for issue only in exchange for a like principal amount of Series A Notes, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, whether the Notes are Series A Notes or Series B Notes, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15March 1, 2015. Each Series A Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.00% per annum. Each Series B Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Series A Note for which such Series B Note was exchanged or, if no interest shall have been paid on such Series A Note, then from the date of original issuance of such Series A Note. The dates on which interest on the Notes shall be payable shall be April 15 March 1 and October 15 September 1 of each year, commencing October 15September 1, 2009 2005 in the case of the Original Series A Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 the February 15 or October 1 August 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Fifth Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6254.95% Senior Notes Due April 15, 2015due 2043.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 350,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 350,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April January 15, 20152043. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.95% per annum. The dates on which interest on the Notes shall be payable shall be April January 15 and October July 15 of each year, commencing October July 15, 2009 2013 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April January 1 or October July 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Eighth Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6253.45% Senior Notes Due April 15, 2015due 2023.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 350,000,000 and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 350,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April January 15, 20152023. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6253.45 % per annum. The dates on which interest on the Notes shall be payable shall be April January 15 and October July 15 of each year, commencing October July 15, 2009 2013 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April January 1 or October July 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Seventh Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6255.250% Senior Notes Due April 15, 2015.” due 2025”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Initial Notes”) in the aggregate principal amount of $250 million 1,500,000,000, and (ii) additional Notes (the “Additional Notes”) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentenceparagraph, provided that no such additional Notes may which will be issued at a price that would cause such Notes to have “original issue discount” within the meaning part of the Internal Revenue Code of 1986same series as the Initial Notes and which will have the same terms (except for the issue date, as amendedissue price and, in some cases, the initial interest accrual date and the first Interest Payment Date), in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series withof notes for all purposes under the Indenture (collectively, the Original “Notes. ”).
(b) The principal amount of each Note shall be payable on April 15October 1, 20152025. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.250% per annum. The dates on which interest on the Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 15April 1, 2009 in the case of the Original Notes 2018 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)March 15 and September 15, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes representing Global Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: First Supplemental Indenture (Cheniere Energy Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The Series A Notes shall be entitled the “9.6255.600% Series A Senior Notes Due April 15, 2015due 2014,” and the Series B Notes shall be entitled the “5.600% Series B Senior Notes due 2014.” The Trustee shall authenticate and deliver (i) Series A Notes for original issue on the date hereof (the “Original Series A Notes”) in the aggregate principal amount of $250 million and 650 million, (ii) additional Series A Notes (or, if registered under the Securities Act upon initial issuance, additional Series B Notes) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, and (iii) Series B Notes for original issue from time to time thereafter for issue only in exchange for a like principal amount of Series A Notes, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, whether the Notes are Series A Notes or Series B Notes, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 650 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April October 15, 20152014. Each Series A Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.600% per annum. Each Series B Note shall bear interest at the same rate from the most recent date to which interest shall have been paid on the Series A Note for which such Series B Note was exchanged or, if no interest shall have been paid on such Series A Note, then from the date of original issuance of such Series A Note. The dates on which interest on the Notes shall be payable shall be April 15 and October 15 of each year, commencing October April 15, 2009 2005 in the case of the Original Series A Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be the April 1 or October 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Third Supplemental Indenture (Enterprise Products Partners L P)
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.500% Senior Notes Due April 15, 2015due 2020.” The Trustee shall authenticate and deliver (i) Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 250.0 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 250.0 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April February 15, 20152020. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.500% per annum. The dates on which interest on the Notes shall be payable shall be April February 15 and October August 15 of each year, commencing October August 15, 2009 2010 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April February 1 or October August 1 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Third Supplemental Indenture (Sunoco Logistics Partners L.P.)
Title, Amount and Payment of Principal and Interest. (a) The 2028 Notes shall be entitled the “9.6255.550% Senior Notes Due April 15, 2015.” due 2028”. The Trustee shall authenticate and deliver (i) the 2028 Notes for original issue on the date hereof (the “Original 2028 Notes”) in the aggregate principal amount of $250 million 1,000,000,000, and (ii) additional 2028 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Partnership Order shall specify the amount of the 2028 Notes to be authenticated, the date on which the original issue of 2028 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2028 Notes that may be outstanding at any time may not exceed $250 million 1,000,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Base Indenture). Any such The Original 2028 Notes and any additional 2028 Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2028 Note shall be payable on April February 15, 20152028. Each 2028 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.550% per annum. The dates on which interest on the 2028 Notes shall be payable shall be April February 15 and October August 15 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2028 Notes Interest Payment Dates”), commencing August 15, 2023. The regular record date for interest payable on the 2028 Notes on any 2028 Notes Interest Payment Date shall be April February 1 or October 1 (the “Regular Record Date”)August 1, as the case may be, next preceding such 2028 Notes Interest Payment Date. Payments of principalprincipal of, of premium, if any, on, and interest due on the 2028 Notes representing Book-Entry Notes on any 2028 Notes Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2028 Notes Interest Payment Date for the period from and after such 2028 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
(b) The 2033 Notes shall be entitled the “5.750% Senior Notes due 2033”. The Trustee shall authenticate and deliver (i) the 2033 Notes for original issue on the date hereof (the “Original 2033 Notes”) in the aggregate principal amount of $1,500,000,000, and (ii) additional 2033 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in a Partnership Order described in this sentence, in each case upon a Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Partnership Order shall specify the amount of the 2033 Notes to be authenticated, the date on which the original issue of 2033 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of 2033 Notes that may be outstanding at any time may not exceed $1,500,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 2.09 of the Base Indenture). The Original 2033 Notes and any additional 2033 Notes issued and authenticated pursuant to clause (ii) of this paragraph shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2033 Note shall be payable on February 15, 2033. Each 2033 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 5.750% per annum. The dates on which interest on the 2033 Notes shall be payable shall be February 15 and August 15 of each year (the “2033 Notes Interest Payment Dates”), commencing August 15, 2023. The regular record date for interest payable on the 2033 Notes on any 2033 Notes Interest Payment Date shall be February 1 or August 1, as the case may be, next preceding such 2033 Notes Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2033 Notes representing Book-Entry Notes on any 2033 Notes Interest Payment Date or at maturity will be made available to the Trustee by 10:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Trustee by 10:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2033 Notes Interest Payment Date for the period from and after such 2033 Notes Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6255.050% Senior Notes Due April 15, 2015.” due 2045”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 million 300,000,000, and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 Sections 2.04 and 2.05 of the Original Base Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 300,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 Sections 2.08 and 2.09 of the Original Base Indenture). Any such The Original Notes and any additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each Note shall be payable on April 151, 20152045. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6255.050% per annum. The dates on which interest on the Notes shall be payable shall be April 15 1 and October 15 1 of each year, commencing October 15April 1, 2009 in the case of the Original Notes 2015 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 March 15 or October 1 (the “Regular Record Date”)September 15, as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Second Supplemental Indenture (EnLink Midstream Partners, LP)
Title, Amount and Payment of Principal and Interest. (a) The title of the 2033 Notes shall be entitled designated as the “9.6254.200% Senior Notes Due April 15, 2015.” due 2033”. The Trustee shall authenticate and deliver (i) the 2033 Notes for original issue on the date hereof (the “Original 2033 Notes”) in the aggregate principal amount of $250 million 750,000,000, and (ii) additional 2033 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company an Issuer Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company an Issuer Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original Base Indenture. Such order Issuer Order shall specify the amount of the 2033 Notes to be authenticated, the date on which the original issue of 2033 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Original 2033 Notes that may be outstanding at and any time may not exceed $250 million plus such additional principal amounts as may be 2033 Notes issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form 2.2(a) shall constitute a single series with, of Debt Securities for all purposes under the Original NotesIndenture. The principal amount of each 2033 Note shall be payable on April 15February 1, 20152033. Each 2033 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6254.200% per annum. The dates on which interest on the 2033 Notes shall be payable shall be April 15 February 1 and October 15 August 1 of each year, commencing October 15, 2009 in the case of the Original Notes year (the “2033 Interest Payment Dates”), commencing August 1, 2022. The regular record date for interest payable on the 2033 Notes on any 2033 Interest Payment Date shall be April 1 January 15 or October 1 (the “Regular Record Date”)July 15, as the case may be, next preceding such 2033 Interest Payment Date. Payments of principalprincipal of, of premium, if any, on, and interest due on the 2033 Notes representing Book-Entry Notes on any 2033 Interest Payment Date or at maturity will be made available to the Trustee Paying Agent by 11:00 a.m., New York City time, on such date, unless such date falls on a day which that is not a Business Day, in which case (x) such payments will be made available to the Trustee Paying Agent by 11:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2033 Interest Payment Date for the period from and after such 2033 Interest Payment Date and the date of payment. As soon as possible thereafter, the Trustee Paying Agent will make such payments to the Depositary.
(b) The title of the 2052 Notes shall be designated as the “4.950% Senior Notes due 2052”. The Trustee shall authenticate and deliver (i) the 2052 Notes for original issue on the date hereof (the “Original 2052 Notes”) in the aggregate principal amount of $750,000,000, and (ii) additional 2052 Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in an Issuer Order described in this sentence, in each case upon an Issuer Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 2.04 of the Base Indenture. Such Issuer Order shall specify the amount of the 2052 Notes to be authenticated, the date on which the original issue of 2052 Notes is to be authenticated, and the name or names of the initial Holder or Holders. The Original 2052 Notes and any additional 2052 Notes issued and authenticated pursuant to clause (ii) of this Section 2.2(b) shall constitute a single series of Debt Securities for all purposes under the Indenture. The principal amount of each 2052 Note shall be payable on April 15, 2052. Each 2052 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 4.950% per annum. The dates on which interest on the 2052 Notes shall be payable shall be April 15 and October 15 of each year (the “2052 Interest Payment Dates”), commencing October 15, 2022. The regular record date for interest payable on the 2052 Notes on any 2052 Interest Payment Date shall be April 1 or October 1, as the case may be, next preceding such 2052 Interest Payment Date. Payments of principal of, premium, if any, on, and interest due on the 2052 Notes representing Book-Entry Notes on any 2052 Interest Payment Date or at maturity will be made available to the Paying Agent by 11:00 a.m., New York City time, on such date, unless such date falls on a day that is not a Business Day, in which case (x) such payments will be made available to the Paying Agent by 11:00 a.m., New York City time, on the next Business Day, and (y) for so long as clause (x) is satisfied, no interest shall accrue on the amount of interest due on such 2052 Interest Payment Date for the period from and after such 2052 Interest Payment Date and the date of payment. As soon as possible thereafter, the Paying Agent will make such payments to the Depositary.
Appears in 1 contract
Samples: First Supplemental Indenture (Targa Resources Corp.)
Title, Amount and Payment of Principal and Interest. (a) The Notes shall be entitled the “9.6253.25% Senior Notes Due April 15, 2015.” due 2032”. The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Initial Notes”) in the aggregate principal amount of $250 million 1,200,000,000, and (ii) additional Notes (the “Additional Notes”) for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company a Partnership Order described in this sentenceparagraph, provided that no such additional Notes may which will be issued at a price that would cause such Notes to have “original issue discount” within the meaning part of the Internal Revenue Code of 1986same series as the Initial Notes and which will have the same terms (except for the issue date, as amendedissue price and, in some cases, the initial interest accrual date and the first Interest Payment Date), in each case upon a Company Partnership Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.04 of the Original IndentureBase Indenture (as amended by Section 2.1(a) hereof). Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 million 1,200,000,000 plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional The Initial Notes and any Additional Notes issued in and authenticated pursuant to clause (ii) of this manner will be consolidated with, and will form paragraph shall constitute a single series withof notes for all purposes under the Indenture (collectively, the Original “Notes. ”).
(b) The principal amount of each Note shall be payable on April 15January 31, 20152032. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6253.25% per annum. The dates on which interest on the Notes shall be payable shall be April 15 January 31 and October 15 July 31 of each year, commencing October 15July 31, 2009 in the case of the Original Notes 2022 (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 or October 1 (the “Regular Record Date”)January 15 and July 15, as the case may be, next preceding such Interest Payment Date. .
(c) Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry Notes representing Global Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 10:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Sixth Supplemental Indenture (Cheniere Energy Partners, L.P.)
Title, Amount and Payment of Principal and Interest. The 2008 Notes shall be entitled the “9.625% Floating Rate Senior Notes Due April 15, 2015due 2008.” The Trustee shall authenticate and deliver (i) 2008 Notes for original issue issuance on the date hereof (the “Original 2008 Notes”) in the aggregate principal amount of $250 million and million, (ii) additional 2008 Notes for original issue issuance from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 3.3 of the Original Indenture. Such order shall specify the amount of the additional 2008 Notes to be authenticated, the date on which the original issue of such additional 2008 Notes is are to be issued and authenticated, and the name or names of the initial Holder or HoldersHolders of such additional 2008 Notes. The aggregate principal amount of 2008 Notes that may be outstanding at any time may not exceed $250 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (paragraph, except as otherwise provided in Section 3.01 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each 2008 Note shall be payable on April 15June 1, 20152008. Each 2008 Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate Three-Month LIBOR Rate (defined in Exhibit A to this Second Supplemental Indenture) plus 0.17%, as determined by the Calculation Agent (defined in Exhibit A to this Second Supplemental Indenture) in accordance with the terms set forth the form of 9.625% per annum2008 Note attached as Exhibit A to this Second Supplemental Indenture. The dates on which interest on the 2008 Notes shall be payable shall be April 15 March 1, June 1, September 1 and October 15 December 1 of each year, commencing October 15September 1, 2009 2006 in the case of the Original 2008 Notes (the “Interest Payment Dates”). The regular record date for interest payable on the 2008 Notes on any Interest Payment Date shall be April 1 the February 15, May 15, August 15 or October 1 November 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for (“Defaulted Interest”) will forthwith cease to be payable to the Holder of a 2008 Note on such Regular Record Date and either may be paid to the Person in whose name such 2008 Note (or one or more Predecessor Securities) is registered at the close of business on a special record date (the “Special Record Date”) for the payment of such Defaulted Interest to be fixed by the Trustee (referred to herein), notice whereof shall be given to the Holder of such 2008 Note not less than ten days prior to such Special Record Date, or may be paid at any time in any other lawful manner, all as more fully provided in the Indenture. Any payment of principal or interest required to be made on a day that is not a Business Day need not be made on such day, but may be made on the next succeeding Business Day with the same force and effect as if made on such day and no interest shall accrue as a result of such delayed payment. Payments of principalprincipal of, of premium, if any, and interest due on the Book-Entry 2008 Notes representing 2008 Notes in the form of Global Securities on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Title, Amount and Payment of Principal and Interest. The Notes shall be entitled the “9.6259.75% Senior Notes Due April 15, 2015due 2014.” The Trustee shall authenticate and deliver (i) the Notes for original issue on the date hereof (the “Original Notes”) in the aggregate principal amount of $250 500 million and (ii) additional Notes for original issue from time to time after the date hereof in such principal amounts as may be specified in the Company Order described in this sentence, provided that no such additional Notes may be issued at a price that would cause such Notes to have “original issue discount” within the meaning of the Internal Revenue Code of 1986, as amended, in each case upon a Company Order for the authentication and delivery thereof and satisfaction of the other provisions of Section 3.03 2.05 of the Original Indenture. Such order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated, and the name or names of the initial Holder or Holders. The aggregate principal amount of Notes that may be outstanding at any time may not exceed $250 500 million plus such additional principal amounts as may be issued and authenticated pursuant to clause (ii) of this paragraph (except as provided in Section 3.01 2.09 of the Original Indenture). Any such additional Notes issued in this manner will be consolidated with, and will form a single series with, the Original Notes. The principal amount of each Note shall be payable on April 15January 31, 20152014. Each Note shall bear interest from the date of original issuance, or the most recent date to which interest has been paid, at the fixed rate of 9.6259.75% per annum. The dates on which interest on the Notes shall be payable shall be April 15 January 31 and October 15 July 31 of each year, commencing October 15January 31, 2009 in the case of the Original Notes (the “Interest Payment Dates”). The regular record date for interest payable on the Notes on any Interest Payment Date shall be April 1 January 15 or October 1 July 15 (the “Regular Record Date”), as the case may be, next preceding such Interest Payment Date. Payments of principalprincipal of, of premium, if any, and interest due on the Notes representing Book-Entry Notes on any Interest Payment Date or at maturity will be made available to the Trustee by 11:00 a.m., New York City time, on such date, unless such date falls on a day which is not a Business Day, in which case such payments will be made available to the Trustee by 11:00 a.m., New York City time, on the next Business Day. As soon as possible thereafter, the Trustee will make such payments to the Depositary.
Appears in 1 contract
Samples: Supplemental Indenture (Enterprise Products Partners L P)