Title and Terms. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is limited to $100,000,000, except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 304, 305, 306, 906, 1302 or 1405 and except for Additional Securities. The Securities shall be known and designated as the "7 1/2% Convertible Junior Subordinated Debentures Due 2012" of the Company. Their Stated Maturity shall be April 30, 2012 and they shall bear interest at the rate of 7 1/2% per annum (provided, that, if the Charter Amendment has not been Duly Adopted by the Charter Amendment Deadline, the interest rate 30 applicable to the principal amount of the Securities shall be increased to 121/2% from and after the Charter Amendment Deadline until the date the Charter Amendment is Duly Adopted, whereupon it shall revert to 71/2% for the periods thereafter), from and including the Original Issuance Date or from and including the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable quarterly on February 1, May 1, August 1, and November 1, commencing August 1, 1999, until the principal thereof is paid or made available for payment. Each payment of interest shall include interest accrued to but excluding the Interest Payment Date on which payment is to be made. The Holders of the Securities shall also be entitled to receive Special Interest from time to time to the extent provided in the Securities. The principal of and premium, if any, and interest on the Securities shall be payable at the office or agency of the Company maintained for such purpose pursuant to Section 1002; provided, however, that at the option of the Company payment of interest in cash may be made by check mailed to the address of the Person entitled thereto as such address shall appear in the Security Register. The Securities shall be redeemable as provided in Article XI. The Securities shall be subordinated in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on or relating to Senior Indebtedness as provided in Article XII. The Securities shall be convertible as provided in Article XIII. The Securities shall be subject to repurchase at the option of the Holder as provided in Article XIV.
Title and Terms. The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Securities may be issued in one or more series. There shall be established in or pursuant to a Board Resolution and, subject to Section 3.3, set forth or determined in the manner provided, in an Officers' Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities as a series:
(a) the title of the securities of such series, which shall distinguish the Securities of the series from all other Securities;
(b) the limit, if any, upon the aggregate principal amount of the Securities of such series that may be authenticated and delivered under this Indenture (except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities of the series pursuant to Section 3.4, 3.5, 3.6, 9.6 or 11.6 and except for any Securities that, pursuant to Section 3.3, are deemed never to have been authenticated and delivered hereunder); provided, however, that the authorized aggregate principal amount of such series may be increased above such amount by a Board Resolution to such effect;
(c) the Person to whom any interest on a Security of the series shall be payable, if other than the Person in whose name that security (or one or more Predecessor Securities) is registered at the close of business on the Regular Record Date for such interest;
(d) the Stated Maturity or Maturities on which the principal of the Securities of such series is payable or the method of determination thereof, and any dates on which or circumstances under which, the Company shall have the right to extend or shorten such Stated Maturity or Maturities;
(e) the rate or rates, if any, at which the Securities of such series shall bear interest, if any, the rate or rates and extent to which Additional Interest, if any, shall be payable with respect to any Securities of such series, the date or dates from which any such interest or Additional Interest shall accrue, the Interest Payment Dates on which such interest shall be payable, the right, pursuant to Section 3.12 or as otherwise set forth therein, of the Company to defer or extend an Interest Payment Date, and the Regular Record Date for the interest payable on any Interest Payment Date or the method by which any of the foregoing shall be determined;
(f) the place or places where the principal of (and premium, if any) and in...
Title and Terms. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is limited to $517,500,000, except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 304, 305, 306 or 906 or in connection with a Designated Event Offer pursuant to Section 1201. The Securities shall be known and designated as the "5 3/4% Convertible Subordinated Notes due 2009" of the Company. The Stated Maturity of the Securities shall be January 15, 2009. The Securities shall bear interest at the rate of 5 3/4% per annum, from January 12, 2001 or from the most recent Interest Payment Date thereafter to which interest has been paid or duly provided for, as the case may be, payable semi-annually on January 15 and July 15, commencing July 15, 2001, until the principal thereof is paid or made available for payment; provided, however, if (i) the Company's registration statement (the "Registration Statement") under the Securities Act of 1933, as amended (the "Securities Act") registering this Security for resale has not become or been declared effective by July 11, 2001, or (ii) the Registration Statement is declared effective, but shall thereafter cease to be effective (otherwise than during any permitted Suspension Period described in the Registration Rights Agreement) without being succeeded promptly by an additional registration statement filed and declared effective, in each case upon the terms and conditions set forth in the Registration Rights Agreement (each such event referred to in clauses (i) and (ii), but excluding any permitted Suspension Period described in the Registration Rights Agreement, a "Registration Default"), then interest will accrue (in addition to the stated rate of interest on the Securities) (the "Step-Up") at a rate of 0.25% per annum, determined daily, on the principal amount of the Securities, for the period from the occurrence of the Registration Default until such time (the "Step-Down Date") as no Registration Default is in effect and the per annum rate of such interest shall increase (the "Subsequent Step-Up") by an additional 0.25% per annum for each subsequent 90-day period during which a Registration Default continues (provided that the Step-Up and all Subsequent Step-Up interest rates shall not exceed 0.5% per annum in the aggregate) and Liquidated Damages will be payable at such increased rate until such time (the "Sub...
Title and Terms. There is hereby established a series of Securities designated the “1.60% Solar Bonds, Series 2015/C78-1”. The aggregate principal amount of the Notes shall not be limited and shall be initially authenticated and delivered from time to time upon delivery to the Trustee of the documents required by Section 303 of the Indenture. The Notes shall be issued only in fully registered form, in denominations of $1,000 and any integral multiples thereof. Up to $5,000,000 aggregate principal amount of Notes will be authenticated on the Issue Date (the “Initial Notes”). The Company may, without the consent of the Holders of the Notes, hereafter issue additional Notes (“Additional Notes”) under the Indenture with the same terms and conditions, except for any difference in the issue price, Issue Date and interest accrued prior to the issue date of the Additional Notes, as the Initial Notes, in an unlimited aggregate principal amount. Any such Additional Notes shall constitute a single series together with the Initial Notes for all purposes hereunder, including, without limitation, for purposes of any waivers, supplements or amendments to the Indenture requiring the approval of Holders of the Notes and any offers to purchase the Notes.
Title and Terms. There is hereby created under the Indenture a Series of Securities known and designated as the "___% Exchangeable Notes Due November 15, 2002" of the Company. The aggregate principal amount of PIES that may be authenticated and delivered under this Indenture is limited to $_______, except for PIES authenticated and delivered upon reregistration of, transfer of, or in exchange for, or in lieu of, other PIES pursuant to Section 2.08, 2.09, 2.12, 3.06 or 9.05 of the Indenture. The Stated Maturity for payment of principal of the PIES shall be November 15, 2002 or a later date as provided in the definition of "Stated Maturity" in Section 101 and the PIES shall bear interest at the rate of ___% per annum, from and including _______ __, 1999 or the most recent Interest Payment Date to which interest has been paid or duly provided for to but excluding the relevant Interest Payment Date, payable quarterly in arrears on February 15, May 15, August 15 and November 15 of each year (commencing February 15, 2000) and at Maturity, to the persons in whose names the PIES (or any predecessor securities) are registered at the close of business on the last day of the calendar month immediately preceding such interest payment date, until principal thereof is paid or made available for payment, provided that nothing in this Indenture or the PIES is intended to prevent the Company or the Trustee from giving effect to the terms of the Issuing and Paying Agency Agreement between the Company, The Bank of New York and the Bank of New York, London, to be dated ________ __, 1999. In addition, if the Stated Maturity is extended as provided in Section 204, interest at the rate set forth in this Section 201 will continue to accrue on the PIES until Maturity and additional interest will accrue in arrears as provided in Section 204. The PIES shall be initially issued in the form of a Global Security and the depositary for the PIES shall be The Depository Trust Company, New York, New York (the "Depositary"). The PIES shall not be redeemable or terminable prior to their Stated Maturity except as provided in Section 204 and shall not be subject to any sinking fund. The PIES shall be mandatorily exchangeable as provided in Section 202. The PIES shall be issuable in denominations of $____ and any integral multiple thereof. The Company shall not be obligated to pay any additional amount on the PIES in respect of taxes, except as otherwise provided in Sections 207 and 301. The form of PIES attach...
Title and Terms. 25 SECTION 3.2 Denominations. .............................................. 28 SECTION 3.3 Execution, Authentication, Delivery and Dating. ............. 29 SECTION 3.4
Title and Terms. 26 Section 3.2. Denominations........................................................... 29 Section 3.3. Execution, Authentication, Delivery and Dating.......................... 29 Section 3.4. Temporary Securities.................................................... 30 Section 3.5. Global Securities.....................................................
Title and Terms. The aggregate principal amount of Notes that may be authenticated and delivered and Outstanding under this Indenture is not limited. The Initial Notes will be issued in an aggregate principal amount of $320.0 million. All the Notes shall vote and consent together on all matters as one class, and none of the Notes will have the right to vote or consent as a class separate from one another on any matter. Additional Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a class with the other Notes and otherwise be treated as Notes for all purposes of this Indenture. The Notes shall be known and designated as the “8% Senior Subordinated Notes Due 2014” of the Company. The final Stated Maturity of the Notes shall be April 15, 2014. Interest on the Outstanding principal amount of Notes will accrue at the rate of 8% per annum and will be payable semi-annually in arrears on April 15 and October 15 in each year, commencing on October 15, 2004, to holders of record on the immediately preceding April 1 and October 1, respectively (each such April 1 and October 1, a “Regular Record Date”). Interest on the Original Notes will accrue from the most recent date to which interest has been paid or duly provided for or, if no interest has been paid, from April 13, 2004; and interest on any Additional Notes (and Exchange Notes issued in exchange therefor) will accrue (or will be deemed to have accrued) from the most recent date to which interest has been paid or duly provided for or, if no interest has been paid on such Additional Notes, from the Interest Payment Date immediately preceding the date of issuance of such Additional Notes, or if the date of issuance of such Additional Notes is an Interest Payment Date, from such date of issuance; provided that if any Note is surrendered for exchange on or after a record date for an Interest Payment Date that will occur on or after the date of such exchange, interest on the Note received in exchange thereof will accrue from the date of such Interest Payment Date. The principal of, and premium, if any, and interest on, the Notes shall be payable, and the Notes may be exchanged or transferred, at the office or agency of the Company maintained for that purpose (which initially shall be the Corporate Trust Office of the Trustee) (the “Place of Payment”); provided, however, that at the option of the Company payment of interest on a Note may be made by check mailed to the address of the Person entitl...
Title and Terms. 14 SECTION 3.2. Denominations......................................................................................15 SECTION 3.3. Execution, Authentication, Delivery and Dating.....................................................15 SECTION 3.4. Temporary Notes....................................................................................15 SECTION 3.5. Registration, Registration of Transfer and Exchange................................................16 SECTION 3.6. Mutilated, Destroyed, Lost and Stolen Notes........................................................17 SECTION 3.7. Payment of Interest; Interest Rights Preserved.....................................................17 SECTION 3.8. Persons Deemed Owners..............................................................................19 SECTION 3.9. Cancellation.......................................................................................19 SECTION 3.10. Computation of Interest............................................................................19 SECTION 3.11. CUSIP Number.......................................................................................19
Title and Terms. 21 SECTION 3.2. Denominations. ............................................ 24 SECTION 3.3. Execution, Authentication, Delivery and Dating. ........... 24 SECTION 3.4. Temporary Securities. ..................................... 25 SECTION 3.5. Registration, Transfer and Exchange. ...................... 26 SECTION 3.6. Mutilated, Destroyed, Lost and Stolen Securities. .......
