Title and Terms. The aggregate principal amount of Securities which 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 set forth in an Officers' Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of Securities of a series:
Title and Terms. (a) There is hereby created under the Indenture a series of Debt Securities known and designated as the “5.900% Sustainability-Linked Senior Notes due 2033.” The aggregate principal amount of Notes that may be authenticated and delivered under this First Supplemental Indenture is initially limited to $500,000,000, except for Notes authenticated and delivered upon reregistration of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.07, 2.08, 2.09 or 9.04 of the Indenture. The Company shall be the Issuer of the Notes (the “Issuer”) and the Parent shall be a Guarantor of the Notes. The Guarantor fully and unconditionally guarantees, pursuant to the terms of the Guarantee contained in Article XIII of the Indenture, to each Holder of the Notes the due and punctual payment of the principal of, any premium and interest on, with respect to the Notes and the due, when and as the same shall become due and payable, whether at maturity, by acceleration, redemption, repayment or otherwise, in accordance with the terms of the Notes, this First Supplemental Indenture and the Indenture. The Issuer may, without notice to or the consent of the Holders of the Notes, issue in separate offerings additional notes having the same ranking, interest rate, maturity and other terms (except for the date of issuance and, in some cases, the price to the public and the initial interest payment date) as the Notes. Any such additional notes, together with the Notes, will constitute a single series of Debt Securities under the Indenture; provided that such additional notes are fungible with the Notes for U.S. federal income tax purposes. The Stated Maturity for the Notes shall be March 1, 2033 for payment of principal of the Notes. The Notes shall bear interest at the rate of 5.900% per annum (the “Initial Interest Rate”), subject to increase as set forth in Section 2.01(b), from February 16, 2023 or the most recent interest payment date to which interest has been paid or duly provided for, payable semi-annually in arrears on March 1 and September 1 of each year (beginning September 1, 2023), to the Persons in whose names the Notes are registered at the close of business on February 15 or August 15, as the case may be, next preceding such interest payment date, until principal thereof is paid or made available for payment. Interest on the Notes shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. All dollar amounts resulting...
Title and Terms. The aggregate principal amount of Notes that may be authenticated and delivered and Outstanding under this Indenture is initially limited to $450,000,000 (plus any Additional Dividend Notes issued in respect thereof pursuant to Section 4.08), but may be increased, subject to compliance with the covenants contained in Article 4 below and the conditions set forth in Section 3.03. The Initial Notes will be issued in an aggregate principal amount of $450,000,000 plus the aggregate amount of any Additional Dividend Notes issued in respect thereof. All the Original Notes shall vote and consent together on all matters as one class, and none of the Original Notes will have the right to vote or consent as a class separate from one another on any matter. Subject to the covenants contained in Article 4 below, the Issuers may issue Additional Notes hereunder and the Issuers may be required to issue Additional Dividend Notes from time to time. Initial Additional Notes (including any Exchange Notes issued in exchange therefor) and Additional Dividend Notes (including any Exchange Notes issued in exchange therefor) shall 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 "10_% Senior Notes Due 2011" of the Issuers. The final Stated Maturity of the Notes shall be May 1, 2011. Interest on the Outstanding principal amount of Notes will accrue, subject to Section 3.11, at the rate of 10_% per annum and will be payable semiannually in arrears on May 1 and November 1 in each year, commencing on November 1, 2003, to Holders of record at the close of business on the immediately preceding April 15, and October 15, respectively (each such April 15 and October 15, 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 22, 2003, and interest on any Additional Notes and Additional Dividend Notes (and Exchange Notes issued in exchange therefor) 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 22, 2003; 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 Inte...
Title and Terms. There is hereby established a series of Securities designated the “1.60% Solar Bonds, Series 2015/C29-1”. 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 $3,000,000 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. The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is limited to the sum of $55,670,112 except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 3.04, 3.05, 3.06, 3.07, 9.06, 11.08 or 13.02. The Securities shall be known and designated as the "Convertible Junior Subordinated Debentures Due 2030" of the Company. Their Stated Maturity shall be March 15, 2030, and they shall bear interest equal to $0.50 per each $27 principal amount, during the period from issuance of the Securities to March 15, 2000, and they shall bear interest at the Applicable Rate, from March 15, 2000 or from the most recent Interest Payment Date (as defined below) to which interest has been paid or duly provided for, as the case may be, payable quarterly (subject to deferral as set forth herein), in arrears, on March 15, June 15, September 15 and December 15 (each an "Interest Payment Date") of each year, commencing March 15, 2000, until the principal thereof is paid or made available for payment, and interest payable on an Interest Payment Date shall be paid to the Person in whose name the Security is registered at the close of business on the regular record date for such interest installment, which shall be the close of business on the first of the month in which the applicable Interest Payment Date occurs(the "Regular Record Date"). Interest will compound quarterly and will accrue at the Applicable Rate on any interest installment in arrears for more than one quarter or during an extension of an interest payment period as set forth in Section 3.13 hereof. Except for the interest payable on March 15, 2000, the amount of interest payable for any period will be computed on the basis of a 360-day year of twelve 30-day months and except as provided in the following sentence, the amount of interest payable for any period shorter than a full quarterly period for which interest is computed, will be computed on the basis of the actual number of days elapsed in such a 30-day month. In the event that any date on which interest is payable on the Securities is not a Business Day, then payment of interest payable on such date will be made on the next succeeding day which is a Business Day (and without any interest or other payment in respect of any such delay), with the same force and effect as if made on such date. If at any time (including upon...
Title and Terms. The aggregate principal amount of Securities which may be authenticated and delivered under this Indenture is limited to U.S.$150,000,000(U.S.$200,000,000 if the over-allotment is fully exercised), except for Securities authenticated and delivered in exchange for, or in lieu of, other Securities pursuant to SECTION 3.4, 3.5, 3.6, 8.5, 10.8, 11.2 or 13.3(e). The Securities shall be known and designated as the "6.25% Convertible Subordinated Notes due December 1, 2004" of the Company. Their Stated Maturity shall be December 1, 2004 and they shall bear interest on their principal amount from December 6, 1999, payable semi-annually in arrears on June 1 and December 1 in each year, commencing June 15, 2000, at the rate of 6.25% per annum until the principal thereof is due and at the rate then in effect on any overdue principal and, to the extent permitted by law, on any overdue interest; PROVIDED, HOWEVER, that payments shall only be made on Business Days as provided in SECTION 1.12. The principal of, premium, if any, and interest on the Securities shall be payable as provided in the form of Securities set forth in SECTION 2.2, and the Repurchase Price, whether payable in cash or in shares of Common Stock, shall be payable at such places as are identified in the Company Notice given pursuant to SECTION 13.3 (any city in which any Paying Agent is located being herein called a "Place of Payment"). The Registrable Securities are entitled to the benefits of a Registration Rights Agreement as provided by SECTIONS 2.2 and 9.11. The Securities are entitled to the payment of Liquidated Damages as provided in the Registration Rights Agreement. The Securities shall be redeemable at the option of the Company, as provided in ARTICLE TEN and in the form of Securities set forth in SECTION 2.2. The Securities shall be convertible as provided in ARTICLE ELEVEN (any city in which any Conversion Agent is located being herein called a "Place of Conversion"). The Securities shall be subordinated in right of payment to Senior Debt of the Company as provided in ARTICLE TWELVE. The Securities shall be subject to repurchase by the Company at the option of the Holders as provided in ARTICLE THIRTEEN.
Title and Terms. The aggregate principal amount at maturity of Securities which may be authenticated and delivered under this Indenture is limited to $328,084,000 issued on the date hereof, except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities pursuant to Section 3.04, 3.05, 3.06, 9.06 or 11.08 or in connection with an Offer to Purchase pursuant to Section 10.13 or 10.17 (all Securities referred to in this exception being deemed "Substitute Securities"). The Issuer may issue Exchange Securities from time to time pursuant to an Exchange Offer or otherwise, in each case pursuant to a Board Resolution, subject to Section 3.03, included in an Officers' Certificate delivered to the Trustee, in authorized denominations in exchange for a like principal amount at maturity of Original Securities. Upon any such exchange the Original Securities shall be canceled in accordance with Section 3.09 and shall no longer be deemed Outstanding for any purpose. In no event shall the aggregate principal amount at maturity of Original Securities and Exchange Securities Outstanding exceed $328,084,000. The Securities shall be known and designated as the "10 1/8% Senior Discount Notes due 2008" of the Issuer. The Stated Maturity of the Securities shall be March 1, 2008. The Securities shall bear interest at the rate of 10 1/8% per annum, from March 1, 2003 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 March 1 and September 1, commencing September 1, 2003, until the principal thereof is paid or made available for payment; provided, however, with respect to Original Securities, if there has been a Registration Default, a Step-Up will occur and the Original Securities will from then bear Special Interest to but excluding the Step-Down Date. Accrued Special Interest, if any, shall be paid in cash in arrears semi-annually on March 1 and September 1 in each year, and the amount of accrued Special Interest shall be determined on the basis of the number of days actually elapsed. With respect to Global Securities, the Issuer will pay interest, if any, on such Securities to the bearers of such Securities. Holders of such Global Securities must surrender such Securities to the Trustee to collect principal payments. The principal of and premium, if any, and interest on the Securities shall be payable at the corporate tru...
Title and Terms. 25 SECTION 3.2 Denominations. .............................................. 28 SECTION 3.3 Execution, Authentication, Delivery and Dating. ............. 29 SECTION 3.4
Title and Terms. 39 SECTION 3.2 Denominations ................................................................................. 40 SECTION 3.3 Execution, Authentication, Delivery and Dating................................................. 40 SECTION 3.4 Global Securities; Non-global Securities; Book-entry Provisions................................ 40 SECTION 3.5 Registration; Registration of Transfer and Exchange; Restrictions on Transfer.................. 42 SECTION 3.6 Mutilated, Destroyed, Lost or Stolen Securities................................................ 45 SECTION 3.7 Payment of Interest; Interest Rights Preserved................................................. 46 SECTION 3.8 Persons Deemed Owners.......................................................................... 47 SECTION 3.9 Cancellation .................................................................................. 48 SECTION 3.10 Computation of Interest....................................................................... 48 SECTION 3.11 CUSIP Numbers ................................................................................ 48
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. ......... 27 SECTION 3.7. Payment of Interest; Interest Rights Preserved. ........... 28 SECTION 3.8. Persons Deemed Owners. .................................... 29 SECTION 3.9. Cancellation. ............................................. 30 SECTION 3.10. Computation of Interest. ................................. 30 SECTION 3.11. Deferrals of Interest Payment Dates. ..................... 30 SECTION 3.12. Right of Set-Off. ........................................ 31 SECTION 3.13. Agreed Tax Treatment. .................................... 31 SECTION 3.14. Shortening or Extension of Stated Maturity................ 32 SECTION 3.15. CUSIP Numbers. ........................................... 32
