Form and Terms of the Notes. The Notes and the Trustee’s certificate of authentication shall be substantially in the form of Exhibit A attached hereto. The aggregate principal amount of the Notes that may be authenticated and delivered under the Indenture, as amended hereby, shall be $300,000,000. The Company may, without the consent of the Holders, create and issue additional securities ranking pari passu with the Notes in all respects and so that such additional Notes shall be consolidated and form a single series having the same terms as to status, redemption or otherwise as the Notes initially issued. The terms of the Notes are established as set forth in Exhibit A attached hereto and this Fourteenth Supplemental Indenture. The terms and notations contained in the Notes shall constitute, and are hereby expressly made, a part of the Indenture as supplemented by this Fourteenth Supplemental Indenture, and the Company and the Trustee, by their execution and delivery of this Fourteenth Supplemental Indenture, expressly agree to such terms and provisions and to be bound thereby. Clause five of Section 501 of the Indenture is hereby amended in its entirety as follows: “If any event of default under any bond, debenture, note or other evidence of indebtedness of the Company (including any event of default with respect to any other series of Securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness of the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor), whether such indebtedness now exists or shall hereafter be created, shall happen and shall result in an aggregate principal amount exceeding $25,000,000 becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged, or such acceleration having been waived, rescinded or annulled, within a period of 10 days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 10% in principal amount of the Notes a written notice specifying such event of default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a “Not...
Form and Terms of the Notes. This Article V applies solely to the Notes and shall not affect the rights under the Indenture of the Holders of Securities of any other series.
Form and Terms of the Notes. This Article Five applies solely to the Notes and shall not affect the rights under the Original Indenture of the Holders of Securities of any other series.
Form and Terms of the Notes. Section 2.01. Designation of Notes; Establishment of Form of Notes 5 Section 2.02. Amount 5 Section 2.03. Issuance 5 Section 2.04. Stated Maturity 5 Section 2.05. Interest 5 Section 2.06. Notes Not Convertible or Exchangeable 6 Section 2.07. Payable in Dollars; No Option for Other Payment Currency 6 Section 2.08. Payments by Reference to Index, Formula, etc. 6 Section 2.09. Covenant Defeasance 6 Section 2.10. No Payment of Additional Amounts 6 Section 2.11. Paying Agent and Security Registrar 6 Section 2.12. Other Terms 7 Section 2.13. References to Premium 7 ARTICLE 3 ADDITIONAL COVENANTS FOR THE BENEFIT OF HOLDERS OF NOTES Section 3.01. Additional Covenants 7 ARTICLE 4 AMENDMENTS TO THE INDENTURE FOR THE BENEFIT OF THE HOLDERS OF THE NOTES Section 4.01. Amendment to Section 402(3) of the Original Indenture 10 ARTICLE 5 MISCELLANEOUS PROVISIONS Section 5.01. Adoption, Ratification and Confirmation 11 Page Section 5.02. Conflicts with Trust Indenture Act 11 Section 5.03. Effect of Headings and Table of Contents 11 Section 5.04. Successors and Assigns 11 Section 5.05. Separability Clause 11 Section 5.06. Benefits of First Supplemental Indenture 11 Section 5.07. Governing Law 11 Section 5.08. Counterparts 11 Section 5.09. Conflicts with Original Indenture 12 Section 5.10. Acceptance by Trustee 12 Section 5.11. Numbering of Sections and Articles in the Indenture 12 THIS FIRST SUPPLEMENTAL INDENTURE dated as of May 9, 2017 (this “First Supplemental Indenture”) between MID-AMERICA APARTMENTS, L.P., a limited partnership duly organized and existing under the laws of the State of Tennessee (hereinafter called the “Operating Partnership”), having its principal executive office located at 0000 Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxx 00000, and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America, as trustee (hereinafter called the “Trustee”).
Form and Terms of the Notes. Section 2.01. Designation of Notes; Establishment of Form of Notes 5 Section 2.02. Amount 5 Section 2.03. Issuance 5 Section 2.04. Stated Maturity 5 Section 2.05. Interest 5 Section 2.06. Notes Not Convertible or Exchangeable 6 Section 2.07. Payable in Dollars; No Option for Other Payment Currency 6 Section 2.08. Payments by Reference to Index, Formula, etc. 6 Section 2.09. Covenant Defeasance 6 Section 2.10. No Payment of Additional Amounts 6 Section 2.11. Paying Agent and Security Registrar 6 Section 2.12. Other Terms 7 Section 2.13. References to Premium 7 ARTICLE 3 ADDITIONAL COVENANTS FOR THE BENEFIT OF HOLDERS OF NOTES Section 3.01. Additional Covenants 7 ARTICLE 4 AMENDMENTS TO THE INDENTURE FOR THE BENEFIT OF THE HOLDERS OF THE NOTES
Form and Terms of the Notes. Section 301.
Form and Terms of the Notes. (1) The Notes authorized for issue under this Indenture is unlimited and shall collectively be designated as “9.875% Notes”.
Form and Terms of the Notes. Section 3.01.
Form and Terms of the Notes. 11 SECTION 2.1. Form of Face of Note...................................................................11 SECTION 2.2. Form of Reverse of Note.................................................................16 SECTION 2.3. Applicability of Provisions Regarding Form of Subsidiary Guarantee......................25 SECTION 2.4. Applicability of Provisions Regarding Form of Legend for Global Securities..............25 SECTION 2.5. Applicability of Provisions Regarding Form of Trustee's Certificate of Authentication...25 SECTION 2.6. Execution, Authentication, Delivery and Discharge......................................25 SECTION 2.7. Registration, Registration of Transfer and Exchange....................................26 SECTION 2.8. Satisfaction and Discharge.............................................................28 SECTION 2.9. Events of Default......................................................................29 SECTION 2.10. Merger, Conversion, Consolidation or Succession to Business.............................36 SECTION 2.11. Applicability of Provisions Regarding Appointment of Authenticating Agent...............37 SECTION 2.12. Consolidation, Merger, Sale or Conveyance...............................................37 SECTION 2.13. Supplemental Indentures.................................................................38 SECTION 2.14. Application of Certain Sections of the Indenture Regarding Covenants of the Company.....42 SECTION 2.15. Purchase of Notes upon a Change in Control..............................................42 SECTION 2.16. Provision of Financial Statements.......................................................45
Form and Terms of the Notes. (1) The Notes, authorized for issue hereunder, are limited to an aggregate principal amount of up to $110,000,000 and shall be designated as “8% Senior Unsecured Convertible Notes”.
