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. On the Issue Date, the Trustee shall authenticate and deliver U.S.$700,000,000 aggregate principal amount of 5.375% Notes due 2027. The Issuer may from time to time, without the consent of the Holders of the Notes, create and issue additional Notes having the same terms and conditions as the Notes in all respects, except for issue date, issue price and the first payment of interest thereon; provided, however, that unless such Additional Notes are issued under separate CUSIP number, either such Additional Notes are part of the same “issue” for U.S. federal income tax purposes or are issued pursuant to a “qualified reopening” for U.S. federal income tax purposes. Additional Notes issued shall be consolidated with and shall form a single series with the previously issued Notes for all purposes hereof. The Notes shall be known and designated as the “5.375% Notes due 2027” of the Issuer. The Stated Maturity of the Notes shall be May 4, 2027. The Notes shall bear interest at the rate of 5.375% per annum, from May 4, 2017 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 semiannually in arrears on May 4 and November 4, commencing November 4, 2017, until the principal thereof is paid or made available for payment. In the case of a default in payment of principal and premium, if any, upon acceleration or redemption, interest (and Additional Amounts, if any) shall be payable pursuant to the second paragraph of this Section 3.1 on such overdue principal (and premium, if any), such interest shall be payable on demand and, if not so paid on demand, such interest shall itself bear interest at the rate per annum stated in the form of security contained herein plus 1% per annum (to the extent that the payment of such interest shall be legally enforceable), and shall accrue from the date such principal and/or premium, as the case may be, was due and payable to the date payment of such interest (and Additional Amounts, if any) has been made or duly provided for, and such interest on unpaid interest shall also be payable on demand. The principal of and premium, if any, and interest on the Notes shall be payable at the Corporate Trust Office, the office of the Paying Agents and at any other office or agency maintained by the Issuer for such purpose; provided, however, that at the option of the Issuer upon five (5) Business Days’ notice to the applicable Paying Agent, payment of interest m...
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 “5.45% Solar Bonds, Series 2015/C33-15”. 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 $10,000,000 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 which may be authenticated and delivered under this Indenture on the first issuance is limited to $50,000,000 in principal amount of Securities, except for Securities authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Securities pursuant to Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 9.06, 10.12, 10.15 or 11.08. Additional Securities may be issued under the Indenture in compliance with Sections 3.03 and 10.08. The Securities shall be known and designated as the “6.00% Senior Notes due 2017” of the Company. The Stated Maturity of the Securities shall be June 30, 2017, and the Securities shall each bear interest at the rate of 6.00% per annum, as such interest rate may be adjusted as set forth in the Securities, from May 10, 2013 or from the most recent Interest Payment Date to which interest has been paid, payable semiannually on May 15 and November 15 in each year, commencing November 15, 2013, until the principal thereof is paid or duly provided for. Interest on any overdue principal, interest (to the extent lawful) or premium, if any, shall be payable on demand. The principal of, premium, if any, and interest on, the Securities shall be payable and the Securities shall be exchangeable and transferable at an office or agency of the Company maintained for such purposes (which initially will be a corporate trust office of the Trustee located at 000 Xxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Services); provided, however, that payment of interest may be made at the option of the Company by check mailed to addresses of the Persons entitled thereto as shown on the Security Register. For all purposes hereunder, the Initial Securities and any Additional Securities issued pursuant to this Indenture will be treated as one class and are together referred to as the “Securities.” The Securities shall be subject to repurchase by the Company pursuant to an Offer as provided in Section 10.12. Holders shall have the right to require the Company to purchase their Securities, in whole or in part, in the event of a Change of Control pursuant to Section 10.15. The Securities shall be redeemable as provided in Article Eleven and in the Securities. The Securities shall be Senior Indebtedness of the Company ranking in right of payment equal to all other existing and future Senior Indebtedness of the Company and senior to all Subordinated Indebtedne...
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 of Bonds which may be authenticated and delivered under this Indenture is limited to $3,000,000 (except for such additional principal amounts, not to exceed $450,000, of Bonds issued pursuant to an option granted to the Underwriters in the initial public offering of the Bonds) except for Bonds authenticated and delivered upon transfer of, or in exchange for, or in lieu of other Bonds pursuant to Section 304, 305, 306, 905 and 1108 hereof. Forthwith upon the execution and delivery of this Indenture, or from time to time thereafter, Bonds up to a maximum aggregate principal amount of $3,450,000 may be executed by the Company and delivered to the Trustee for authentication, and shall thereupon be authenticated and delivered by the Trustee upon Company Order, without any further action by the Company. The Bonds shall be known and designated as the "10% Convertible Adjustable Secured Bonds, Due 2000" of the Company. Their Stated Maturity shall be _____________ , 2000 and they shall bear interest at the rate per annum specified in the title of the Bonds, from the Initial Interest Accrual Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable annually on January 1 and July 1 in each year, commencing January 1, 1996, until the principal thereof is paid or made available for payment. The principal of (and premium, if any) and interest on the Bonds shall be payable at the office or agency of the Company maintained for such purpose ("Place of Payment"), which may be at the Principal Corporate Trust Office of the Trustee, or at such other location designated by the Company and maintained pursuant to Section 1002. The Bonds shall be redeemable as provided in Article Eleven. The Bonds shall be subordinated in right of payment to Senior Indebtedness of the Company as provided in Article Twelve. The Bonds shall be convertible as provided in Article Thirteen. The Bonds shall be secured by the Collateral Stock as provided in Article Fourteen.
Title and Terms. 25 SECTION 3.2 Denominations. .............................................. 28 SECTION 3.3 Execution, Authentication, Delivery and Dating. ............. 29 SECTION 3.4
Title and Terms. 25 -iii- 3 SECTION 3.02. Denominations............................................................... 25 SECTION 3.03. Execution, Authentication, Delivery and Dating.............................. 25 SECTION 3.04. Global and Non-Global Securities............................................ 26 SECTION 3.05. Registration; Registration of Transfer and Exchange......................... 27 SECTION 3.06. Mutilated, Destroyed, Lost and Stolen Securities............................ 31 SECTION 3.07. Payment of Interest; Interest Rights Preserved.............................. 31 SECTION 3.08. Persons Deemed Owners....................................................... 33 SECTION 3.09. Cancellation................................................................ 33 SECTION 3.10. Computation of Interest..................................................... 33
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
