Common use of Additional Debentures Clause in Contracts

Additional Debentures. After the $12,500,000 principal amount of 1987 Debentures, or such lesser amount thereof as shall have been authorized, issued and sold as provided in Section 4.03, have been certified and delivered, Additional Debentures may, subject to the provisions of Section 4.05 and to such restrictions as may be set forth in any Additional Debentures or in any indenture under which any Additional Debentures are issued and subject to compliance with such provisions, if any, of the Bank Act as may at such time be applicable and subject as hereinafter provided, from time to time be executed and issued by the Bank and certified and delivered by the Trustee upon application by the Bank but only upon receipt by the Trustee of: (a) A written order of the Bank requesting the certification of such Additional Debentures in the principal amount applied for, specifying the person or persons to whom such Debentures shall be delivered; (b) A certified resolution of the Bank certified within 10 days prior to the date of such written order, authorizing the issue and requesting the certification of Additional Debentures of the principal amount applied for and specifying the series thereof, and the particulars and provisions to be expressed in or which are to relate to such Additional Debentures in accordance with the provisions hereof; (c) An Officers' Certificate dated within 10 days prior to the date of such written order, stating: (i) The principal amount of bank debentures outstanding at the date thereof prior to the issue of the Additional Debentures at such time requested to be certified by the Trustee, and the date or dates of final maturity of such bank debentures; (ii) The amount at such date of the paid-up capital stock and rest account of the Bank; (iii) That to the best of the knowledge and belief of the signers no event of default under this indenture has occurred and is continuing and the Bank will not by the issue of such Additional Debentures be in default under this indenture or in violation of the provisions of the Bank Act as it may at such time be applicable; (d) An opinion of Counsel that all requisite indentures supplemental hereto, if any are required, have been duly executed by the Bank and that such indentures or the Additional Debentures contain all appropriate provisions as to dates, maturities, rates of interest, form, denominations, places and media of payment, numbers, exchange and redemption or call, and that all legal requirements in respect of the proposed issue of Additional Debentures have been met.

Additional Debentures. After the $12,500,000 principal amount of 1987 Debentures, or such lesser amount thereof as shall have been authorized, issued and sold as provided in Section 4.03, have been certified and delivered, Additional Debentures may, subject to the provisions of Section 4.05 and to such restrictions as may be set forth in any Additional Debentures or in any indenture under which any Additional Debentures are issued and subject to compliance with such provisions, if any, of the Bank Act as may at such any time be applicable and subject as hereinafter provided, from time to time (provided no Event of Default shall have occurred and be continuing at such time) be created, issued and executed and issued by the Bank and certified Company and delivered to the Fiscal Agent and shall be certified by the Trustee Fiscal Agent and delivered to or upon application by the Bank Written Order of the Company (without the Fiscal Agent receiving any consideration therefor) but only upon receipt by if the Trustee ofCompany has complied with the provisions of this Section 3.4, and the Company has furnished to the Fiscal Agent: (a) A written order of the Bank requesting a Written Order for the certification and delivery of such Additional Debentures in the principal amount applied for, specifying the person or persons to whom such Debentures shall be delivered;and (b) A certified resolution of the Bank certified within 10 days prior to the date of such written order, a Certified Resolution authorizing the creation, issue and requesting the certification execution of Additional Debentures of the principal amount applied for and specifying determining the series thereof, and attributes and the particulars and provisions to be expressed in or which are to relate to such Additional Debentures forms thereof in accordance with the provisions hereofthis Indenture; (c) An an indenture supplemental hereto, in form and substance satisfactory to Counsel, creating such series of Additional Debentures duly executed by each of the parties thereto; (d) an Officers' Certificate dated within 10 days prior to the date of such written order, stating’ Certificate: (i) The principal amount of bank debentures outstanding at the date thereof prior stating that all conditions provided for in this Indenture relating to the issue issue, certification and delivery of the Additional Debentures at such time requested to be certified by applied for have been complied with in accordance with the Trustee, and the date or dates terms of final maturity of such bank debenturesthis Indenture; (ii) The amount at stating that so far as is known to the signers, after having made due enquiry pursuant to Section 13.8, no Default or Event of Default has occurred and is continuing or will result from the making or granting of such date of the paid-up capital stock and rest account of the BankWritten Order; (iii) That providing reasonable particulars demonstrating compliance by the Company with the covenants in Section 5.1 (on a pro forma basis after giving effect to the best of the knowledge and belief of the signers no event of default under this indenture has occurred and is continuing and the Bank will not by the issue of such Additional Debentures be in default under this indenture or in violation and the application of the provisions of the Bank Act as it may at such time be applicableproceeds thereof); (de) An opinion an Opinion of Counsel that all requisite indentures dated the date of such Written Order to the same effect, mutatis mutandis, as the Opinion of Counsel referred to in paragraph 3.3(d); and (f) such other materials and documents as the Fiscal Agent or Counsel may reasonably require and as may be provided for in the supplemental hereto, if any are required, have been duly executed by the Bank and that indenture creating such indentures or the Additional Debentures contain all appropriate provisions as to dates, maturities, rates of interest, form, denominations, places and media of payment, numbers, exchange and redemption or call, and that all legal requirements in respect of the proposed issue of Additional Debentures have been metDebentures.