Additional Issuances of Notes Sample Clauses
The "Additional Issuances of Notes" clause authorizes the issuer to create and distribute more notes beyond the initial offering. In practice, this means the issuer can raise additional capital by issuing new notes under the same terms as the original notes, often subject to certain conditions or limitations specified in the agreement. This clause provides flexibility for the issuer to meet future financing needs without renegotiating the entire agreement, ensuring efficient access to capital while maintaining consistency for existing noteholders.
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2017-6) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2017-6) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2017-6) Notes;
(ii) the amount of such additional Class A(2017-6) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2017-6) Notes;
(iii) the date from which interest on such additional Class A(2017-6) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2017-6) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2017-6) Notes to clarify the rights of Holders of such additional Class A(2017-6) Notes or the effect of such issuance of additional Class A(2017-6) Notes on any calculations to be made with respect to the Class A(2017-6) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2017-6) Notes;
(b) no Class A(2017-6) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2017-6) Notes would be treated as part of the same issue as the outstanding Class A(2017-6) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2017-6) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2017-6) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2017-6) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class C(2020-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class C(2020-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class C(2020-2) Notes;
(ii) the amount of such additional Class C(2020-2) Notes being offered, the purchase price for such additional Class C(2020-2) Notes and the resulting Initial Dollar Principal Amount, Stated Principal Amount and Nominal Liquidation Amount of Class C(2020-2) Notes;
(iii) the Outstanding Dollar Principal Amount of the Class C(2020-2) Notes after giving effect to the issuance of the additional Class C(2020-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the Discount Amount after giving effect to such additional Class C(2020-
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class C(2020-5) Notes, so long as the following conditions precedent are satisfied:
Additional Issuances of Notes. (a) At any time during the Reinvestment Period (or, in the case of an issuance solely of additional Subordinated Notes or additional Junior Mezzanine Notes, at any time), pursuant to a supplemental indenture in accordance with Article VIII and subject to Section 3.3, the Asset Manager, in its sole discretion, may direct the Issuer to issue or incur (y) additional Notes under this Indenture of each existing Class (on a pro rata basis across all Classes of Notes (based on the Aggregate Outstanding Amount of each Class of Notes immediately prior to such issuance)) and/or (z) additional Subordinated Notes and/or new Junior Mezzanine Notes (such additional notes described in clauses (y) and (z), collectively, “Additional Notes”) and (I) use the net proceeds to acquire Underlying Assets, (II) in the case of an additional issuance of Subordinated Notes, apply all or a portion of the net proceeds from such additional issuance to any Permitted Use (as directed by the Asset Manager) or (III) for any other purpose permitted hereunder; provided that with respect to any issuance of Additional Notes the following conditions are met:
(i) Rating Agency Confirmation has been received in respect of such additional issuance;
(ii) such issue is approved by the Asset Manager and, if additional Class A-1 Notes or Additional Notes ranking pari passu with the existing Class A-1 Notes are included in the additional issuance, a Majority of the Class A-1 Notes;
(iii) in the case of any Rated Notes, such issue does not exceed 100% of the original issue amount of each applicable Class of Rated Notes;
(iv) except for an issuance of new Junior Mezzanine Notes, the terms of the Additional Notes issued are identical to the respective terms of previously issued Notes of each applicable Class except for the terms related to the issuance price, the date of issuance, interest rate in the case of Rated Notes, date on which interest begins to accrue and the first Payment Date for such Additional Notes; provided, that the interest rate on such Additional Notes may not exceed the Note Interest Rate on the corresponding, existing Class of Notes;
(v) except for an additional issuance of Subordinated Notes to the Retention Holder, an Opinion of Counsel must be delivered to the Trustee to the effect that any additional Class A-1 Notes, Class A-2 Notes or Class B Notes will be treated as indebtedness for U.S. federal income tax purposes; provided, however, that the opinion described above will not be ...
Additional Issuances of Notes. The Buyer acknowledges and agrees that the Company shall be permitted to offer and issue up to $550,000 in principal amount worth of additional promissory notes (the “Additional Notes”) to accredited investors on the same terms set forth herein and in the Note, provided, that: (i) such Additional Notes shall be issued pursuant to the same forms as this Agreement and the Note and that no modified or additional terms or consideration shall be afforded to the purchasers of the Additional Notes without the same first being offered to the Buyer; (ii) the Additional Notes shall only be issued by the Company in the principal amount of $275,000 or a maximum of 2 additional investors (pro-rata); and (iii) the offering by the Company of the Additional Notes shall only extend through January 21, 2015.