Additional Series of Notes Clause Samples
Additional Series of Notes. The Company may, from time to time, in its sole discretion but subject to the terms hereof, issue and sell one or more additional series of its unsecured promissory notes under the provisions of this Agreement pursuant to a supplement (a "Supplement") substantially in the form attached hereto as Exhibit F. Each additional series of Notes (the "Additional Notes") issued pursuant to a Supplement shall be subject to the following terms and conditions:
(i) each series of Additional Notes, when so issued, shall be differentiated from all previous series by year and sequential alphabetical designation inscribed thereon;
(ii) Additional Notes of the same series may consist of more than one different and separate tranches and may differ with respect to outstanding principal amounts, maturity dates, interest rates and premiums, if any, and price and terms of redemption or payment prior to maturity;
(iii) each series of Additional Notes shall be dated the date of issue, bear interest at such rate or rates, mature on such date or dates, be subject to such mandatory and optional prepayment on the dates and at the premiums, if any, have such additional or different conditions precedent to closing, such representations and warranties and such additional covenants as shall be specified in the Supplement under which such Additional Notes are issued;
(iv) each series of Additional Notes issued under this Agreement shall be in substantially the form attached hereto as Exhibit 1 to Exhibit F with such variations, omissions and insertions as are necessary or permitted hereunder;
(v) the minimum principal amount of any Note issued under a Supplement shall be $100,000, except as may be necessary to evidence the outstanding amount of any Note originally issued in a denomination of $100,000 or more;
(vi) all Additional Notes shall constitute Senior Funded Debt of the Company and shall rank pari passu with all other outstanding Notes; and
(vii) no Additional Notes shall be issued hereunder if at the time of issuance thereof and after giving effect to the application of the proceeds thereof, any Default or Event of Default shall have occurred and be continuing.
Additional Series of Notes. RCFC shall not issue after the Series 2010-3 Restatement Closing Date any new Series of Notes entitled to share in the Group VII Collateral unless (a) (i) the Managing Agents have given their prior written consent to such issuance and (ii) the Rating Agency Condition is satisfied or (b) (i) the proceeds of such issuance are to be used to pay in full the Series 2010-3 Invested Amount and all other amounts due and payable under the Series Documents to the Purchaser Parties shall be paid concurrently therewith and
Additional Series of Notes. The Company may, from time to time, in its sole discretion but subject to the terms hereof, issue and sell one or more additional Series of its unsecured promissory notes under the provisions of this Agreement pursuant to a supplement (a
Additional Series of Notes. RCFC shall not issue after the Series 2010-3 Closing Date any new Series of Notes entitled to share in the Group VII Collateral unless (a) (i) the Managing Agents have given their prior written consent to such issuance and (ii) the Rating Agency Condition is satisfied or (b) (i) the proceeds of such issuance are to be used to pay in full the Series 2010-3 Invested Amount and all other amounts due and payable under the Series Documents to the Purchaser Parties shall be paid concurrently therewith and (ii) the obligations of the Purchasers to make Advances under the Series Documents is terminated on or prior to the date of such issuance.
Additional Series of Notes. The Company may, from time to time, in its sole discretion but subject to the terms hereof, issue and sell one or more additional unsecured promissory notes under the provisions of this Agreement (the “Additional Notes”) pursuant to a supplement to this Agreement (a “Supplement”). Each Additional Note issued pursuant to a Supplement shall have identical terms to the Notes, other than with respect to the date of issuance, purchase price, first interest payment date applicable thereto and first date from which interest will accrue). The obligations of the Company to issue, and the obligations of the Additional Purchasers to purchase, any Additional Notes shall be subject to the following conditions precedent:
Additional Series of Notes. In addition to the issuance and sale of the Original Notes, the Company may from time to time issue and sell one or more additional notes (the “Additional Notes” and together with the Original Notes, the “Notes”, such term to include each Note delivered pursuant to any provision of this Agreement or any Supplement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision) pursuant to this Agreement; provided, however, that the aggregate principal amount of all Additional Notes issued pursuant to this Agreement that may be outstanding at any time shall not exceed $500,000. Any Additional Notes will be issued solely in consideration for cash at 100% of the principal amount thereof pursuant to a supplement to this Agreement (a “Supplement”) in substantially the form of Exhibit J, and will be subject to, and entitled to the benefits of, all of the provisions of this Agreement. For the avoidance of doubt, all Notes issued under this Agreement, including pursuant to any Supplement, shall rank pari passu with each other, including, without limitation, with respect to security interests and proceeds under each Collateral Document. For the further avoidance of doubt, any issuance and sale of Additional Notes that complies with the provisions of this paragraph 2A(2) is a transaction expressly permitted by this Agreement within the meaning of paragraph 7B(9) of this Agreement.
Additional Series of Notes. The Obligors may, from time to time, in their sole discretion, but subject to the terms hereof, issue and sell one or more additional series of their unsecured promissory notes under the provisions of this Agreement pursuant to a supplement (a “Supplement”) substantially in the form of Exhibit S (with such modifications, if any, in the names of the Obligors as may be necessary to properly identify the Obligors at the time of delivery of any such Supplement and the related Additional Notes (defined below)). -2- Cabela’s Incorporated, et al. Note Purchase Agreement
Additional Series of Notes. DB1/ 84912103.8
Additional Series of Notes. RCFC shall not issue after the Series 2010-2 Closing Date any new Series of Notes entitled to share in the Group VI Collateral unless (a) the Note Purchasers have given their prior written consent to such issuance or (b) (i) the proceeds of such issuance are to be used to pay in full the Series 2010-2 Invested Amount and all other amounts due and payable under the Series Documents to the Note Purchasers shall be paid concurrently therewith and (ii) the obligations of the Note Purchasers to make Advances under the Series Documents is terminated on or prior to the date of such issuance.
Additional Series of Notes