Additional Series of Notes Clause Samples
Additional Series of Notes. In addition to the issuance and sale of the Series 2012 Notes, the Company may from time to time issue and sell one or more additional series of notes (the “Additional Notes” and together with the Series 2012 Notes, the “Notes”) pursuant to this Agreement, provided that the aggregate principal amount of all Additional Notes issued pursuant to this Agreement shall not exceed $500,000,000. Each series of Additional Notes will be issued pursuant to a supplement to this Agreement (a “Supplement”) in substantially the form of Exhibit E, and will be subject to the following terms and conditions:
(i) the designation of each series of Additional Notes shall distinguish such series from the Notes of all other series;
(ii) each series of Additional Notes may consist of different and separate tranches and may differ as to currency denominated outstanding principal amounts, maturity dates, interest rates and premiums or make-whole amounts, if any, and price and terms of redemption or payment prior to maturity;
(iii) all Notes issued under this Agreement, including pursuant to any Supplement, shall rank pari passu with each other and all other senior unsecured Indebtedness of the Company and its Subsidiaries;
(iv) 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 or optional prepayments, if any, on the dates and with the make-whole amounts, premiums or breakage amounts, if any, as are provided in the Supplement under which such Additional Notes are issued, and shall have such additional or different conditions precedent to closing and such additional or different representations and warranties or other terms and provisions as shall be specified in such Supplement; and
(v) except to the extent provided in foregoing clause (iv), all of the provisions of this Agreement shall apply to all Additional Notes.
Additional Series of Notes. RCFC shall not issue after the Series 2010-1 Closing Date any new Series of Notes entitled to share in the Group V 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 2010-1 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 Series of its unsecured promissory notes under the provisions of this Agreement pursuant to a supplement (a
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 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. 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
Additional Series of Notes