Common use of Amount of New Notes Clause in Contracts

Amount of New Notes. Subject to Section 3.02, the Trustee shall authenticate New Notes for original issue on the Issue Date in the aggregate principal amount of $2,000,000,000 (the “Original Notes”). The Issuer shall be entitled, subject to its compliance with the covenants set forth in this Indenture, including Section 9.08, to issue Additional Notes under this Indenture which shall have identical terms as the Original Notes, other than with respect to the date of issuance, the issue price and, if applicable, the payment of interest accruing prior to the issue date of such Additional Notes and the first payment of interest following the issue date of such Additional Notes (and such changes as are customary to permit escrow arrangements, if any, in connection with the issuance of such Additional Notes); provided that a separate CUSIP or ISIN shall be issued for any Additional Notes if the Additional Notes are not fungible for U.S. federal income tax purposes with the Original Notes. The Original Notes and any Additional Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to the Additional Notes, the Issuer shall set forth in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information: (a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (b) the issue price, the issue date and the CUSIP number of such Additional Notes; (c) whether such Additional Notes shall be Transfer Restricted Securities and issued in the form of New Notes as set forth in Appendix A to this Indenture. For each issuance of Additional Notes, the Issuer shall lend to Level 3 Communications an amount equal to the principal amount of the Additional Notes so issued, and the principal amount of the Loan Proceeds Note shall be increased by such amount; provided that such calculation or the correctness of the amount of the Loan Proceeds Note or any increase in the amount thereof shall not be a duty or obligation of the Trustee.