Authorization of Notes Clause Samples

Authorization of Notes. The Company will authorize the issue and sale of (i) $60,000,000 aggregate principal amount of its 4.70% Senior Notes, Series A, due December 1, 2023 (the “Series A Notes”) and (ii) $40,000,000 aggregate principal amount of its 4.93% Senior Notes, Series B, due December 1, 2025 (the “Series B Notes” and, together with the Series A Notes, as amended, restated or otherwise modified from time to time pursuant to Section 17 and including any such notes issued in substitution therefor pursuant to Section 13, the “Notes”). The Series A Notes shall be substantially in the form set out in Schedule 1(a) and the Series B Notes shall be substantially in the form set out in Schedule 1(b). Certain capitalized and other terms used in this Agreement are defined in Schedule A. References to a “Schedule” are references to a Schedule attached to this Agreement unless otherwise specified. References to a “Section” are references to a Section of this Agreement unless otherwise specified.

Authorization of Notes. The Company will authorize the issue and sale of $60,000,000 aggregate principal amount of its 6.54% Senior Notes due March 15, 2010 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Authorization of Notes. The Company will authorize the issue and sale of €125,000,000 aggregate principal amount of its 1.47% Senior Notes due June 17, 2030 (the “Notes,” such term to include any notes issued in substitution therefor pursuant to Section 13). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Authorization of Notes. The Company will authorize the issue and sale of $100,000,000 aggregate principal amount of its 3.95% Senior Notes due July 10, 2027 (as amended, restated or otherwise modified from time to time pursuant to Section 17 and including any such notes issued in substitution therefor pursuant to Section 13, the “Notes”). The Notes shall be substantially in the form set out in Exhibit 1. Certain capitalized and other terms used in this Agreement are defined in Schedule B. References to a “Schedule” are references to a Schedule attached to this Agreement unless otherwise specified. References to a “Section” are references to a Section of this Agreement unless otherwise specified.

Authorization of Notes. The Company will authorize the issue and sale of (a) $25,000,000 aggregate principal amount of its 6.90% Senior Notes, Series A, due January 30, 2007 (the “Series A Notes”), (b) $28,000,000 aggregate principal amount of its 7.31% Senior Notes, Series B, due January 30, 2012 (the “Series B Notes”), and (c) $22,000,000 aggregate principal amount of its 7.85% Senior Notes, Series C, due January 30, 2012 (the “Series C Notes”; the Series A Notes, the Series B Notes and the Series C Notes being hereinafter collectively referred to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1(a), 1(b) and 1(c), respectively, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Authorization of Notes. The Issuer will authorize the issue and sale of $240,000,000 aggregate principal of its Guaranteed Senior Notes, of which $120,000,000 aggregate principal amount shall be its 4.69% Series A Guaranteed Senior Notes due January 10, 2026 (the “Series A Notes”) and $120,000,000 aggregate principal amount shall be its 4.79% Series B Guaranteed Senior Notes due January 10, 2028 (the “Series B Notes”; the Series A Notes and the Series B Notes are hereinafter referred to collectively as the “Notes”). The Series A Notes and the Series B Notes shall be substantially in the forms set out in Schedule 1(a) and Schedule 1(b), respectively. Certain capitalized and other terms used in this Agreement are defined in Schedule A and, for purposes of this Agreement, the rules of construction set forth in Section 23.4 shall govern.

Authorization of Notes. Hercules Capital, Inc., a Maryland corporation (the “Originator”), as the sole member of Hercules Capital Funding 2019-1 LLC, a Delaware limited liability company (the “Trust Depositor”), which is the sole holder of the trust certificate of Hercules Capital Funding Trust 2019-1, a Delaware statutory trust (the “Issuer”), has authorized the sale by the Issuer of the 4.703% Series 2019-1 Fixed Rate Notes (the “Notes”) of the Issuer. The Notes will be issued by the Issuer in an aggregate principal amount of $250,000,000. The Notes will be offered by the Issuer pursuant to the Memoranda (as defined below). The Issuer was formed pursuant to (i) a Trust Agreement, dated as of December 20, 2018, as amended and restated as of the Closing Date (as defined below) (the “Trust Agreement”) between the Trust Depositor, Wilmington Trust, National Association, as the owner trustee (the “Owner Trustee”), and (ii) a Certificate of Trust filed with the Secretary of State of the State of Delaware on December 20, 2018. In addition to the Notes, the Issuer is issuing a trust certificate (the “Certificate”). The Certificate will represent a fractional undivided beneficial interest in the Issuer. The Certificate will be issued pursuant to the Trust Agreement. The Notes will be issued pursuant to an Indenture, to be dated as of the Closing Date (the “Indenture”), between the Issuer and U.S. Bank National Association, as the trustee (the “Trustee”). The Notes will be secured by the assets of the Issuer. The primary assets of the Issuer will be a pool of senior secured loans made to life sciences companies and technology companies (including participations therein) and secured by security interests in certain assets of those companies, originated by the Originator or its affiliates (collectively, the “Loans”). The Trust Depositor will acquire Loans from the Originator pursuant to a Sale and Contribution Agreement, to be dated as of the Closing Date (the “Sale and Contribution Agreement”) between the Originator and the Trust Depositor. Pursuant to a Sale and Servicing Agreement, to be dated as of the Closing Date (the “Sale and Servicing Agreement”), among the Issuer, Hercules Capital, Inc., as the seller and as the servicer (the “Servicer”), the Trust Depositor, and the Trustee, the Trust Depositor will sell, transfer and convey to the Issuer, without recourse, all of its right, title and interest in the Loans in consideration for the Issuer’s payment of a portion of the proceeds of...

Authorization of Notes. The Company will authorize the issue and sale of $230,000,000 aggregate principal amount of its senior notes consisting of (i) $60,000,000 aggregate principal amount Floating Rate Series U Senior Unsecured Notes due May 26, 2016 (the “Series U Notes”), (ii) $70,000,000 aggregate principal amount 3.71% Series V Senior Unsecured Notes due May 26 2016 (the “Series V Notes”), and (iii) $100,000,000 aggregate principal amount 4.38% Series W Senior Unsecured Notes due May 26, 2018 (the “Series W Notes” and, together with the Series U Notes and the Series V Notes, the “Notes,” such term to include any such notes issued in substitution therefor pursuant to Section 13). The Series U Notes, Series V Notes and Series W Notes shall be substantially in the form set out in Exhibits 1-A, 1-B and 1C, respectively. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. The Series U Notes shall bear interest from the date of issue at a floating rate equal to the Adjusted LIBOR Rate from time to time, payable quarterly on the 19th day of each March, June, September and December in each year (commencing June 19, 2011) and at maturity (each such ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ MLP Investment Company Note Purchase Agreement date being referred to as a “Floating Rate Interest Payment Date”, provided, that if any such date shall not be a Business Day, such Floating Rate Interest Payment Date shall be postponed to be the next Business Day) and to bear interest on overdue principal (including any overdue required or optional prepayment of principal), LIBOR Breakage Amount, if any, and premium, if any, and (to the extent legally enforceable) on any overdue installment of interest at the Default Rate until paid. Interest shall be subject to adjustment in accordance with Section 8.7. Interest on the Series U Notes shall be computed for the actual number of days elapsed on the basis of a year consisting of 360 days. The Adjusted LIBOR Rate for the Series U Notes shall be determined by or on behalf of the Company, and notice thereof shall be given by or on behalf of the Company to the holders of such Series U Notes, together with such information as the Floating Rate Required Holders may reasonably request for verification (including in all events, a facsimile transmission of the relevant screen and calculations), on the second Business Da...

Authorization of Notes. The Company will authorize the issue and sale of (a) $80,000,000 aggregate principal amount of its 6.71% Series A Senior Notes due February 27, 2008 (the "Series A Notes") and (b) $20,000,000 aggregate principal amount of its 6.60% Series B Senior Notes due February 27, 2005 (the "Series B Notes").