Common use of Authorization of Notes Clause in Contracts

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 aggregate principal amount of its 5.25% Series H Senior Notes due September 21, 2014 (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 hereof, 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 hereto; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (CHS Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 100,000,000 aggregate principal amount of its 5.256.66% Series H Senior Notes due September 21May 4, 2014 2010 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement. .c.

Appears in 1 contract

Sources: Note Purchase Agreement (Kemet Corp)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 110,000,000 aggregate principal amount of its 5.257.88% Senior Notes, Series H Senior Notes A, due September 21February 14, 2014 2007 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Insituform Technologies Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 100,000,000 aggregate principal amount of its 5.256.72% Series H Senior Notes due September 218, 2014 2010 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section toSection 13 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Oceaneering International Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 aggregate principal amount of its 5.255.47% Senior Notes, Series H Senior Notes 2022C, due September 21October 24, 2014 2052 (the “Notes”, such term to shall also include any such notes Notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)Agreement). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references . References to a “Section” are, unless otherwise specified, are references to a Section of this AgreementAgreement unless otherwise specified.

Appears in 1 contract

Sources: Note Purchase Agreement (New Jersey Resources Corp)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 84,500,000 aggregate principal amount of its 5.253.26% Series H Senior Secured Notes due September 21December 31, 2014 2024 (the “Notes”as amended, such term restated or otherwise modified from time to include time pursuant to Article 17 and including any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or Article 13, and together with the Other Agreements (as hereinafter defined)Parent Guarantees to be endorsed thereon, the “Notes”). The Notes shall be substantially in the form set out in Exhibit 1 hereof, with such changes therefrom, if any, as may be approved by you and the CompanySchedule 1. Certain capitalized and other terms used in this Agreement are defined in Schedule B heretoA; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, are to a Schedule or an Exhibit attached to this Agreement; and references Agreement unless otherwise specified. References to an “Article” or a “Section” are, are references to an Article or Section of this Agreement unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase and Guarantee Agreement (Allete Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 aggregate 50,000,000 aggre- gate principal amount of its 5.257% Series H Senior Notes due September 21February 1, 2014 2026 (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 hereof1, 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 heretoB; references to a ‘‘Schedule’’ or an ‘‘Exhibit’’ are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement

Authorization of Notes. The Company will authorize has authorized the issue and sale of $125,000,000 100,000,000 aggregate principal amount of its 5.257.687% Series H Senior Notes due September 2112, 2014 2010 (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 hereof1, 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 heretoB; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Sigma Aldrich Corp)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 75,000,000 aggregate principal amount of its 5.256.77% Series H Senior Notes due September 21June 1, 2014 2009 (the “Notes”"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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Smucker J M Co)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 75,000,000 aggregate principal amount of its 5.258.23% Series H Senior Notes due September 21October 19, 2014 2006 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Circor International Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 60,000,000 aggregate principal amount of its 5.256.54% Series H Senior Notes due September 21March 15, 2014 2010 (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 hereof1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Granite Construction Inc)

Authorization of Notes. The Company will authorize the issue and sale of Seventy-Five Million Dollars ($125,000,000 75,000,000) aggregate principal amount of its 5.256.50% Series H Senior Notes due September 21December 8, 2014 2008 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Wolverine World Wide Inc /De/)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 75,000,000 aggregate principal amount of its 5.253.66% Series H I Senior Notes due September 21May 17, 2014 2033 (as amended, amended and restated, supplemented or otherwise modified from time to time, 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)Agreement). The Notes shall be substantially in the form set out in Exhibit 1 hereof, with such changes therefrom, if any, as may be approved by you and the Company. A. Certain capitalized and other terms used in this Agreement are defined in Schedule B heretoB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (LTC Properties Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 75,000,000 aggregate principal amount of its 5.256.96% Series H Senior Notes due September 21May 1, 2014 2013 (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 hereof1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Granite Construction Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 40,000,000 aggregate principal amount of its 5.257.11% Series H Senior Notes due September 21April 1, 2014 2012 (the “Notes”"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 hereof1, 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 heretoB; references to a “Schedule” "SCHEDULE" or an “Exhibit” "EXHIBIT" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Hickory Tech Corp)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 aggregate principal amount of its 5.253.63% Series H Senior Notes due September June 21, 2014 2046 (the “Notes”, such ,” the term to Notes shall also include any such notes issued in substitution therefor for the Notes pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)Agreement). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references . References to a “Section” are, unless otherwise specified, are references to a Section of this AgreementAgreement unless otherwise specified.

Appears in 1 contract

Sources: Note Purchase Agreement (New Jersey Resources Corp)

Authorization of Notes. The Company will authorize the issue and sale of U.S. $125,000,000 400,000,000 aggregate principal amount of its 5.256.35% Series H Senior Notes due September 21July 26, 2014 2017 (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 hereof1, 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 heretoB; references to a “Section,” “Schedule” or an “Exhibit” are, unless otherwise specified, to a Section of, or a Schedule or an Exhibit attached to this Agreement; and references to a “Section” areto, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Pengrowth Energy Trust)

Authorization of Notes. The Company will authorize has authorized the issue and sale of $125,000,000 aggregate principal amount of its 5.254.22% Series H Senior Notes Notes, due September 21August 15, 2014 2028 (the “Notes”, such term to include any such notes Notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)Agreement). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, with such changes therefrom, if any, as may be approved by you such Purchasers of such Notes and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (El Paso Electric Co /Tx/)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 50,000,000 aggregate principal amount of its 5.255.62% Series H Senior Notes due September 21January 20, 2014 2004 (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 hereof1, 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 heretoB; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (New England Business Service Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 27,500,000 aggregate principal amount of its 5.253.78% Senior Notes, Series H Senior Notes 2020A, due September 2115, 2014 2040 (each, as amended, restated or otherwise modified from time to time pursuant to Section 17, are 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)13). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B heretoB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Unitil Corp)

Authorization of Notes. The Company will authorize the issue and sale of U.S. $125,000,000 175,000,000 aggregate principal amount of its 5.256.62% Series H Senior Notes due September 21June 19, 2014 (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 hereof1, 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 heretoB; references to a “Section,” “Schedule” or an “Exhibit” are, unless otherwise specified, to a Section of, or a Schedule or an Exhibit attached to this Agreement; and references to a “Section” areto, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Enerplus Resources Fund)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 50,000,000 aggregate principal amount of its 5.256.31% Series H Senior Guaranteed Notes due September 21July 30, 2014 2006 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Borders Group Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 25,000,000 aggregate principal amount of its 5.256.92% Series H Senior Notes due September 2130, 2014 2004 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement. .

Appears in 1 contract

Sources: Note Purchase Agreement (Pg Energy Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 75,000,000 aggregate principal amount of its 5.256.81% Series H Senior Notes due September 21March 31, 2014 2007 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Board of Trade of the City of Chicago Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 275,000,000 aggregate principal amount of its 5.25% Series H Class D Senior Notes due September 21(as they may from time to time be amended or supplemented, 2014 (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)SECTION 14). The Notes shall be substantially in the form set out in Exhibit 1 hereof, with such changes therefrom, if any, as may be approved by you and the Company1. Certain capitalized and other terms used in this Agreement are defined in Schedule B heretoB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; . The obligations of the Company under the Notes and references this Agreement will be guaranteed by the Trust pursuant to a “Section” are, unless otherwise specified, references to a Section of this AgreementSECTION 13.

Appears in 1 contract

Sources: Note Purchase Agreement (Dividend Capital Trust Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 20,000,000 aggregate principal amount of its 5.257.35% Senior Notes, Series H Senior Notes A, due September 21December 1, 2014 2013 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Diamond Foods Inc)

Authorization of Notes. The Company will authorize the issue and sale of U.S. $125,000,000 30,000,000 aggregate principal amount of its 5.256.64% Series H Senior Guaranteed Notes due September 2130, 2014 2008 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 11 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Woodhead Industries Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 17,000,000 aggregate principal amount of its 5.259.84% Series H Senior Subordinated Notes due September 21November 15, 2014 2008 (the “Notes”, "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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Nfo Worldwide Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 aggregate principal amount of its 5.254.01% Senior Notes, Series H Senior Notes 2018A, due September 21May 11, 2014 2048 (the “Notes”, such ,” the term to Notes shall also include any such notes issued in substitution therefor for the Notes pursuant to Section 13 of this Agreement or the Other Agreements (as hereinafter defined)Agreement). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references . References to a “Section” are, unless otherwise specified, are references to a Section of this AgreementAgreement unless otherwise specified.

Appears in 1 contract

Sources: Note Purchase Agreement (New Jersey Resources Corp)

Authorization of Notes. The Company will authorize the issue and sale of U.S. $125,000,000 54,000,000 aggregate principal amount of its 5.255.46% Series H Senior Notes due September 21October 1, 2014 2015 (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 hereof1, 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 heretoB; references to a “Section,” “Schedule” or an “Exhibit” are, unless otherwise specified, to a Section of, or a Schedule or an Exhibit attached to this Agreement; and references to a “Section” areto, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Enerplus Resources Fund)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 aggregate principal amount of its 5.257.31% Series H Senior Notes due September 21April 30, 2014 2004 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Handy & Harman)

Authorization of Notes. The Company will authorize the issue and sale of up to $125,000,000 7,000,000 aggregate principal amount of its 5.256% Series H Senior Notes due September 21April 1, 2014 2012 (the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 11 of this Agreement or the Other Agreements (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, 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 heretoB; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Bank of the James Financial Group Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 9,000,000 aggregate principal amount of its 5.25% Series H Floating Rate Senior Secured Notes due September 21December 28, 2014 2001 (the “Notes”"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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Rowecom Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 40,000,000 aggregate principal amount of its 5.256.44% Series H Senior Notes due September 21July 15, 2014 2005 (the "Notes”, ," such term to include any such notes issued in substitution therefor pursuant to Section 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 hereofEXHIBIT 1, 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 heretoSCHEDULE B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (McGrath Rentcorp)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 35,000,000 aggregate principal amount of its 5.257.12% Series H Senior Notes due September 21November 1, 2014 2010 (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 hereof1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Homeservices Com Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 150,000,000 aggregate principal amount of its 5.257.12% Series H Senior Secured Notes due September 21August __, 2014 2005 (the “Notes”"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 hereof1, 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 heretoB; references to a “Schedule” "SCHEDULE" or an “Exhibit” "EXHIBIT" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: First Amendment and Consent (United Asset Management Corp)

Authorization of Notes. The Company will authorize has authorized the issue and sale of $125,000,000 70,000,000 aggregate principal amount of its 5.259.49% Series H Senior Notes due September 21April 1, 2014 2006 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Healthcare Realty Trust Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 60,000,000.00 aggregate principal amount of its 5.256.93% Series H Senior Notes due September 21June 9, 2014 2008 (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 hereof1, 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 heretoB; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Aecom Technology Corp)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 25,000,000 aggregate principal amount of its 5.256.55% Series H Senior Notes due September 21April 15, 2014 2013 (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 hereof1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Oil Dri Corporation of America)

Authorization of Notes. The Company will authorize has authorized the issue and sale of $125,000,000 40,000,000 aggregate principal amount of its 5.257.71% Series H Senior Notes due September 21March 31, 2014 2007 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Franklin Electronic Publishers Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 30,000,000 aggregate principal amount of its 5.258.12% Series H Senior Notes due September 2116, 2014 2009 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Village Super Market Inc)

Authorization of Notes. The Company will authorize the issue and sale of Seventy-Five Million Dollars ($125,000,000 75,000,000) aggregate principal amount of its 5.256.50% Series H Senior Notes due September 21December 8, 2014 2008 (the “Notes”"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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Wolverine World Wide Inc /De/)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 35,000,000 aggregate principal amount of its 5.257.95% Series H Senior Notes due September 21December 31, 2014 2003 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Advest Group Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 8,000,000 aggregate principal amount of its 5.259.84% Series H Senior Subordinated Notes due September 21November 15, 2014 2008 (the "Notes”, ," such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement or the Other Agreements Agreement (as hereinafter defined)). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Nfo Worldwide Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 90,000,000 aggregate principal amount of its 5.255.77% Series H Senior Notes due September 21March 27, 2014 2013 (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 hereof1.1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Penn Virginia Resource Partners L P)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 75,000,000 aggregate principal amount of its 5.256.39% Series H Senior Notes due September 21October 15, 2014 2011 (the “Notes”"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)Agreement). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a "Section", "Schedule" or an "Exhibit" are, unless otherwise specified, to a Section of, or Schedule or an Exhibit attached to this Agreement; and references to a “Section” areto, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Woodward Governor Co)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 300,000,000 aggregate principal amount of its 5.254.66% Series H Senior Guaranteed Notes due September 21March 5, 2014 2011 (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)Agreement). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Tecumseh Products Co)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 150,000,000 aggregate principal amount of its 5.255.83% Series H Senior Notes due September 21May 9, 2014 2007 (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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Nasdaq Stock Market Inc)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 50,000,000 aggregate principal amount of its 5.257.92% Series H Senior Notes due September 211, 2014 2006 (the “Notes”"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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Agreement (Ameron International Corp)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 250,000,000 aggregate principal amount of its 5.256.25% Series H Senior Notes due September 21April 11, 2014 2016 (the “Notes”"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 hereof1, 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 heretoB; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Tampa Electric Co)

Authorization of Notes. The Company will authorize the issue and sale of $125,000,000 100,000,000 aggregate principal amount of its 5.254.65% Series H Senior Notes due September 21July 25, 2014 2013 (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)Agreement). The Notes shall be substantially in the form set out in Exhibit 1 hereof1, 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 heretoB; references to "Sections" are, unless otherwise specified, to Sections of this Agreement; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Ryans Family Steakhouses Inc)