Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 aggregate principal amount of its 6.28% Senior Notes, Series A, due June 26, 2015 (the “Series A Notes”) and (b) $145,000,000 aggregate principal amount of its 6.72% Senior Notes, Series B, due June 26, 2018 (the “Series B Notes”; the Series A Notes and the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13). The Notes shall be substantially in the form set out in Exhibit 1 or Exhibit 2, as the case may be. 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.
Appears in 3 contracts
Sources: Note Purchase Agreement (Alliance Holdings GP, L.P.), Note Purchase Agreement (Alliance Resource Partners Lp), Note Purchase Agreement (Alliance Resource Partners Lp)
Authorization of Notes. The Company will authorize the issue and sale of (ai) $205,000,000 60,000,000 aggregate principal amount of its 6.284.70% Senior Notes, Series A, due June 26December 1, 2015 2023 (the “Series A Notes”) and (bii) $145,000,000 40,000,000 aggregate principal amount of its 6.724.93% Senior Notes, Series B, due June 26December 1, 2018 2025 (the “Series B Notes”; ” and, together with the Series A Notes Notes, as amended, restated or otherwise modified from time to time pursuant to Section 17 and the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include 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 Exhibit 1 or Exhibit 2, as Schedule 1(a) and the case may beSeries 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 B; and references A. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.
Appears in 3 contracts
Sources: Note Purchase Agreement (Pebblebrook Hotel Trust), Note Purchase Agreement (Pebblebrook Hotel Trust), Note Purchase Agreement (Pebblebrook Hotel Trust)
Authorization of Notes. The Company will authorize the issue and sale of (ai) $205,000,000 400,000,000 aggregate principal amount of its 6.283.86% Senior Notes, Series A, due June 26December 3, 2015 2025 (the “Series A Notes”) and (bii) $145,000,000 100,000,000 aggregate principal amount of its 6.723.86% Senior Notes, Series B, due June 26January 14, 2018 2026 (the “Series B Notes”; ” and together with the Series A Notes Notes, as each may be amended, restated or otherwise modified from time to time pursuant to Section 17 and the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include including any such notes issued in substitution therefor pursuant to Section 13, the “Notes”). The Notes shall be substantially in the form forms set out in Exhibit 1 or Exhibit 2Schedule 1(a) and Schedule 1(b), as the case may berespectively. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references A. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.
Appears in 2 contracts
Sources: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 50,000,000 aggregate principal amount of its 6.286.50% Senior Guaranteed Notes, Series A, due June 26August 7, 2015 (the “Series A Notes”) and (b) $145,000,000 50,000,000 aggregate principal amount of its 6.727.10% Senior Guaranteed Notes, Series B, due June 26August 7, 2018 2023 (the “Series B Notes”; the Series A Notes and the Series B Notes being are hereinafter collectively referred to as the “Notes”, ,” such term to include any such notes issued in substitution therefor pursuant to Section 13). The Notes shall be substantially in the form set out in Exhibit 1 or 1-A and Exhibit 21-B, as the case may berespectively. 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.
Appears in 1 contract
Sources: Note Purchase and Guaranty Agreement (Tucson Electric Power Co)
Authorization of Notes. The Company will authorize the issue and sale of (ai) $205,000,000 28,750,000 aggregate principal amount of its 6.284.38% Senior Secured Notes, Series A, due June 2615, 2015 2028 (the “Series A Notes”) and (bii) $145,000,000 86,250,000 aggregate principal amount of its 6.724.58% Senior Secured Notes, Series B, due June 2615, 2018 2036 (the “Series B Notes”; ” and, together with the Series A Notes Notes, as amended, restated or otherwise modified from time to time pursuant to Section 17 and the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include 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 Exhibit 1 or Exhibit 2, as Schedule 1(a) and the case may beSeries 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 B; and references A. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.
Appears in 1 contract
Sources: Note Purchase Agreement (Global Water Resources, Inc.)
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 U.S.$150,000,000 aggregate principal amount of its 6.287.91% Senior Notes, Series 2001-A, due June 26July 15, 2015 2011 (the “"Series A 2001 Notes”) and (b) $145,000,000 aggregate principal amount "). The Series 2001 Notes together with each Series of its 6.72% Senior Notes, Series B, due June 26, 2018 (Additional Notes which may from time to time to be issued pursuant to the “Series B Notes”; the Series A Notes and the Series B Notes being hereinafter provisions of Section 2.3 are herein collectively referred to as the “"Notes”, " (such term to include any such notes issued in substitution therefor pursuant to Section 1313 of this Agreement). The Series 2001 Notes shall be substantially in the form set out in Exhibit 1 or Exhibit 2with such changes therefrom, if any, as may be approved by each Purchaser and the case may beCompany. 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.
Appears in 1 contract
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 325,000,000 aggregate principal amount of its 6.283.92% Guaranteed Senior Notes, Series A, due June 26May 21, 2015 2025 (the “Series A Notes”) and (b) $145,000,000 275,000,000 aggregate principal amount of its 6.724.02% Guaranteed Senior Notes, Series B, due June 26May 21, 2018 2027 (the “Series B Notes”; ” and together with the Series A Notes Notes, each as amended, restated or otherwise modified from time to time pursuant to Section 17 and the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include 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 or Exhibit 2Schedule 1-A and Schedule 1-B, as the case may berespectively. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references A. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.
Appears in 1 contract
Sources: Note Purchase Agreement (Macquarie Infrastructure Corp)
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 200,000,000 aggregate principal amount of its 6.28% Guaranteed Senior Notes, of which $150,000,000 aggregate principal amount shall be its 3.98% Series AD Guaranteed Senior Notes due July 6, due June 26, 2015 2026 (the “Series A D Notes”) ), and (b) $145,000,000 50,000,000 aggregate principal amount of shall be its 6.723.66% Series E Guaranteed Senior NotesNotes due September 15, Series B, due June 26, 2018 2023 (the “Series B E Notes”; the Series A D Notes and the Series B Notes being hereinafter collectively referred E Notes, as amended, restated or otherwise modified from time to as the “Notes”, such term time pursuant to include 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 respective forms set out in Exhibit 1 or Exhibit 2, as the case may beSchedule 1(a) and 1(b). Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references A. References to a “Schedule” or an “Exhibit” are, unless otherwise specified, are references to a Schedule or an Exhibit attached to this AgreementAgreement unless otherwise specified. References to a “Section” are references to a Section of this Agreement unless otherwise specified.
Appears in 1 contract
Sources: Note Purchase Agreement (Hudson Pacific Properties, L.P.)
Authorization of Notes. The Company will authorize the issue and sale of (ai) $205,000,000 63,000,000 aggregate principal amount of its 6.284.02% Senior Notes, Series A, due June 26January 22, 2015 2021 (the “Series A Notes”) and (bii) $145,000,000 87,000,000 aggregate principal amount of its 6.724.45% Senior Notes, Series B, due June 26January 22, 2018 2023 (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 the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include including any such notes issued in substitution therefor pursuant to Section 13, the “Notes”). The Series A Notes and the Series B Notes shall be substantially in the form forms set out in Exhibit 1 or Exhibit 2Exhibits 1-A and 1-B, as the case may berespectively. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references A. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.
Appears in 1 contract
Sources: Note Purchase Agreement (Associated Estates Realty Corp)
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 174,150,000 aggregate principal amount of its 6.28senior notes, of which, on the First Funding Date, $87,075,000 aggregate principal shall be its 4.91% Series A Senior Notes, Series A, Secured Notes due June 26, 2015 2023 (the “Series A Notes”) and, on the Second Funding Date (and (b) contemporaneous with the cancellation of the Series A Notes), $145,000,000 174,150,000 aggregate principal amount of shall be its 6.724.96% Series B Senior Notes, Series B, Secured Notes due June 26, 2018 2023 (the “Series B Notes”; ” and, together with the Series A Notes Notes, as amended, restated or otherwise modified from time to time pursuant to Section 18 and the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include including any such notes issued in substitution therefor pursuant to Section 1314, the “Notes”). The Series A Notes and the Series B Notes shall be substantially in the form respective forms set out in Exhibit 1 or 1-A and Exhibit 2, as the case may be. 1-B. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references B. References to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. References to a “Section” are references to a Section to this Agreement unless otherwise specified.
Appears in 1 contract
Sources: Note Purchase Agreement (Teekay Offshore Partners L.P.)
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 250,000,000 aggregate principal amount of its 6.283.69% Senior Unsecured Notes, Series A, due June 26November 21, 2015 2018 (the “Series A Notes”) and (b) $145,000,000 250,000,000 aggregate principal amount of its 6.724.32% Senior Unsecured Notes, Series B, due June 26November 21, 2018 2023 (the “Series B Notes”; ) (the Series A Notes and the Series B Notes being hereinafter are collectively referred to as the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13). The Series A Notes and the Series B Notes shall be substantially in the form set out in Exhibit 1 or 1(a) and Exhibit 21(b), as the case may berespectively. 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.
Appears in 1 contract
Sources: Note Purchase Agreement (Ecolab Inc)
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 65,000,000 aggregate principal amount of its 6.285.29% Senior Notes, Series 2003-A, due June 26April 24, 2015 2013 (the “"Series 2003-A Notes”) and (b) $145,000,000 aggregate principal amount of its 6.72% Senior Notes, "). The Series B, due June 26, 2018 (the “Series B Notes”; the Series 2003-A Notes and together with each Series of Additional Notes which may from time to time be issued pursuant to the Series B Notes being hereinafter provisions of Section 2.2 are collectively referred to as the “"Notes”, " (such term to shall also include any such notes issued in substitution therefor pursuant to Section 1313 of this Agreement). The Series 2003-A Notes shall be substantially in the form set out in Exhibit 1 or Exhibit 21, with such changes therefrom, if any, as may be approved by the case may bePurchasers 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.
Appears in 1 contract
Sources: Note Purchase Agreement (Insituform Technologies Inc)
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 75,000,000.00 aggregate principal amount of its 6.28% Senior Notes, Series A, due June 26, 2015 (the “Series A Notes”) and (b) $145,000,000 aggregate principal amount of its 6.72% Senior Notes, Series B, due June 26, 2018 (the “Series B Notes”; the Series A Notes at 4.40% due November 12, 2020 (as amended, restated or otherwise modified from time to time pursuant to Section 17 and the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include including any such notes issued in substitution therefor pursuant to Section 13, “Series A Notes”) and $25,000,000.00 aggregate principal amount of its Senior Series B Notes at 5.19% due November 12, 2023 (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, “Series B Notes”). The Series A Notes and the Series B Notes shall be collectively referred to as the “Notes”. The Series A Notes shall be substantially in the form set out in Exhibit 1 or Exhibit 2, as Schedule 1A. The Series B Notes shall be substantially in the case may be. form set out in Schedule 1B. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references B. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.
Appears in 1 contract
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 40,000,000 aggregate principal amount of its 6.284.89% Senior Notes, Series A, due June April 26, 2015 2014 (the “"Series A Notes”) and (b) $145,000,000 aggregate principal amount of its 6.72% Senior Notes, Series B, due June 26, 2018 (the “Series B Notes”; the "). The Series A Notes and together with each series of Additional Notes which may from time to time be issued pursuant to the Series B Notes being hereinafter provisions of Section 2.2 are collectively referred to as the “"Notes”, " (such term to shall also include any such notes issued in substitution therefor pursuant to Section 1314 of this Agreement or the Other Agreements (as hereinafter defined). The Series A Notes shall be substantially in the form set out in Exhibit 1 or Exhibit 21, with such changes therefrom, if any, as may be approved by you and the case may beCompany. 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.
Appears in 1 contract
Sources: Note Purchase Agreement (Nn Inc)
Authorization of Notes. The Company will authorize the issue and sale of (a) $205,000,000 50,000,000 aggregate principal amount of its 6.284.23% Senior Guaranteed Notes, Series AA due September 1, due June 26, 2015 2022 (the “Series A Notes”) and (b) $145,000,000 50,000,000 aggregate principal amount of its 6.724.65% Senior Guaranteed Notes, Series BB due October 13, due June 26, 2018 2027 (the “Series B Notes”; ” and together with the Series A Notes and the Series B Notes being hereinafter collectively referred to as the “Notes”, such term to include any such 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 and the Series B Notes shall be substantially in the form set out in Exhibit 1 or Exhibit 2Schedule 1-A and Schedule 1-B, as the case may berespectively. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references A. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.
Appears in 1 contract
Authorization of Notes. The Company will authorize has authorized the issue and sale of (a) $205,000,000 100,000,000 aggregate principal amount of its 6.28Senior Notes consisting of (i) $50,000,000 aggregate principal amount of its 5.72% Senior Notes, Series A, due June 26September 30, 2015 2019 (the “Series A Notes”) and (bii) $145,000,000 50,000,000 aggregate principal amount of its 6.725.72% Senior Notes, Series B, due June 26March 30, 2018 2020 (the “Series B Notes”; ” and, together with the Series A Notes and the Series B Notes being hereinafter collectively referred to as Notes, the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 1313 of this Agreement). The Notes shall will be substantially in the form set out in Exhibit 1 or Exhibit 2Exhibits 1(a) and 1(b), with such changes therefrom, if any, as may be approved by you and the case may beCompany. 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.
Appears in 1 contract
Sources: Note Purchase Agreement (Caseys General Stores Inc)
Authorization of Notes. The Company will authorize the issue and sale of (ai) $205,000,000 150,000,000 aggregate principal amount of its 6.282.72% Senior Notes, Series A, due June 26February 27, 2015 2020 (the “Series A Notes”) ), and (bii) $145,000,000 350,000,000 aggregate principal amount of its 6.723.29% Senior Notes, Series B, due June 26February 27, 2018 2023 (the “Series B Notes”; the ). The Series A Notes and the Series B Notes being hereinafter are collectively referred to herein as the “Notes”, ,” such term to include any amendments, restatements or other modifications from time to time pursuant to Section 17 and including any such notes issued in substitution therefor pursuant to Section 13). The Series A Notes and the Series B Notes shall be substantially in the form set out in Exhibit 1 or Exhibit 2Schedule 1(a) and Schedule 1(b), as the case may berespectively. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references B. References to a “Schedule” or an “Exhibit” are, are references to a Schedule attached to this Agreement unless otherwise specified, . References to a Schedule or an Exhibit attached “Section” are references to a Section of this AgreementAgreement unless otherwise specified.
Appears in 1 contract
Sources: Note Purchase Agreement (Kirby Corp)