Creation of Series Sample Clauses
Creation of Series. There is hereby established a new series of Notes under the Base Indenture entitled “3.734% Notes due 2040” (the “2040 Notes”). The form of the 2040 Notes, including the form of the certificate of authentication, is attached hereto as Exhibit A. The Company shall issue the 2040 Notes in an aggregate principal amount of $750,000,000. The Company may from time to time, without the consent of the Holders of the 2040 Notes, “reopen” the series of 2040 Notes and create and issue additional Notes having substantially identical terms and conditions as the 2040 Notes (or in all respects except as to issue price, denomination, rate of interest, maturity date and the date from which interest, if any, shall accrue, and except as may otherwise be provided in or pursuant to such Officer’s Certificate or supplemental indenture relating thereto) so that the additional Notes are consolidated and form a single series with the outstanding 2040 Notes. The 2040 Notes initially shall be represented by one or more 2040 Notes of the same series in registered, global form without interest coupons. The global notes representing the 2040 Notes (collectively, the “2040 Global Notes”) initially shall be (i) registered in the name of the Depository Trust Company (the “Depositary”) or the nominee of such Depositary, in each case for credit to an account of a member of, or direct or indirect participant in, the Depositary; and (ii) delivered to Citibank, N.A. as custodian for such Depositary.
(a) The maturity date of the principal of the 2040 Notes shall be September 25, 2040 (the “Maturity Date”).
(b) The outstanding principal amount of the 2040 Notes shall accrue interest at a rate equal to 3.734% per annum, as provided in Section 2.03.
(c) Unless supplemented or superseded in this Supplemental Indenture, the terms of the 2040 Notes, including any Events of Default and covenants of the Company and the Guarantors are consistent with the Base Indenture and set forth therein.
Creation of Series. The parties hereto may from time to time enter into Series Trust Agreements, containing such terms as the parties deem appropriate and as are acceptable to the Series Trustee, and thereby create Series and sell, transfer, assign and otherwise convey Securities to the Trust or cause another Person to sell, transfer, assign and otherwise convey Securities to the Trust to be assigned to such Series. The Series Trustee for each new Series will be set forth in the Series Trust Agreement.
Creation of Series. There is hereby created a series of Securities designated “First Mortgage Bonds, Collateral Series 2010,” and the Securities of such series shall:
Creation of Series. 2022-A Subaccount in the Senior Bond Principal Account of the Senior Debt Service Fund. A separate Subaccount to be held by the Trustee is hereby created within the Senior Bond Principal Account of the Senior Debt Service Fund to be designated as the “Series 2022-A Subaccount of the Senior Bond Principal Account.” Amounts in the Series 2022-A Subaccount of the Senior Bond Principal Account will be disbursed to pay principal of the Series 2022-A Bonds at maturity pursuant to the Agreement and this Thirty-Third Supplemental Agreement. The Trustee shall deposit into the Series 2022-A Subaccount of the Senior Bond Principal Account (a) amounts with respect to principal of the Series 2022-A Bonds received from the Authority, as provided in the Agreement, and (b) any other amounts deposited with the Trustee for deposit in the Series 2022-A Subaccount of the Senior Bond Principal Account or transferred from other funds and accounts for deposit therein. Earnings on all amounts in the Series 2022-A Subaccount of the Senior Bond Principal Account shall be retained in such Subaccount. The Trustee shall establish separate sub-accounts in the Series 2022-A Subaccount of the Senior Bond Principal Account for each source of deposit (including any investment income thereon) made into the Series 2022-A Subaccount of the Senior Bond Principal Account so that the Trustee may at all times ascertain the date of deposit, the amounts, and the source of the funds in each sub-account.
Creation of Series. The Board of Directors will have authority by resolution to cause to be created one or more series of Preferred Stock, and to determine and fix with respect to each series prior to the issuance of any shares of the series to which such resolution relates:
(i) The distinctive designation of the series and the number of shares which will constitute the series, which number may be increased or decreased (but not below the number of shares then outstanding) from time to time by action of the Board of Directors;
(ii) The dividend rate and the times of payment of dividends on the shares of the series, whether dividends will be cumulative, and if so, from what date or dates;
(iii) The price or prices at which, and the terms and conditions on which, the shares of the series may be redeemed at the option of the Corporation;
(iv) Whether or not the shares of the series will be entitled to the benefit of a retirement or sinking fund to be applied to the purchase or redemption of such shares and, if so entitled, the amount of such fund and the terms and provisions relative to the operation thereof;
(v) Whether or not the shares of the series will be convertible into, or exchangeable for, any other shares of stock of the Corporation or other securities, and if so convertible or exchangeable, the conversion price or prices, or the rates of exchange, and any adjustments thereof, at which such conversion or exchange may be made, and any other terms and conditions of such conversion or exchange;
(vi) The rights of the shares of the series in the event of voluntary or involuntary liquidation, dissolution or winding up of the Corporation;
(vii) Whether or not the shares of the series will have priority over or be on a parity with or be junior to the shares of any other series or class in any respect or will be entitled to the benefit of limitations restricting the issuance of shares of any other series or class having priority over or being on a parity with the shares of such series in any respect, or restricting the payment of dividends on or the making of other distributions in respect of shares of any other series or class ranking junior to the shares of the series as to dividends or assets, or restricting the purchase or redemption of the shares of any such junior series or class, and the terms of any such restriction;
(viii) Whether the series will have voting rights, in addition to any voting rights provided by law, and, if so, the terms of such voting rights; and
(ix)...
Creation of Series. Section 2.1 Creation of the Series 20[ ]-[ ]; Allocation of 20[ ]-[ ] Series Assets. Pursuant to Section 2.4(b) of the Trust Agreement, the Beneficial Owner hereby directs the Trustee to identify and allocate or cause to be identified and allocated on the books and records of the Trust a new Series to be known as “MPLI Capital Holdings Series 20[__]-[_]” (“MPLI Capital Holdings Series 20[ ]-[ ]”), the Series Assets of which (the “MPLI Capital Holdings 20[__]-[_] Series Assets”) shall initially be [$1]. From time to time, the Beneficial Owner may (but shall have no obligation to) direct the Trustee in writing to identify and allocate or cause to be identified and allocated on the books and records of the Trust specific Investment Assets or additional property, assets and rights to MPLI Capital Holdings Series 20[ ]-[_] and the MPLI Capital Holdings 20[ ]-[_] Series Assets. Each of the foregoing MPLI Capital Holdings 20[ ]-[_] Series Asset shall be identified on the books and accounts of the Trust as belonging exclusively to MPLI Capital Holdings Series 20[ ]-[_] of the Trust.
Creation of Series. 2019-A Bond Principal Subaccount in Bond Principal Account of the Debt Service Fund. There is hereby created within the Bond Principal Account of the Debt Service Fund a separate subaccount to be designated as the Series 2019-A Bond Principal Subaccount of the Bond Principal Account (the “Series 2019-A Bond Principal Subaccount”). Amounts in the Series 2019-A Bond Principal Subaccount will be disbursed to pay the principal of the Series 2019-A Bonds pursuant to the Agreement and this Fortieth Supplemental Agreement.
Creation of Series. The Partnership shall consist of one or more separate and distinct Series as contemplated by Section 17-218 of the Act. The General Partner hereby establishes and designates the following Series: “Superfund Green, L.P. Series A” (“Series A”) and “Superfund Green, L.P. Series B” (“Series B”) (each, a “Series”). Any additional Series created hereunder shall be established by the adoption of a resolution by the General Partner and shall be effective upon the date stated therein (or, if no such date is stated, upon the date of such adoption). The Units of each Series shall have the relative rights and preferences provided for herein and such rights as may be designated by the General Partner. The General Partner shall cause separate and distinct records for each Series to be maintained and the Partnership shall hold and account for the assets belonging thereto separately from the other Partnership property and the assets belonging to any other Series. Each Unit of a Series shall represent an equal beneficial interest in the net assets belonging to that Series. Unless the establishing resolution or any other resolution adopted pursuant to this Section 2(b) otherwise provides, Units of each Series established hereunder shall have the following relative rights and preferences:
(i) Limited Partners of a Series shall have no preemptive or other right to subscribe to any additional Units in such Series or other securities issued by the Partnership.
(ii) All consideration received by the Partnership for the issue or sale of the Units within a Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived form the sale, exchange, or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held and accounted for separately from the other assets of the Partnership and of every other Series and may be referred to herein as “assets belonging to” that Series or the “Series Estate”. The assets belonging to a particular Series shall belong to that Series for all purposes, and to no other Series, subject only to the rights of creditors of that Series. In addition, any assets, income, earnings, profits, or payments and proceeds with respect thereto, which are not readily identifiable as belonging to any particular Series shall be allocated by the General Partner between and among one ...
Creation of Series. In accordance with Section 301 of the Base Indenture, there is hereby created a series of Securities under the Base Indenture entitled "Contingent Zero-Coupon Accreting Redeemable Securities (Convertible Senior Notes) Due 2021".
(1) The form of the CZARS, including the form of the certificate of authentication, is attached hereto as Exhibit A.
(2) Subject to Section 301 of the Base Indenture and applicable law, the aggregate Principal Amount at Final Maturity of the CZARS which may be authenticated and delivered under this Supplemental Indenture is limited to $1,483,179,000 (subject to increase without any further action by up to $222,476,000 if, and to the extent, the overallotment granted under the Purchase Agreement between the Company and Salomon Smith Barney Inc. and U.S. Bancorp Piper Jaffray Inc. dated ▇▇ ▇▇ ▇▇▇▇ ▇▇, ▇▇▇▇ is exercised).
(3) ▇▇▇ ▇▇▇▇▇▇▇te Principal Amount at Final Maturity of the CZARS shall be payable on the Final Maturity Date unless earlier repaid or converted in accordance with this Supplemental Indenture, provided, however, that if the CZARS are converted to Cash Pay CZARS as provided in Section 2.09, the amount due on the Final Maturity Date shall be the Restated Principal Amount thereof. If any of the conditions allowing conversion of CZARS by their Holder set forth in Section 10 of the CZARS are met on the Final Maturity Date and the Sale Price of the CZARS on the preceding Trading Day is greater than the Accreted Value, the Company may make payment of the Principal Amount at Final Maturity or Restated Principal Amount, as the case may be, and any accrued and unpaid interest, on the next succeeding Business Day.
(4) The CZARS shall be issued at an Issue Price of $741.65 per $1,000 Principal Amount at Final Maturity. Except as provided for in Sections 2.09 and 2.11 and paragraph 1 of the CZARS, there shall be no periodic payments of interest on the CZARS. The calculation of the accrual of Original Issue Discount in the period during which each CZARS remains outstanding shall be on a semiannual bond equivalent basis using a 360-day year composed of twelve 30-day months, and such accrual shall commence on the Issue Date of the CZARS. In the event of the maturity, conversion, conversion to Cash Pay CZARS, purchase by the Company at the option of a Holder or redemption of a CZARS, Original Issue Discount, if any, shall cease to accrue on such CZARS, under the terms and subject to the conditions of this Supplemental Indenture.
(5) ...
Creation of Series. Pursuant to Section 3.02 of the Trust Agreement, a separate Series of the Trust which shall be known as “[ ]” is hereby created, which Series constitutes a separate series of the Trust within the meaning of Section 3806(b)(2) of the Statutory Trust Act. Pursuant to Section 3.02 of the Trust Agreement, a portfolio of assets consisting of the assets designated on Schedule I to this Series Supplement, as such Schedule may be modified, amended or supplemented from time to time (the “Series [ ] Assets”) are hereby allocated to Series [ ]and the Administrator shall instruct each Servicer to identify and allocate such Series Assets serviced by such Servicer on the books and records of such Servicer to Series [ ]; provided, however, that no Loan secured by real property or interests in real property shall be allocated as a Series [ ] Asset. The Series [ ] Assets shall be accounted for separately and independently from the assets of the Trust generally and from the assets of any other Series of the Trust.