Common use of Designation Amount and Issue of Debentures Clause in Contracts

Designation Amount and Issue of Debentures. The Debentures shall be designated as “4.125% Exchangeable Senior Debentures due 2026.” Upon the execution of this Indenture, and from time to time thereafter, Debentures may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Debentures upon a written order of the Issuer, such order signed by two Officers or by an Officer and either an Assistant Treasurer of the General Partner or any Assistant Secretary of the General Partner, without any further action by the Issuer hereunder. The aggregate principal amount of Debentures which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(b) of the Purchase Agreement), the aggregate principal amount of Debentures outstanding shall not exceed $172,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time in the future with the same terms and the same CUSIP number as the Debentures originally issued under this Indenture (the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be part of the same issue as and fungible with the Initial Debentures for United States federal income tax purposes. The Initial Debentures and any such Additional Debentures will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Debentures to vote or take any action, the Holders of Initial Debentures and the Holders of any such Additional Debentures will vote or take that action as a single class.

Designation Amount and Issue of Debentures. The Debentures shall be designated as “4.125"___% Exchangeable Convertible Senior Subordinated Debentures due 2026.” Upon Due 20__". Initial Debentures in an aggregate principal amount of $____________ upon the execution of this Indenture, and from time to time thereafter, Debentures may Indenture shall be executed by the Issuer Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Initial Debentures to or upon a the written order of the IssuerCompany, such order signed by two Officers or by an Officer and either an Assistant Treasurer its Chairman of the General Partner Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President"), the Treasurer or any Assistant Treasurer or the Secretary of the General Partneror Assistant Secretary, without any further action by the Issuer Company hereunder. The Company may, during the 30-day period after the execution of this Indenture, execute and deliver to the Trustee for authentication Additional Debentures in an aggregate principal amount not to exceed $___________, and the Trustee shall thereupon authenticate and deliver said Additional Debentures to or upon the written order of Debentures which may be authenticated and delivered under this Indenture is unlimitedthe Company, without any further action by the Company hereunder; provided however that upon initial issuance the Company may issue Additional Debentures only if: (including any issuance upon exercise 1) such Additional Debentures and Initial Debentures are treated as part of the Initial Purchasers’ option set forth in Section 2(bsame issue of debt instruments for purposes of U.S. federal income tax laws; (2) of the Purchase Agreement), the aggregate principal amount of such Additional Debentures outstanding shall not exceed $172,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time in the future with the same terms and have the same CUSIP number as the Initial Debentures; and (3) the Trustee receives an Officers' Certificate and an Opinion of Counsel to the effect that such issuance of Additional Debentures complies with the provisions of this Indenture, including each provision of this paragraph. All provisions of this Indenture shall be construed and interpreted to permit the issuance of such Additional Debentures and to allow such Additional Debentures to become fungible and interchangeable with the Initial Debentures originally issued under this Indenture (the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be part of the same issue as and fungible with the Initial Debentures for United States federal income tax purposes. The Initial Debentures and any such Additional Debentures will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Debentures to vote or take any action, the Holders of Initial Debentures and the Holders of any such Additional Debentures will vote or take that action as a single classIndenture.

Designation Amount and Issue of Debentures. The Debentures shall be designated as “4.125"3.50% Exchangeable Convertible Senior Subordinated Debentures due 2026.” Upon Due 2024". Initial Debentures in an aggregate principal amount of $100,000,000 upon the execution of this Indenture, and from time to time thereafter, Debentures may Indenture shall be executed by the Issuer Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Initial Debentures to or upon a the written order of the IssuerCompany, such order signed by two Officers or by an Officer and either an Assistant Treasurer its Chairman of the General Partner Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President"), the Treasurer or any Assistant Treasurer or the Secretary of the General Partneror Assistant Secretary, without any further action by the Issuer Company hereunder. The Company may, during the 30-day period after the execution of this Indenture, execute and deliver to the Trustee for authentication Additional Debentures in an aggregate principal amount not to exceed $25,000,000, and the Trustee shall thereupon authenticate and deliver said Additional Debentures to or upon the written order of Debentures which may be authenticated and delivered under this Indenture is unlimitedthe Company, without any further action by the Company hereunder; provided however that upon initial issuance the Company may issue Additional Debentures only if: (including any issuance upon exercise 1) such Additional Debentures and Initial Debentures are treated as part of the Initial Purchasers’ option set forth in Section 2(bsame issue of debt instruments for purposes of U.S. federal income tax laws; (2) of the Purchase Agreement), the aggregate principal amount of such Additional Debentures outstanding shall not exceed $172,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time in the future with the same terms and have the same CUSIP number as the Initial Debentures; and (3) the Trustee receives an Officers' Certificate and an Opinion of Counsel to the effect that such issuance of Additional Debentures complies with the provisions of this Indenture, including each provision of this paragraph. All provisions of this Indenture shall be construed and interpreted to permit the issuance of such Additional Debentures and to allow such Additional Debentures to become fungible and interchangeable with the Initial Debentures originally issued under this Indenture (the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be part of the same issue as and fungible with the Initial Debentures for United States federal income tax purposes. The Initial Debentures and any such Additional Debentures will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Debentures to vote or take any action, the Holders of Initial Debentures and the Holders of any such Additional Debentures will vote or take that action as a single classIndenture.

Designation Amount and Issue of Debentures. Add On Debentures. The Debentures shall be designated as “4.1256.25% Exchangeable Senior Convertible Subordinated Debentures due 2026.,” Upon not to exceed the aggregate principal amount of $32,272,000 (except pursuant to this Section 2.01, Section 2.05, Section 2.06, Section 3.03, Section 3.05, Section 3.06 and Section 15.02 hereof or as otherwise expressly permitted herein) upon the execution of this Indenture, and from time to time thereafter, Debentures may be executed Indenture by the Issuer Company and delivered delivery to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Debentures to or upon a the written order of the IssuerCompany, such order signed by two Officers or by an Officer and either an Assistant Treasurer (a) its Chairman of the General Partner Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary of the General Partneror any Assistant Secretary, without any further action by the Issuer Company hereunder. The From time to time thereafter, Add On Debentures may be issued in an unlimited aggregate principal amount of Debentures which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(b) of the Purchase Agreement), the aggregate principal amount of Debentures outstanding shall not exceed $172,500,000, except as provided in Section 2.06. The Issuer may, without the consent of any Holders upon execution by the Holders Company and delivery to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Add On Debentures to or upon the written order of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time Company executed in the future with same manner as described in the same terms and the same CUSIP number as immediately preceding sentence. If any Add On Debentures are issued, the Debentures originally issued on the Issue Date and such Add On Debentures shall be treated as a single class for all purposes under this Indenture (and shall vote together as one class on all matters with respect to the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be part of the same issue as and fungible with the Initial Debentures for United States federal income tax purposes. The Initial Debentures and any such Additional Debentures will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Debentures to vote or take any action, the Holders of Initial Debentures and the Holders of any such Additional Debentures will vote or take that action as a single class.

Designation Amount and Issue of Debentures. The Debentures shall be designated as “4.1255.50% Exchangeable Senior Debentures due 20262029.” Upon the execution of this Indenture, and from time to time thereafter, Debentures may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Debentures upon a written order of the Issuer, such order signed by two Officers or by an Officer and either an Assistant Treasurer of the General Partner or any Assistant Secretary of the General Partner, without any further action by the Issuer hereunder. The aggregate principal amount of Debentures which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(b) of the Purchase Agreement), the aggregate principal amount of Debentures outstanding shall not exceed $172,500,000266,400,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time in the future with the same terms and the same CUSIP number as the Debentures originally issued under this Indenture (the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be part of the same issue as and fungible with the Initial Debentures for United States federal income tax purposes. The Initial Debentures and any such Additional Debentures will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Debentures to vote or take any action, the Holders of Initial Debentures and the Holders of any such Additional Debentures will vote or take that action as a single class.

Designation Amount and Issue of Debentures. The Debentures shall be designated as “4.1254.00% Exchangeable Senior Convertible Subordinated Debentures due 20262031.” Upon The aggregate principal amount of Debentures initially issued under this Indenture shall not exceed $253,000,000 (except as otherwise expressly permitted herein). The Company may, without the execution consent of the Holders, issue additional Debentures with the same terms and with the same CUSIP number as the Debentures initially issued under this Indenture in an unlimited aggregate principal amount; provided, however that no such additional Debentures may be issued unless such additional Debentures are fungible with the Debentures initially issued under this Indenture for U.S. federal income tax purposes (as determined by the Company); and provided, further, that such additional Debentures have the same CUSIP number as the Debentures initially issued under this Indenture. Such additional Debentures shall have identical terms to the Debentures initially issued under this Indenture except for issuance dates and prices and with respect to interest accruing prior to their date of issuance, and from time will constitute the same series as the Debentures initially issued under this Indenture for all purposes hereunder, including, without limitation, waivers, amendments and offers to time thereafter, repurchase. Debentures may be executed by the Issuer Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Debentures to or upon a the written order of the IssuerCompany, such order signed by two Officers or by an Officer and either an Assistant Treasurer (a) its Chairman of the General Partner Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary of the General Partneror any Assistant Secretary, without any further action by the Issuer Company hereunder. The aggregate principal amount of Debentures which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(b) of the Purchase Agreement), the aggregate principal amount of Debentures outstanding shall not exceed $172,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time in the future with the same terms and the same CUSIP number as the Debentures originally issued under this Indenture (the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be part of the same issue as and fungible with the Initial Debentures for United States federal income tax purposes. The Initial Debentures and any such Additional Debentures will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Debentures to vote or take any action, the Holders of Initial Debentures and the Holders of any such Additional Debentures will vote or take that action as a single class.

Designation Amount and Issue of Debentures. The Debentures shall be designated as the “4.1252.625% Exchangeable Senior Convertible Debentures due 20262035.” Upon Debentures not to exceed the aggregate principal amount of $250,000,000, upon the execution of this Indenture, or (except pursuant to Section 2.06, Section 2.07, Section 15.02 and Section 16.02) from time to time thereafter, Debentures may be executed by the Issuer Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Debentures upon a the written order of the IssuerCompany, such order signed by two Officers the Company’s (a) Chief Executive Officer, President, Executive or Senior Vice President, Managing Director or any Vice President (whether or not designated by an Officer a number or numbers or word or words added before or after the title “Vice President”) and either an (b) Treasurer or Assistant Treasurer of the General Partner or its Secretary or any Assistant Secretary of the General PartnerSecretary, without any further action by the Issuer Company hereunder. The , provided, however, that said Debentures may not be executed, delivered or authenticated unless and until the Trustee shall have received an Officers’ Certificate stating that the Debentures are substantially in the form set forth in Exhibit A of the Indenture and an Opinion of Counsel substantially to the effect that the Indenture, to the extent applicable, and Debentures have been duly authorized and, if executed and authenticated in accordance with the provisions of the Indenture and delivered to and duly paid for by the Purchasers thereof on the date of such opinion, would be entitled to the benefits of the Indenture and would be valid and binding obligations of the Company, enforceable against the Company in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, receivership, moratorium and other similar laws affecting creditors’ rights generally, general principles of equity, and such other matters as shall be specified therein; provided further that additional Debentures may be issued in an unlimited aggregate principal amount of so long as such Debentures which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(b) of the Purchase Agreement), the aggregate principal amount of Debentures outstanding shall not exceed $172,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Debentures, issue additional Debentures (the “Additional Debentures”) from time to time in the future with the same terms and the same CUSIP number as the Debentures originally issued under this Indenture (the “Initial Debentures”) in an unlimited principal amount, provided that such Additional Debentures must be are part of the same issue issue, within the meaning of Treasury Regulations Sections 1.1275-1(f) and 1.1275-2(k)(2), as and fungible with the Initial Debentures for United States federal income tax purposesinitially issued hereunder. The Initial Debentures Trustee shall be fully protected in relying upon such Officers’ Certificate and any such Additional Debentures will constitute a single series Opinion of debt securities, and in circumstances in which this Indenture provides for the Holders of Debentures to vote or take any action, the Holders of Initial Debentures and the Holders of any such Additional Debentures will vote or take that action as a single classCounsel.