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

Designation Amount and Issue of Notes. The Notes shall be designated as "5% Convertible Subordinated Notes due 2007." Notes not to exceed the aggregate principal amount of $250,000,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Sources: Lease Agreement (Getty Images Inc), Indenture (Getty Images Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“3.00% Convertible Senior Subordinated Notes due 2007." 2024”. Notes not to exceed the aggregate principal amount of $250,000,000 200,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.05, 3.5 3.06 and 15.2 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Sources: Indenture (Alliant Techsystems Inc), Indenture (Alliant Techsystems Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5% “Tranche A Zero Coupon Guaranteed Senior Unsecured Convertible Subordinated Notes due 2007." Notes”. Notes not to exceed the aggregate principal amount of $250,000,000 50,000,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 2.05 and 15.2 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 ”), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Sources: Indenture (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as "5% Convertible Subordinated Notes due 2007." “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”. Notes not to exceed the aggregate principal amount of $250,000,000 84,000,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 2.05 and 15.2 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 ”), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Sources: Indenture (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as "56.25% Convertible Subordinated Notes due 2007." CONVERTIBLE SUBORDINATED NOTES DUE 2011". Notes not to exceed the aggregate principal amount of $250,000,000 40,250,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.01, 3.5 4.02 and 15.2 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 ), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Compudyne Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“2.75% Convertible Senior Subordinated Notes due 2007." 2024”. Notes not to exceed the aggregate principal amount of $250,000,000 280,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.05, 3.5 3.06 and 15.2 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Alliant Techsystems Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“4 1/4 % Convertible Subordinated Senior Notes due 2007." ”. Except pursuant to Section 2.05, 2.06, 3.03, 3.05 and 15.02, hereof, Notes not to exceed the aggregate principal amount of $250,000,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 hereof) 88,300,000 upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (LTX Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“1.0% Guaranteed Senior Unsecured Convertible Subordinated Notes due 2007." 2012”. Notes not to exceed the aggregate principal amount of $250,000,000 60,000,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 2.05 and 15.2 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 ”), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (China Security & Surveillance Technology, Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as "57% Convertible Subordinated Senior Notes due 20072006." Notes not to exceed the aggregate principal amount of $250,000,000 51,750,000 upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 15.2 and 15.2 hereof16.2) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by the Company's (a) its Chairman of the BoardPresident, Chief Executive Officer, Executive or Senior Vice 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 Chief Financial Officer, Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (General Electric Co)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“7% Convertible Subordinated Notes due 2007." Due 2023”. Notes not to exceed the aggregate principal amount of $250,000,000 125,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.03, 3.5 3.05 and 15.2 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Airtran Airways Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“1.0% Guaranteed Senior Unsecured Convertible Subordinated Notes due 2007." 2012”. Notes not to exceed the aggregate principal amount of $250,000,000 50,000,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 2.05 and 15.2 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 ”), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (China Security & Surveillance Technology, Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as "54 1/4% Convertible Subordinated Notes due 2007." Notes not to exceed the aggregate principal amount of $250,000,000 287,500,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Burr Brown Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as "54 1/4% Convertible Subordinated Notes due 2007." ". Notes not to exceed the aggregate principal amount of $250,000,000 550,000,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (International Rectifier Corp /De/)

Designation Amount and Issue of Notes. The Notes shall be -------------------------------------- designated as "57% Convertible Subordinated Senior Notes due 20072006." Notes not to exceed the aggregate principal amount of $250,000,000 51,750,000 upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 15.2 and 15.2 hereof16.2) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by the Company's (a) its Chairman of the BoardPresident, Chief Executive Officer, Executive or Senior Vice 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 Chief Financial Officer, Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Tivo Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“2.50% Convertible Subordinated Senior Notes due 2007." 2024”. Notes not to exceed the aggregate principal amount of $250,000,000 115,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.05, 3.5 3.06 and 15.2 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Dress Barn Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“7.250% Senior Subordinated Convertible Subordinated Notes due 20072037." Notes not to initially exceed the aggregate principal amount of $250,000,000 287,500,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 Section 2.04 hereof) upon the execution of this First Supplemental Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or the Chief Operating Officer, the President, the Chief Financial Officer, Chief Credit Officer, Chief Legal Officer, Managing Director, Chief Accounting Officer, 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 ”), the Treasurer, its Controller or any Assistant Controller or its the Secretary or any Assistant Secretarythe Controller, without any further action by the Company hereunder.

Appears in 1 contract

Sources: First Supplemental Indenture (Capitalsource Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "51 3/4% Convertible Subordinated Notes due 2007." CONVERTIBLE NOTES DUE 2008". Notes not to exceed the aggregate principal amount of $250,000,000 400,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.3, 3.5 3.05 and 15.2 16.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 PresidentVICE PRESIDENT") and (b) its ), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Celgene Corp /De/)

Designation Amount and Issue of Notes. The Notes shall be designated as "55.375% Convertible Subordinated Notes due 2007." CONVERTIBLE SENIOR NOTES DUE 2023". Notes not to exceed the aggregate principal amount of $250,000,000 74,750,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.05, 3.5 3.06 and 15.2 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, its Chief Executive Officer, President or its Chief Operating Officer, its President, its Chief Financial Officer, 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Town & Country Trust)

Designation Amount and Issue of Notes. The Notes shall be designated as "5% “Zero Coupon Convertible Senior Subordinated Notes due 2007." 2024”. Notes not to exceed the aggregate principal amount of $250,000,000 290,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.03, 3.5 3.05, 3.06, 3.10 and 15.2 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) one of its Chairman of the Board, Chief Executive Officer, the Chief Financial 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 ”), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (On Semiconductor Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as "56% Convertible Subordinated Notes due 2007." Due 2008". Notes not to exceed the aggregate principal amount of $250,000,000 10,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.03, 3.5 3.05 and 15.2 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, which order shall be signed by (a) its Chairman of the 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Standard Management Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as "52% Convertible Subordinated Notes due 2007." ". Notes not to exceed the aggregate principal amount of $250,000,000 550,000,000 (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Brocade Communications Systems Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“3.0% Guaranteed Senior Secured Convertible Subordinated Notes due 2007." 2012”. Notes not to exceed the aggregate principal amount of $250,000,000 20,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.3, 3.5 and 15.2 3.07 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the 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 ”), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Fushi International Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“2.75% Convertible Senior Subordinated Notes due 2007." 2011”. Notes not to exceed the aggregate principal amount of $250,000,000 300,000,000 (except pursuant to Sections 2.52.05, 2.6, 3.3, 3.5 2.06 and 15.2 hereof3.01 hereof and provided the Company may issue additional Notes from time to time) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Alliant Techsystems Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "5“1.875% Convertible Subordinated Notes Debentures due 2007." 2024”. Notes not to exceed the aggregate principal amount of $250,000,000 150,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.3, 3.5 3.08 and 15.2 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, 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 or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Sources: Indenture (Quicksilver Resources Inc)