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

Designation Amount and Issue of Notes. The Notes shall be designated as “3.250% Exchangeable Senior Notes due 2012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Kilroy Realty Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2504.625% Exchangeable Senior Notes due 20122011.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 175,00,000 (or $460,000,000 200,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (First Industrial Lp)

Designation Amount and Issue of Notes. The Notes shall be designated as the 3.2508.125% Exchangeable Convertible Senior Notes due 20122027.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one an Officer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed initially limited to $400,000,000 90,000,000 (or $460,000,000 110,000,000 if the Initial Purchasers exercise their Purchaser’s option to purchase additional Notes in full as set forth in the Purchase AgreementAgreement is exercised in full), except as provided in Section 2.06. The Issuer may, without the consent of the Holders holders of Notes, issue increase the aggregate principal amount of the Notes by issuing additional Notes (the “Additional Notes”) from time to time in the future with on the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and with the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount), provided that such Additional Notes shall be constitute part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall constitute will rank equally and ratably and will be treated as a single series of debt securities, and in circumstances in which Notes for all purposes under this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single classIndenture.

Appears in 1 contract

Sources: Indenture (Luminent Mortgage Capital Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2503.00% Exchangeable Senior Notes due 20122017.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be be, subject to this Section 2.01, executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one OfficerOfficer of the Issuer, without any further action by the Issuer or the Company hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)345,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (SL Green Operating Partnership, L.P.)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2506.125% Exchangeable Senior Notes due 20122011.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 125,000,000 (or $460,000,000 138,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Medical Properties Trust Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as the 3.25037/8 % Exchangeable Convertible Senior Notes due 20122011.” Upon Subject to this Section 2.01, upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officertwo Officers, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed initially limited to $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06230,000,000. The Issuer may, without the consent of the Holders holders of Notes, issue additional Notes debt securities (the “Additional Notes”) from time to time in the future with the same terms terms, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and with the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States U.S. federal income tax purposes. The Initial Notes and any such Additional Notes shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders holders of Notes to vote or take any action, the Holders holders of Initial Notes and the Holders holders of any such Additional Notes will shall vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Ventas Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2504.25% Exchangeable Senior Notes due 20122014.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 150,000,000 (or $460,000,000 172,500,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Kilroy Realty Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2505.00% Exchangeable Senior Notes due 20122018.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be be, subject to this Section 2.01, executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one OfficerOfficer of the Issuer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)400,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Invesco Mortgage Capital Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2505.00% Exchangeable Senior Dollar-Denominated Convertible Subordinated Notes due 2012May 15, 2014.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the IssuerCompany, such order signed by one Officertwo Officers or by an Officer and either an Assistant Treasurer of the Company or any Assistant Secretary of the Company, without any further action by the Issuer Company hereunder. The aggregate principal amount of Notes 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 1(b) 3 of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)229,000,000, except as provided in Section 2.06. The Issuer Company may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 3 of the Purchase Agreement) (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (GLG Partners, Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2503.75% Exchangeable Senior Notes due 20122011.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be be, subject to this Section 2.01, executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer or the Company hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)575,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Duke Realty Limited Partnership/)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2503.625% Exchangeable Senior Notes due 20122027.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officertwo Officers or by an Officer and either an Assistant Treasurer of the Guarantor or any Assistant Secretary of the Guarantor, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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’ Purchasers option set forth in Section 1(b) 1 of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)287,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Extra Space Storage Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2503.25% Exchangeable Senior Notes due 20122018.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement)issuance, the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)115,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (American Residential Properties, Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2504.00% Exchangeable Senior Notes due 2012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officertwo Officers or by an Officer and either an Assistant Treasurer of the Guarantor or any Assistant Secretary of the Guarantor, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) 1 of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)287,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Pennsylvania Real Estate Investment Trust)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2503.75% Exchangeable Senior Notes due 20122030.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officertwo Officers or by an Officer and either an Assistant Treasurer of the General Partner or the Issuer or any Assistant Secretary of the General Partner or the Issuer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) 2 of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)180,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (BioMed Realty Trust Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as the 3.2507.000% Exchangeable Convertible Senior Notes due 2012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officertwo Officers, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed initially $400,000,000 300,000,000 (or $460,000,000 345,000,000 if the Initial Purchasers exercise their Purchaser’s option to purchase additional Notes in full as set forth in the Purchase AgreementAgreement is exercised in full), except as provided in Section 2.06. The Issuer may, without the consent of the Holders holders of Notes, issue additional Notes debt securities (the “Additional Notes”) from time to time in the future with the same terms terms, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and with the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders holders of Notes to vote or take any action, the Holders holders of Initial Notes and the Holders holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (KKR Financial Holdings LLC)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2503.25% Exchangeable Convertible Senior Notes due 2012.” Upon the execution of this Indenture, and or from time to time thereafter, Notes may be executed by the Issuer Company as provided in Section 2.04 and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the IssuerCompany, such order signed by one Officertwo Officers of the Company, or by an Officer of the Company and by any Assistant Treasurer of the Company or any Assistant Secretary of the Company, without any further action by the Issuer Company hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer Company may, without the consent of the Holders holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders holders of Notes to vote or take any action, the Holders holders of Initial Notes and the Holders holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Macerich Co)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2502.625% Exchangeable Senior Notes due 20122019.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer hereundertogether with an Officers’ Certificate stating that all conditions precedent to such authentication have been satisfied. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement)issuance, the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)250,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of NotesHolders, reopen the Indenture and issue additional Notes (the “Additional Notes”) from time under the Indenture (including pursuant to time in any exercise by the future Initial Purchaser of its option to purchase Additional Notes pursuant to the Purchase Agreement) with the same terms (other than differences in the issue price and Interest accrued prior to the same CUSIP number issue date of such Additional Notes) as the Notes originally issued under this Indenture offered hereby (the “Initial Notes”) in an unlimited aggregate principal amount, provided that if any such Additional Notes shall be part of the same issue as and are not fungible with the Initial Notes for United States federal income tax purposes, such Additional Notes will have one or more separate CUSIP numbers. The Initial Notes and any such Additional Notes shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Empire State Realty OP, L.P.)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2503.50% Exchangeable Senior Notes due 2012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b2(c) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 150,000,000 (or $460,000,000 180,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Strategic Hotels & Resorts, Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2504.50% Exchangeable Senior Notes due 20122026.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officertwo Officers or by an Officer and either an Assistant Treasurer of the General Partner or the Issuer or any Assistant Secretary of the General Partner or the Issuer, without any further action by the Issuer hereunder. The aggregate principal amount of Notes 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 1(b2(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)175,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (BioMed Realty Trust Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “3.2503.00% Exchangeable Senior Notes due 20122027.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be be, subject to this Section 2.01, executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer, without any further action by the Issuer or the Company hereunder. The aggregate principal amount of Notes 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 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)750,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Indenture (Sl Green Realty Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as the 3.250% Exchangeable Convertible Senior Floating Rate Notes due 2012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officertwo Officers, without any further action by the Issuer hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance initially $800,000,000 (including any issuance upon exercise of or $920,000,000 if the Initial Purchasers’ Underwriter’s over-allotment option set forth in Section 1(b) of the Purchase AgreementUnderwriting Agreement is exercised in full), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders holders of Notes, issue additional Notes debt securities (the “Additional Notes”) from time to time in the future with the same terms terms, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and with the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders holders of Notes to vote or take any action, the Holders holders of Initial Notes and the Holders holders of any such Additional Notes will vote or take that action as a single class.

Appears in 1 contract

Sources: Nineteenth Supplemental Indenture (Istar Financial Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as the 3.2505.50% Exchangeable Senior Notes due 20122026.” Upon the execution of this Indenture, and from time to time thereafter, the Notes may be executed by the Issuer and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver the Notes upon a written order of the IssuerIssuer (an “Authentication Order”), such order signed on behalf of the Issuer by one Officertwo Officers of the General Partner or by an Officer of the General Partner and either an Assistant Treasurer or any Assistant Secretary of the General Partner and an Opinion of Counsel as to, without among other things, the enforceability of this Indenture and the Notes. At any further action time and from time to time thereafter, the Trustee shall, upon receipt of an Authentication Order, authenticate and deliver any Additional Notes in an aggregate principal amount specified in such Authentication Order for such Additional Notes issued hereunder and, in the case of any issuance of Additional Notes pursuant to Section 2.11, such Authentication Order shall certify that such issuance is in compliance with this Indenture. A Note will not be valid and obligatory for any purpose until authenticated by the Issuer hereundermanual signature of the Trustee. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided provided, that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 1(b) of the Purchase Agreement)issuance, the aggregate principal amount of Notes outstanding shall not exceed $400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement)300,000,000, except as provided in Section 2.062.07 and Section 2.08 hereof. The Issuer may, without the consent of the Holders of Notes, issue additional Additional Notes (the “Additional Notes”) from time to time in the future with the same terms and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes shall be part of the same issue as and fungible subject to compliance with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes shall constitute a single series terms of debt securitiesthis Indenture, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single classincluding Section 2.11 hereof.

Appears in 1 contract

Sources: Indenture (Innovative Industrial Properties Inc)