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

Designation Amount and Issue of Notes. The Notes shall be designated as "4 3/4% Convertible Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $260,000,000 (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 (Lattice Semiconductor Corp)

Designation Amount and Issue of Notes. The Notes shall be -------------------------------------- designated as "4 3/47% Convertible Subordinated Senior Notes due 2006". ." Notes not to exceed the aggregate principal amount of $260,000,000 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 "4 3/4“7% Convertible Subordinated Notes due 2006"Due 2023”. Notes not to exceed the aggregate principal amount of $260,000,000 125,000,000 (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 "4 3/45.375% Convertible Subordinated Notes due 2006CONVERTIBLE SENIOR NOTES DUE 2023". Notes not to exceed the aggregate principal amount of $260,000,000 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 "4 3/42-7/8% Convertible Senior Subordinated Notes due 20062016". Notes not to exceed the aggregate principal amount of $260,000,000 172,500,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.03, 3.5 3.05, 3.06, 3.10 and 15.2 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 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 (Headwaters Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "4 3/41/4% Convertible Subordinated Notes due 2006". 2007." Notes not to exceed the aggregate principal amount of $260,000,000 287,500,000 (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 "4 3/4“2-7/8% Convertible Senior Subordinated Notes due 2006". 2016.” Notes not to exceed the aggregate principal amount of $260,000,000 172,500,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.03, 3.5 3.05, 3.06, 3.10 and 15.2 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 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 (Headwaters Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "4 3/4% Convertible Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $260,000,000 175,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.03, 3.5 3.05 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 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 (Kulicke & Soffa Industries Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "4 3/46.25% Convertible Subordinated Notes due 2006CONVERTIBLE SUBORDINATED NOTES DUE 2011". Notes not to exceed the aggregate principal amount of $260,000,000 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 "4 3 3/4% Convertible Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $260,000,000 175,000,000 (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 (Riverstone Networks Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as "4 3/46% Convertible Subordinated Notes due 2006Due 2008". Notes not to exceed the aggregate principal amount of $260,000,000 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 "4 3/4% “Zero Coupon Convertible Senior Subordinated Notes due 2006"2024”. Notes not to exceed the aggregate principal amount of $260,000,000 290,000,000 (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 "4 3/41/4% Convertible Subordinated Notes due 2006Due 2007". Notes not to exceed the aggregate principal amount of $260,000,000 125,000,000 (except pursuant to Sections 2.52.05, 2.62.06, 3.33.03, 3.5 3.05 and 15.2 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 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 (Axcelis Technologies Inc)