Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.625% Notes due 2015, the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. In addition, without the consent of the holders of an applicable series of Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 2 contracts
Sources: Supplemental Indenture (Kraft Foods Inc), Supplemental Indenture (Kraft Foods Group, Inc.)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.900% Notes due 2015, 2025. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0002,500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 2 contracts
Sources: Fifth Supplemental Indenture (Hewlett Packard Enterprise Co), Fifth Supplemental Indenture
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.625% Floating Rate Senior Notes due 20152019, the 2.250% Floating Rate Senior Notes due 2017, 2021 and the 3.500% Floating Rate Senior Notes due 2022 and the 5.000% Notes due 20422022, each unlimited in aggregate principal amount. The 2015 2019 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000350,000,000, the 2017 2021 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 650,000,000 and 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000500,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Additional Notes are not fungible with such Notes issued on the date hereof for U.S. United States federal income tax purposes, the additional Additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 2 contracts
Sources: Sixth Supplemental Indenture, Supplemental Indenture (Kraft Heinz Co)
Designation and Principal Amount. The Notes (a) There are hereby authorized and are respectively designated six series of Notes: the 1.6255.450% Senior Notes due 20152027, the 2.2505.400% Senior Notes due 20172029, the 3.5005.450% Senior Notes due 2022 and the 5.0002031, 5.600% Senior Notes due 20422034, each 5.900% Senior Notes due 2054 and 6.000% Senior Notes due 2064. Each series of the Notes may be authenticated and delivered under the Indenture in an unlimited in aggregate principal amount. The 2015 2027 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, . The 2029 Notes issued on the 2017 date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,500,000,000. The 2031 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 . The 2034 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 1,650,000,000. The 2054 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000. The 2064 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $500,000,000. In the case of each series of Notes, which amounts the amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 303 of the Base Indenture. In additionThe Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) The Company may from time to time, without notice to or the consent of the holders Holders of an applicable any series of the Notes, the Company may issue, from time to time in accordance create and issue Additional Notes of any such series ranking equally and ratably with the provisions of the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes (in all respects, or in all respects except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date or except for the first payment of interest following the issue date of such additional Additional Notes); provided that that, if such additional Additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposespurposes with the Notes of the applicable series, the additional such Additional Notes will be issued under have a separate CUSIP different CUSIP, ISIN and/or any other identifying number. Any additional Such Additional Notes having such similar termswill have the same terms as to status, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Notes may be issued if an Event of Default has occurred with respect to redemption or otherwise as the applicable series of Notes.
Appears in 2 contracts
Sources: First Supplemental Indenture (Solventum Corp), First Supplemental Indenture (3m Co)
Designation and Principal Amount. The Notes There are hereby authorized and are respectively two new series of Securities, to be designated the 1.625“7.000% Notes Fixed-to-Fixed Reset Rate Junior Subordinated Notes, Series A, due 20152055,” (the “Series A Notes”) and “6.850% Fixed-to-Fixed Reset Rate Junior Subordinated Notes, Series B, due 2055,” (the “Series B Notes,” collectively, the 2.250% Notes due 2017, “Notes”) in the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an initial aggregate principal amount of $1,000,000,000400,000,000 and $400,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000respectively, which amounts amount shall be set forth in the any written order orders of the Company for the authentication and delivery of the Notes pursuant to Section 301 3.01 of the Base IndentureIndenture and Section 6.01 hereof. In additionThe Company may, without the consent of the holders Holders, create and issue an unlimited amount of an applicable additional Notes of a given series of Notes, the Company may issue, from time to time in accordance ranking equally with the provisions Notes of the Indenture, additional Notes such series in all respects and having the same ranking and the same interest rate, maturity and other terms as such series of Notes (except for the issue dateprice to public, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date and the initial interest accrual date and the first interest payment date, as applicable) as the Notes of such additional Notes); provided series, so that if such additional Notes are not fungible with shall be consolidated and form a single series with, and shall have the same terms as to status, redemption or otherwise as, the Notes of such series authenticated and delivered on the date hereof. Such additional Notes issued will have the same CUSIP number as the Notes of a given series being authenticated on the date hereof, provided that such additional Notes of such series must be part of the same issue as the Notes of such series being authenticated on the date hereof for U.S. federal income tax purposes or, if they are not part of the same issue for such purposes, the such additional Notes will of such series must be issued under with a separate CUSIP number. Any additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Notes of a series may be issued if an Event of Default has occurred and is continuing with respect to the applicable series Notes of Notessuch series.
Appears in 2 contracts
Sources: Supplemental Indenture (Centerpoint Energy Inc), Supplemental Indenture (Centerpoint Energy Resources Corp)
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.6256.125% Notes due 20152018, the 2.2505.375% Notes due 20172020, the 3.5006.875% Notes due 2022 2039 and the 5.0006.500% Notes due 20422040, each unlimited in aggregate principal amount. The 2015 2018 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $ 1,034,657,000, the 2020 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000900,000,000, the 2017 2039 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, $ 877,860,000 and the 2022 2040 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000$ 787,483,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. In addition, without the consent of the holders of an applicable series of Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. No additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 2 contracts
Sources: Supplemental Indenture (Kraft Foods Group, Inc.), Supplemental Indenture (Kraft Foods Inc)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Floating Rate Notes due 2015, 2028. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000300,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Twenty Ninth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6256.000% Senior Notes due 2015, 2029. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000US$400,000,000, which amounts amount shall be set forth in the written order of the Company Issuers for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Issuers and will rank on the same basis with all of the Issuers’ other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company Issuers may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notesinitial Interest Payment Date); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture; provided, that Additional Notes may only bear the same CUSIP number as the Notes issued on the date hereof if they would be fungible with such Notes for United States federal tax purposes. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6252.100% Notes due 2015, 2019. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,100,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Tenth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.625“3.700% Notes due 2015, ,” the 2.250“5.050% Notes due 2017, 2020” and the 3.500“6.350% Notes due 2022 and the 5.000% Notes due 20422040,” respectively, each series unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an aggregate principal amount of $1,000,000,000850,000,000, the 2017 2020 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an aggregate principal amount of $1,000,000,000, 1,300,000,000 and the 2022 2040 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms 850,000,000, each of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.05 of the Base Indenture. In addition, the Company may, from time to time, without notice to or the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance create and issue additional Notes ranking equally and ratably with the provisions Notes of any series issued on the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes date hereof in all respects (or in all respects except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes or except for the first payment of interest following the issue date of such additional Notes); provided , so that if such additional Notes are not fungible shall be consolidated and form a single series with such series of Notes issued on the date hereof for U.S. federal income tax purposesand shall have the same terms as to status, the additional Notes will be issued under a separate CUSIP number. Any additional Notes having redemption or otherwise as such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Second Supplemental Indenture (Discovery Communications, Inc.)
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.6253.375% Senior Notes due 20152021, the 2.2504.000% Senior Notes due 2017, 2023 and the 3.5004.625% Senior Notes due 2022 and the 5.000% Notes due 20422029, each unlimited in aggregate principal amount. The 2015 2021 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000300,000,000, the 2017 2023 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, 1,600,000,000 and the 2022 2029 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,100,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Additional Notes are not fungible with such Notes issued on the date hereof for U.S. United States federal income tax purposes, the additional Additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Notes due 2015, the 2.250% Floating Rate Notes due 2017, . The Notes may be authenticated and delivered under the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000350,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Eighth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.400% Notes due 2015, 2030. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000850,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. The Notes (a) There are hereby authorized and are respectively designated four series of Notes: the 1.6252.050% Senior Notes due 20152026, the 2.2502.700% Senior Notes due 20172028, the 3.5003.150% Senior Notes due 2022 2031 and the 5.0004.100% Senior Notes due 2042, each 2041. Each series of the Notes may be authenticated and delivered under the Indenture in an unlimited in aggregate principal amount. The 2015 2026 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 700,000,000. The 2028 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 500,000,000. The 2031 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 650,000,000. The 2041 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000550,000,000. In the case of each series of Notes, which amounts the amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 3.01 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable any series of the Notes, the Company may issue, from time to time in accordance with time, without notice to or the provisions consent of the IndentureHolders of any series of the Notes, additional create and issue Additional Notes of any series having the same terms as, and ranking equally and ratably with, the same interest rate, maturity and other terms as such applicable series of Notes (except for the issue date, issue price, the public offering price and, in some casesif applicable, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes and the first payment of interest following the issue date of such Additional Notes); provided that if such additional Additional Notes are not fungible with such the Notes issued on of the date hereof applicable series offered hereby for U.S. federal securities laws or U.S. federal income tax purposes, the additional such Additional Notes will be issued under a have one or more separate CUSIP numbernumbers. Any additional Such Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute may be consolidated and form a single series of notes under with, and will have the Indenture. No additional Notes may be issued if an Event of Default has occurred with respect same terms as to ranking, redemption, waivers, amendments or otherwise, as the applicable series of Notes, and will vote together as one class on all matters with respect to such series of Notes.
Appears in 1 contract
Sources: First Supplemental Indenture (Kyndryl Holdings, Inc.)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6253.900% Notes due 2015, 2027. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.625“2.200% Senior Notes due 2015, 2019,” the 2.250“2.950% Senior Notes due 2017, 2023,” the 3.500“3.950% Senior Notes due 2022 2028,” the “5.000% Senior Notes due 2037” and the 5.000“5.200% Senior Notes due 20422047,” respectively, each series unlimited in aggregate principal amount. The 2015 2019 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000500,000,000, the 2017 2023 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,0001,200,000,000, the 2022 2028 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and 1,700,000,000, the 2042 2037 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000 and the 2047 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,250,000,000, each of which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.05 of the Base Indenture. In addition, the Company may, from time to time, without notice to or the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance create and issue additional Notes ranking equally and ratably with the provisions Notes of any series issued on the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes date hereof in all respects (or in all respects except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes or except for the first payment of interest following the issue date of such additional Notes); provided , so that if such additional Notes are not fungible shall be consolidated and form a single series with such series of Notes issued on the date hereof for U.S. federal income tax purposesand shall have the same terms as to status, the additional Notes will be issued under a separate CUSIP number. Any additional Notes having redemption or otherwise as such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No provided that if any such additional Notes may be are not fungible with the Notes initially issued if an Event of Default has occurred with respect to the applicable series of Noteshereunder for U.S. federal income tax purposes, such additional Notes shall have a separate CUSIP number.
Appears in 1 contract
Sources: Supplemental Indenture (Discovery Communications, Inc.)
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated (a) the 1.625“1.700% Senior Notes due 20152022”, the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an initial aggregate principal amount of $1,000,000,000500,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture which amount shall be specified in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company Authentication Order for the authentication and delivery of the Notes pursuant to Section 301 Article II of the Base Indenture and (b) the “2.950% Senior Notes due 2030”, in an initial aggregate principal amount of $750,000,000, which amount shall be specified in an Authentication Order for the authentication and delivery of Notes pursuant to Article II of the Base Indenture. In addition, the Company shall be entitled to issue, from time to time, without the consent of the holders of an applicable series of Holders, additional 2022 Notes (“Additional 2022 Notes”), which shall have identical terms as the 2022 Notes issued on the Issue Date, and additional 2030 Notes (“Additional 2030 Notes” and, together with the Additional 2022 Notes, the Company may issue“Additional Notes”), from time to time in accordance with the provisions of the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other which shall have identical terms as such series the 2030 Notes issued on the Issue Date (in each case, other than with respect to the date of Notes (except for the issue dateissuance, issue price, and, in some cases, price and amount of interest payable on the first payment of interest or interest accruing prior to date applicable thereto), as the issue date of such additional Notes)case may be, in an unlimited aggregate principal amount, which Additional 2022 Notes shall be consolidated and form a single series with the 2022 Notes previously issued and Additional 2030 Notes shall be consolidated and form a single series with the 2030 Notes previously issued; provided that if such additional any Additional 2022 Notes are not fungible with such the 2022 Notes issued on the date hereof Issue Date, or any Additional 2030 Notes are not fungible with the 2030 Notes issued on the Issue Date, in each case, for U.S. federal income tax purposes, the additional such Additional Notes will be issued under have a separate CUSIP number. Any additional At any time and from time to time, the Trustee shall, upon receipt of an Authentication Order, Officers’ Certificate and Opinion of Counsel, authenticate and deliver any Additional Notes having in an aggregate principal amount specified in such similar terms, together with the applicable series of Authentication Order for such Additional Notes issued hereunder. All 2022 Notes issued on the date hereofIssue Date and Additional 2022 Notes, shall constitute if any, will be treated as a single series class for all purposes of notes under this Indenture, including waivers, amendments, redemptions and offers to purchase. All 2030 Notes issued on the Issue Date and Additional 2030 Notes, if any, will be treated as a single class for all purposes of this Indenture. No additional Notes may be issued if an Event of Default has occurred with respect , including waivers, amendments, redemptions and offers to the applicable series of Notes.purchase
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6256.350% Notes due 2015, 2045. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Seventh Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Floating Rate Notes due 2015, March 2021. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.700% Notes due 2015, 2030. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000750,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6251.000% Notes due 2015, 2024. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. The Notes are (a) There is hereby authorized and are respectively designated a new series of securities: the 1.6256.350% Senior Notes due 2015, 2034. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal 500,000,000. The amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 3.01 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with time, without notice to or the provisions consent of the Indenturesuch Holders, additional create and issue Additional Notes having the same terms as, and ranking equally and ratably with, the same interest rate, maturity and other terms as such series of Notes (except for the issue date, issue price, the public offering price and, in some casesif applicable, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes and the first payment of interest following the issue date of such Additional Notes); provided that if such additional Additional Notes are not fungible with such the Notes issued on the date hereof offered hereby for U.S. federal securities laws or U.S. federal income tax purposes, the additional such Additional Notes will be issued under a have one or more separate CUSIP numbernumbers. Any additional Such Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute may be consolidated and form a single series of notes under with, and will have the Indenture. No additional Notes may be issued if an Event of Default has occurred same terms as to ranking, redemption, waivers, amendments or otherwise, as the Notes, and will vote together as one class on all matters with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Second Supplemental Indenture (Kyndryl Holdings, Inc.)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6253.700% Notes due 2015, 2022. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000350,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Notes due 2015, the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each 2034. The Notes may be authenticated and delivered under the Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6251.450% Senior Notes due 2015, 2026 and the 2.2502.650% Senior Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 20422031, each unlimited in aggregate principal amount. The 2015 2026 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000 and the 2031 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. .
(b) In addition, the Company may, from time to time, without the consent of the holders Holders of an applicable series the Notes of Notesa series, the Company may issue, from time to time and in accordance with the provisions of the Indenture, issue additional Notes in an unlimited aggregate principal amount having the same ranking terms and conditions as the same interest rate, maturity and other terms as such Notes of a series of Notes in all respects (except for the issue issuance date, issue price, price and, in some cases, the first payment of interest initial Interest Payment Date or interest accruing prior to the issue date of such additional Notes); provided ) and with the same CUSIP number as the Notes of that if series so as to form a single series of Notes with the Notes of such additional Notes are not fungible with such Notes series issued on the date hereof for U.S. federal income tax purposes, under the additional Indenture (the “Additional Notes”); provided that Additional Notes of a series may only be issued if they will be issued under a separate CUSIP number. Any additional Notes having such similar terms, together fungible for United States federal tax purposes with the applicable series other Notes of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional that series; provided further that no such Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.625“5.200% Senior Notes due 20152025”, the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an initial aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture which amount shall be specified in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company Authentication Order for the authentication and delivery of the Notes pursuant to Section 301 Article II of the Base Indenture. In addition, the Company shall be entitled to issue, from time to time, without the consent of the holders of an applicable series of Notes, the Company may issue, from time to time in accordance with the provisions of the IndentureHolders, additional Notes having the same ranking and the same interest rate(“Additional Notes”), maturity and other which shall have identical terms as such series the Notes issued on the Original Issue Date (in each case, other than with respect to the date of Notes (except for the issue dateissuance, issue price, and, in some cases, price and amount of interest payable on the first payment of interest or interest accruing prior to date applicable thereto), as the issue date of such additional Notes)case may be, in an unlimited aggregate principal amount, which Additional Notes shall be consolidated and form a single series with the Notes previously issued; provided that if such additional any Additional Notes are not fungible with such the Notes issued on the date hereof Original Issue Date for U.S. federal income tax purposes, the additional such Additional Notes will be issued under have a separate CUSIP number. Any additional At any time and from time to time, the Trustee shall, upon receipt of an Authentication Order, authenticate and deliver any Additional Notes having in an aggregate principal amount specified in such similar terms, together with the applicable series of Authentication Order for such Additional Notes issued hereunder. The Initial Notes issued on the date hereofhereof will be (i) offered and sold pursuant to the Purchase Agreement and (ii) resold initially only to (a) QIBs in reliance on Rule 144A and (b) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Notes may thereafter be transferred to, shall constitute among others, QIBs and purchasers in reliance on Regulation S. All Notes issued on the Original Issue Date and Additional Notes, if any, will be treated as a single series class for all purposes of notes under the this Indenture, including waivers, amendments, redemptions and offers to purchase. No additional The Notes may shall be issued if an Event of Default has occurred with respect subject to the applicable series terms of Notesthe Registration Rights Agreement, including the payment of additional interest in accordance with and subject to the terms thereof.
Appears in 1 contract
Sources: First Supplemental Indenture (Whole Foods Market Inc)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6251.450% Notes due 2015, 2024. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal which amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Seventeenth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6256.200% Notes due 2015, 2035. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000750,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated (i) the 1.625“6.050% Senior Notes due 2015, 2026,” (ii) the 2.250“6.050% Senior Notes due 2017, 2028,” (iii) the 3.500“6.300% Senior Notes due 2022 2030” and (iv) the 5.000“6.400% Senior Notes due 2042, each 2033,” respectively. Each series of Notes is unlimited in aggregate principal amount. .
(i) The 2015 2026 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an initial aggregate principal amount of $1,000,000,000, 1,100,000,000; (ii) the 2017 2028 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an initial aggregate principal amount of $1,000,000,000, 1,250,000,000; (iii) the 2022 2030 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an initial aggregate principal amount of $2,000,000,000 1,100,000,000; and (iv) the 2042 2033 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an initial aggregate principal amount of $2,000,000,0001,250,000,000, each of which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.06 of the Base this Indenture. In addition, without the consent of the holders of an applicable series of Notes, the Company may issuemay, from time to time in accordance time, without notice to, or the consent of, the Holders of the Notes, create and issue additional Notes of any series ranking equally and ratably with the provisions Notes of any series issued on the Indenturedate hereof in all respects, so that such additional Notes having shall be consolidated and form a single series with such series of Notes issued on the date hereof and shall have the same ranking and the same interest rateterms as to status, maturity and other terms redemption or otherwise as such series of Notes issued on the date hereof (except for other than the issue date, issue price, date of issuance and, in some casesunder certain circumstances, the first payment of Interest Payment Date and the date from which interest or interest accruing prior thereon will begin to the issue date of such additional Notesaccrue); provided that if any such additional Notes are not fungible with such the Notes initially issued on the date hereof hereunder for U.S. federal income tax purposes, the such additional Notes will be issued under shall have a separate CUSIP number. Any number (any such additional Notes having such similar terms, together with the applicable of any series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Notes may be issued if an Event of Default has occurred with respect are herein referred to the applicable series of as “Additional Notes”).
Appears in 1 contract
Sources: Indenture (Regal Rexnord Corp)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Notes due 2015, the 2.250% Notes due 2017, the 3.500% Notes due 2022 2021. The Notes may be authenticated and delivered under the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6252.200% Notes due 2015, 2031. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6253.375% Notes due 2015, 2024. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000400,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.650% Notes due 2015, 2027. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. The Notes are There is hereby authorized and are respectively established a series of securities designated the 1.625“5.875% Notes due 20152014” (the “Notes”), the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000U.S.$650,000,000 (which amount does not include Notes authenticated and delivered upon registration of transfer of, the 2017 Notes issued on the date hereof in exchange for, or in lieu of, other securities of such series pursuant to the terms Sections 304, 305, 306, 906 or 1107 of the Indenture Base Indenture), which amount shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth specified in the written order of the Company Issuer Order for the authentication and delivery of the Notes pursuant to Section 301 303 of the Base Indenture. In additionThe principal of the Notes shall be due and payable at their Stated Maturity. The Notes will be issued in denominations of U.S.$2,000 and integral multiples of U.S.$1,000 in excess thereof. The Issuer may, from time to time and without the consent of the holders Holders, issue additional Securities, with Guarantees of an applicable series the Company duly annexed thereto or endorsed thereon, on terms and conditions identical to those of the Notes, which additional Securities, together with Guarantees of the Company duly annexed thereto or endorsed thereon, shall increase the aggregate principal amount of, and shall be consolidated and form a single series with, the Notes. The Issuer may issue, issue Exchange Notes with Guarantees of the Company duly annexed thereto or endorsed thereon from time to time pursuant to an Exchange Offer, in each case pursuant to a Board Resolution and subject to Section 303 of the Base Indenture, in authorized denominations in exchange for a like principal amount of the Original Notes. Upon any such exchange of Original Notes, the Original Notes so exchanged shall be canceled in accordance with Section 309 of the Base Indenture and shall no longer be deemed Outstanding for any purpose. The Original Notes and any Exchange Notes shall vote and consent together on all matters as one class and none of the Original Notes nor the Exchange Notes shall have the right to vote or consent as a class separate from one another on any matter. The Stated Maturity of the Notes shall be June 15, 2014. The Notes shall bear interest at the rate of 5.875% per annum, from June 23, 2004 or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, payable semi-annually on June 15 and December 15, commencing December 15, 2004, until the principal thereof is paid or made available for payment; provided, however, that, with respect to any Registrable Securities, if a Registration Default occurs on any day, such Registrable Securities shall bear additional interest as a result thereof (at an incremental rate per annum of 0.25%), as liquidated damages and not as a penalty, from such day to but not including the first day thereafter until no Registration Default is continuing, all in accordance with the provisions of the Registration Rights Agreement; and provided, further, that any amount of interest on any Note which is overdue shall bear interest (to the extent that payment thereof shall be legally enforceable) at the rate per annum then borne by such Note from the date such amount is due to the day it is paid or made available for payment, and such overdue interest shall be paid as provided in Section 307 of the Base Indenture. Accrued additional interest, additional Notes having if any, shall be paid in cash in arrears semi-annually on the same ranking and the same interest rateInterest Payment Dates in each year, maturity and other terms as such series of Notes (except for the issue date, issue price, and, in some cases, commencing on the first payment of interest or interest accruing prior to Interest Payment Date after the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued day on which the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Notes may be issued if an Event of relevant Registration Default has occurred with respect to the applicable series of Notesoccurs.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6250.600% Notes due 2015, 2023. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal which amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625“2.800% Notes due 2015, 2020,” the 2.250% Notes due 2017, the “3.500% Notes due 2022 2022” and the 5.000“3.950% Notes due 2042, each 2025,” unlimited in aggregate principal amount. The 2015 2.800% Notes due 2020 issued on the date hereof pursuant to the terms of the this Indenture shall be in an aggregate principal amount of $1,000,000,000600,000,000, the 2017 3.500% Notes due 2022 issued on the date hereof pursuant to the terms of the this Indenture shall be in an aggregate principal amount of $1,000,000,000, 400,000,000 and the 2022 3.950% Notes due 2025 issued on the date hereof hereof, pursuant to the terms of the this Indenture shall be in an the aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms 500,000,000, of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.04 of the Base Indenture. In addition.
(b) The Company may, from time to time, without notice to or the consent of the holders Holders of an applicable series of either the 2020 Notes, 2022 Notes or the Company may issue2025 Notes, from time to time in accordance create and issue additional 2020 Notes, 2022 Notes or 2025 Notes ranking equally and ratably with the provisions of the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes issued on the date hereof in all respects (or in all respects except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes or except for the first payment of interest following the issue date of such additional Notes); provided , so that if such additional 2020 Notes, 2022 Notes are not fungible or 2025 Notes shall be consolidated and form a single series with such series of Notes issued on the date hereof for U.S. federal income tax purposesand shall have the same terms as to status, the additional Notes will be issued under a separate CUSIP number. Any additional Notes having redemption or otherwise as such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Third Supplemental Indenture (Scripps Networks Interactive, Inc.)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6252.300% Notes due 2015, 2020. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6253.600% Notes due 2015, 2020. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0003,000,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Third Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6256.102% Notes due 2015, 2026. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000400,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Twentieth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6255.600% Notes due 2015, 2054. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.850% Notes due 2015, 2031. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.6253.875% Senior Notes due 20152027, the 2.2504.250% Senior Notes due 2017, 2031 and the 3.5005.500% Senior Notes due 2022 and the 5.000% Notes due 20422050, each unlimited in aggregate principal amount. The 2015 2027 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,0001,350,000,000, the 2017 2031 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, 1,350,000,000 and the 2022 2050 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000800,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Additional Notes are not fungible with such Notes issued on the date hereof for U.S. United States federal income tax purposes, the additional Additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.550% Notes due 2015, 2029. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,750,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.050% Notes due 2015, 2027. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000900,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6255.900% Notes due 2015, 2024. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,300,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Nineteenth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.150% Notes due 2015, 2028. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000850,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Thirtieth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6252.950% Notes due 2015, 2022. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Floating Rate Notes due 2015, 2018. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Ninth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6251.750% Notes due 2015, 2026. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000350,000,000, which amounts amount shall be set forth in the written order of the Company Issuers for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Issuers and will rank on the same basis with all of the Issuers’ other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company Issuers may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.625“3.625% Senior Notes due 2015, 2030” and the 2.250“4.650% Senior Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 20422050,” respectively, each series unlimited in aggregate principal amount. The 2015 2030 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000 and the 2050 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms each of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.05 of the Base Indenture. In addition, the Company may, from time to time, without notice to or the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance create and issue additional Notes ranking equally and ratably with the provisions Notes of any series issued on the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes date hereof in all respects (or in all respects except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes or except for the first payment of interest following the issue date of such additional Notes); provided , so that if such additional Notes are not fungible shall be consolidated and form a single series with such series of Notes issued on the date hereof for U.S. federal income tax purposesand shall have the same terms as to status, the additional Notes will be issued under a separate CUSIP number. Any additional Notes having redemption or otherwise as such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No provided that if any such additional Notes may be are not fungible with the Notes initially issued if an Event of Default has occurred with respect to the applicable series of Noteshereunder for U.S. federal income tax purposes, such additional Notes shall have a separate CUSIP number.
Appears in 1 contract
Sources: Eighteenth Supplemental Indenture (Discovery, Inc.)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Floating Rate Notes due 2015, 2021. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000800,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Twelfth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.400% Notes due 2015, 2022. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,350,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Fourth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. The Notes are There is hereby authorized and are respectively established a new series of Securities to be issued under the Indenture, to be designated as the 1.625Company’s “2016 Series A-2 2.0% Remarketable Subordinated Notes due 2015, 2024,” (the 2.250% Notes due 2017, “Series A-2 Notes”) in the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an initial aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in 625,000,000 (as increased by an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant equal to the terms aggregate Stated Amount of Corporate Units with respect to which the underwriters of the Indenture shall be in an aggregate principal amount Corporate Units of $2,000,000,000 and which the 2042 Series A-2 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000are a part exercise their overallotment option), which amounts amount shall be set forth in the any written order orders of the Company for the authentication and delivery of the Series A-2 Notes pursuant to Section 301 2.1 of the Base IndentureIndenture and SECTION 6.1 hereof. In addition, without Any such additional Series A-2 Notes issued on account of any exercise by the consent underwriters in the Corporate Units offering of the holders of an applicable series of Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Notes having their over-allotment option will have the same ranking and the same interest rate, maturity Stated Maturity and other terms as such those initially issued and shall be consolidated with and part of the same series of Securities as the Series A-2 Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be initially issued under a separate CUSIP number. Any additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the this Twelfth Supplemental Indenture. No For the avoidance of doubt, no additional Series A-2 Notes may be issued if an Event following the Original Issue Date, except as expressly set forth in the first sentence of Default has occurred this SECTION 2.1. Following a Successful Remarketing, the Series A-2 Notes will be re-designated as a series of Securities to be known as the XX% Junior Subordinated Notes due 2024 (the “Junior Subordinated Notes”), with respect “XX” meaning the applicable Reset Rate established in the Remarketing. Following such re-designation, all references to the applicable series of NotesSeries A-2 Notes in this Twelfth Supplemental Indenture shall be deemed to be references to the Junior Subordinated Notes following such re-designation.
Appears in 1 contract
Sources: Supplemental Indenture (Dominion Resources Inc /Va/)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.650% Notes due 2015, 2024. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal which amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Sixteenth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.500% Notes due 2015, 2025. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000750,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.6253.750% Senior Notes due 20152030, the 2.2504.625% Senior Notes due 2017, 2039 and the 3.5004.875% Senior Notes due 2022 and the 5.000% Notes due 20422049, each unlimited in aggregate principal amount. The 2015 2030 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 2039 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, 500,000,000 and the 2022 2049 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,500,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Additional Notes are not fungible with such Notes issued on the date hereof for U.S. United States federal income tax purposes, the additional Additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Eighth Supplemental Indenture
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6252.850% Notes due 2015, 2018. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0002,650,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Second Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.6253.750% Senior Notes due 20152030, the 2.2504.625% Senior Notes due 2017, 2039 and the 3.5004.875% Senior Notes due 2022 and the 5.000% Notes due 20422049, each unlimited in aggregate principal amount. The 2015 2030 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 2039 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, 500,000,000 and the 2022 2049 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,500,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Additional Notes are not fungible with such Notes issued on the date hereof for U.S. United States federal income tax purposes, the additional Additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.450% Notes due 2015, 2023. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Fifteenth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.400% Notes due 2015, 2027. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6251.400% Notes due 2015, 2026. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,500,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6254.450% Notes due 2015, 2026. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0001,250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, price and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. The Notes are There is hereby authorized and are respectively established a new series of Securities to be issued under the Indenture, to be designated as the 1.625Company’s “2016 Series A-1 2.0% Remarketable Subordinated Notes due 2015, 2021,” (the 2.250% Notes due 2017, “Series A-1 Notes”) in the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an initial aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in 625,000,000 (as increased by an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant equal to the terms aggregate Stated Amount of Corporate Units with respect to which the underwriters of the Indenture shall be in an aggregate principal amount Corporate Units of $2,000,000,000 and which the 2042 Series A-1 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000are a part exercise their overallotment option), which amounts amount shall be set forth in the any written order orders of the Company for the authentication and delivery of the Series A-1 Notes pursuant to Section 301 2.1 of the Base IndentureIndenture and SECTION 6.1 hereof. In addition, without Any such additional Series A-1 Notes issued on account of any exercise by the consent underwriters in the Corporate Units offering of the holders of an applicable series of Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Notes having their over-allotment option will have the same ranking and the same interest rate, maturity Stated Maturity and other terms as such those initially issued and shall be consolidated with and part of the same series of Securities as the Series A-1 Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be initially issued under a separate CUSIP number. Any additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the this Eleventh Supplemental Indenture. No For the avoidance of doubt, no additional Series A-1 Notes may be issued if an Event following the Original Issue Date, except as expressly set forth in the first sentence of Default has occurred this SECTION 2.1. Following a Successful Remarketing, the Series A-1 Notes will be re-designated as a series of Securities to be known as the XX% Junior Subordinated Notes due 2021 (the “Junior Subordinated Notes”), with respect “XX” meaning the applicable Reset Rate established in the Remarketing. Following such re-designation, all references to the applicable series of NotesSeries A-1 Notes in this Eleventh Supplemental Indenture shall be deemed to be references to the Junior Subordinated Notes following such re-designation.
Appears in 1 contract
Sources: Supplemental Indenture (Dominion Resources Inc /Va/)
Designation and Principal Amount. The Notes (a) There are hereby authorized and are respectively designated two series of Notes: the 1.6254.800% Senior Notes due 2015, 2031 and the 2.2505.500% Senior Notes due 2017, 2035. Each series of Notes may be authenticated and delivered under the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 2031 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 650,000,000. The 2035 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000850,000,000. In the case of each series of Notes, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts thereof shall be set forth in the written order of the Company for the authentication and delivery of the such Notes pursuant to Section 301 of the Base Indenture. In additionThe Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) The Company may from time to time, without notice to or the consent of the holders Holders of an applicable any series of the Notes, the Company may issue, from time to time in accordance create and issue Additional Notes of any series ranking equally and ratably with the provisions of the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes (in all respects, or in all respects except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date or except for the first payment of interest following the issue date of such additional Additional Notes); provided that if such additional Additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposespurposes with the Notes of the applicable series, the additional such Additional Notes will be issued under have a separate CUSIP different CUSIP, ISIN and/or any other identifying number. Any additional Such Additional Notes having such similar termswill have the same terms as to status, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No additional Notes may be issued if an Event of Default has occurred with respect to redemption or otherwise as the applicable series of Notes, and will vote together as one class on all matters with respect to such series of Notes.
Appears in 1 contract
Sources: Third Supplemental Indenture (GE HealthCare Technologies Inc.)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6251.800% Notes due 2015, 2028. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000750,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.02 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Notes due 2015, the 2.2502.450% Notes due 2017, . The Notes may be authenticated and delivered under the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,0002,250,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: First Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. The 2013 Notes are hereby authorized and are respectively designated the 1.6255.65% Senior Notes due 20152013, the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each unlimited in aggregate principal amount. The 2015 2013 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an aggregate principal amount of $1,000,000,000300,000,000, which amount shall be set forth in the written order of the Company for the authentication and delivery of the 2013 Notes pursuant to Section 3.03 of the Base Indenture. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, additional 2013 Notes having the same terms and conditions as the 2013 Notes issued on the date hereof in all respects (except for the payment of interest accruing prior to the issue date of such additional 2013 Notes), so that such additional 2013 Notes shall be consolidated and form a single series with the 2013 Notes issued on the date hereof and shall be governed by the terms of this Indenture. The 2017 Notes are hereby authorized and are designated the 6.05% Senior Notes due 2017, unlimited in aggregate principal amount. The 2017 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an aggregate principal amount of $1,000,000,000450,000,000, which amount shall be set forth in the written order of the Company for the authentication and delivery of the 2017 Notes pursuant to Section 3.03 of the Base Indenture. In addition, the 2022 Company may issue, from time to time in accordance with the provisions of this Indenture, additional 2017 Notes having the same terms and conditions as the 2017 Notes issued on the date hereof in all respects (except for the payment of interest accruing prior to the issue date of such additional 2017 Notes), so that such additional 2017 Notes shall be consolidated and form a single series with the 2017 Notes issued on the date hereof and shall be governed by the terms of this Indenture. The 2037 Notes are hereby authorized and are designated the 6.65% Senior Notes due 2037, unlimited in aggregate principal amount. The 2037 Notes issued on the date hereof pursuant to the terms of the this Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000350,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 3.03 of the Base Indenture. In addition, without the consent of the holders of an applicable series of Notes, the Company may issue, from time to time in accordance with the provisions of the this Indenture, additional 2037 Notes having the same ranking terms and conditions as the same interest rate, maturity and other terms as such series of 2037 Notes issued on the date hereof in all respects (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional 2037 Notes); provided , so that if such additional 2037 Notes are not fungible shall be consolidated and form a single series with such the 2037 Notes issued on the date hereof for U.S. federal income tax purposes, and shall be governed by the additional Notes will be issued under a separate CUSIP number. Any additional Notes having such similar terms, together with the applicable series terms of Notes issued on the date hereof, shall constitute a single series of notes under the this Indenture. No additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: First Supplemental Indenture (United States Steel Corp)
Designation and Principal Amount. The Notes are hereby authorized and are respectively designated the 1.625“2.750% Senior Notes due 2015, 2019,” the 2.250“2.800% Senior Notes due 2017, 2020,” the “3.500% Senior Notes due 2022 2022,” the “3.900% Senior Notes due 2024” and the 5.000“3.950% Senior Notes due 20422025,” respectively, each series unlimited in aggregate principal amount. The 2015 2019 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000393,487,000, the 2017 2020 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000542,304,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and 345,894,000, the 2042 2024 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000476,725,000 and the 2025 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $488,512,000, each of which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 2.05 of the Base Indenture. In addition, the Company may, from time to time, without notice to or the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance create and issue additional Notes ranking equally and ratably with the provisions Notes of any series issued on the Indenture, additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of Notes date hereof in all respects (or in all respects except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes or except for the first payment of interest following the issue date of such additional Notes); provided , so that if such additional Notes are not fungible shall be consolidated and form a single series with such series of Notes issued on the date hereof for U.S. federal income tax purposesand shall have the same terms as to status, the additional Notes will be issued under a separate CUSIP number. Any additional Notes having redemption or otherwise as such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes under the Indenture. No provided that if any such additional Notes may be are not fungible with the Notes initially issued if an Event of Default has occurred with respect to the applicable series of Noteshereunder for U.S. federal income tax purposes, such additional Notes shall have a separate CUSIP number.
Appears in 1 contract
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.625% Notes due 2015, the 2.250% Notes due 2017, 2023. The Notes may be authenticated and delivered under the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal which amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000, which amounts shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Thirteenth Supplemental Indenture (Hewlett Packard Enterprise Co)
Designation and Principal Amount. (a) The Notes are hereby authorized and are respectively designated the 1.6251.750% Notes due 2015, 2026. The Notes may be authenticated and delivered under the 2.250% Notes due 2017, the 3.500% Notes due 2022 and the 5.000% Notes due 2042, each Indenture in an unlimited in aggregate principal amount. The 2015 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2017 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $1,000,000,000, the 2022 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000 and the 2042 Notes issued on the date hereof pursuant to the terms of the Indenture shall be in an aggregate principal amount of $2,000,000,000750,000,000, which amounts amount shall be set forth in the written order of the Company for the authentication and delivery of the Notes pursuant to Section 301 of the Base Indenture. The Notes will be senior unsecured obligations of the Company and will rank on the same basis with all of the Company’s other senior unsecured indebtedness from time to time outstanding.
(b) In addition, without the consent of the holders Holders of an applicable series of the Notes, the Company may issue, from time to time in accordance with the provisions of the Indenture, additional Additional Notes having the same ranking and the same interest rate, maturity and other terms as such series of the Notes (except for the issue date, issue price, and, in some cases, the first payment of interest or interest accruing prior to the issue date of such additional Additional Notes); provided that if such additional Notes are not fungible with such Notes issued on the date hereof for U.S. federal income tax purposes, the additional Notes will be issued under a separate CUSIP number. Any additional Additional Notes having such similar terms, together with the applicable series of Notes issued on the date hereof, shall constitute a single series of notes Notes under the Indenture. Additional Notes of a series may only bear the same CUSIP number if they would be fungible for United States federal income tax purposes with the existing Notes of that series. No additional Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the applicable series of Notes.
Appears in 1 contract
Sources: Eighteenth Supplemental Indenture (Hewlett Packard Enterprise Co)