Common use of Further Issuance Clause in Contracts

Further Issuance. Notwithstanding anything to the contrary contained herein or in the Indenture, the Company may, from time to time, without the consent of or notice to the Holders, create and issue further debt securities having the same interest rate, maturity and other terms (except for the issue date, the public offering price and the first Interest Payment Date) as, ranking equally and ratably with, the Notes (the “Additional Notes”). Such additional Notes shall be consolidated with and shall form a single series with the previously outstanding Notes, including for purposes of voting and redemptions, and shall be fungible with the Notes for United States federal income tax purposes or will have a separate CUSIP number than the Notes. No Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the Notes.

Appears in 2 contracts

Sources: Supplemental Indenture (Paragon Shipping Inc.), Supplemental Indenture (Scorpio Bulkers Inc.)

Further Issuance. Notwithstanding anything to the contrary contained herein or in the Base Indenture, the Company may, from time to time, without with the prior written consent of or notice to the HoldersHolders of not less than a majority in principal amount of the Outstanding Notes, create and issue further debt securities having the same interest rate, maturity and other terms (except for the issue date, the public offering price and the first Interest Payment Date) as, ranking equally and ratably with, the Notes. Additional Notes (the “Additional Notes”). Such additional Notes issued in this manner shall be consolidated with and shall form a single series with the previously outstanding Notes, including for purposes of voting and redemptions, Notes and shall be fungible with the Notes for United States federal income tax purposes or will have a separate CUSIP number than the Notespurposes. No Additional Notes such additional securities may be issued if an Event of Default has occurred and is continuing with respect to the Notes.

Appears in 2 contracts

Sources: Supplemental Indenture (Seaspan CORP), Second Supplemental Indenture (Seaspan CORP)

Further Issuance. Notwithstanding anything to the contrary contained herein or in the Indenture, the Company may, from time to time, without the consent of or notice to the Holders, create and issue further debt securities having the same interest rate, maturity and other terms (except for the issue date, the public offering price and the first Interest Payment Date) as, ranking equally and ratably with, the Notes (the "Additional Notes"). Such additional Notes shall be consolidated with and shall form a single series with the previously outstanding Notes, including for purposes of voting and redemptions, and shall be fungible with the Notes for United States federal income tax purposes or will have a separate CUSIP number than the Notes. No Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the Notes.

Appears in 1 contract

Sources: Supplemental Indenture (Scorpio Tankers Inc.)

Further Issuance. Notwithstanding anything to the contrary contained herein or in the Indenture, the Company may, from time to time, without the consent of or notice to the Holders, create and issue further debt securities having the same interest rate, maturity and other terms (except for the issue date, the public offering price and the first Interest Payment Date) as, ranking equally and ratably with, the Notes (the “Additional Notes”). Such additional Additional Notes shall be consolidated with and shall form a single series with the previously outstanding Notes, including for purposes of voting and redemptions, and shall be fungible with the Notes for United States federal income tax purposes or will have a separate CUSIP number than the Notes. No Additional Notes may be issued if an Event of Default has occurred and is continuing with respect to the Notes.

Appears in 1 contract

Sources: Supplemental Indenture (Global Ship Lease, Inc.)