Further Issue Sample Clauses

Further Issue. Québec may from time to time, without notice to or the consent of the holders of the Notes, create and issue further notes having the same terms and conditions as the Notes (or in all respects except for the payment of interest accruing prior to the issue date of such further notes or except for the first payment of interest thereon), and, provided that such further notes are fungible with the outstanding Notes for United States federal income tax, such further notes shall be consolidated and form a single series with the outstanding Notes. Any further notes forming a single series with the outstanding Notes shall be issued with the benefit of, and subject to, an agreement supplemental to, the Fiscal Agency Agreement.

Further Issue. In each case, any Offered Securities not subscribed for by the Offerees or other person or persons in accordance with Section 4.5(c)(iii) above may not be issued or otherwise disposed of until they are again offered to the Offerees under the procedures specified in Section 4.5(c)(i)-(iii) above.

Further Issue. These notes will be issued as additional notes and will constitute part of the same series as, vote together as a single class with, and be fungible with the US$1,250,000,000 9.50% Senior Secured Notes due 2016 originally issued on December 14, 2009 Format 144A Global Notes / Regulation S Global Notes Global Coordinator Banc of America Securities LLC Joint Bookrunners Banc of America Securities LLC Barclays Capital Inc. Citigroup Capital Markets Inc. ▇.▇. ▇▇▇▇▇▇ Securities Inc. Identifiers (144 A Notes) CUSIP 12516U AA3 ISIN US12516UAA34 Identifiers (Reg S Notes) CUSIP U12763 AB1 (temporary) ISIN USU12763AB10 (temporary) CUSIP U12763 AA3 ISIN USU12763AA37 Issue amount U.S.$500,000,000 Settlement date January 19, 2010 Final maturity December 14, 2016 Interest payment June 14 and December 14, beginning on June 14, 2010 Day count convention 360-day year consisting of twelve 30-day months Coupon 9.500% Issue price 105.250% of principal amount, plus accrued interest from December 14, 2009 (106.173611% including accrued interest) Issue yield to Maturity 8.477% Optional Redemption • Make-whole call prior to December 14, 2013, at greater of (1) 100% of principal amount of the Notes, and (2) a Make-Whole Amount. • On or after December 14, 2013, at the prices indicated below for a redemption during the twelve-month period beginning on December 14 of each of the years indicated below: 2013 104.750% 2014 102.375% 2015 and thereafter 100.000% • Prior to December 14, 2012, redemption of up to 35% of original principal amount at 109.500% of principal amount of the Notes with proceeds from equity offerings. • In the event of certain changes in the withholding tax treatment relating to payments on the Notes, at 100% of their principal amount. The Issuer shall not have the right to exercise any optional redemption at any time when the Issuer is prohibited from exercising such an option under the Financing Agreement. Use of Proceeds The estimated net proceeds from the offering of the Notes will be approximately U.S.$527.6 million. The Issuer intends to use U.S.$411 million of the net proceeds from the offerings to repay indebtedness outstanding under the Financing Agreement and the remaining net proceeds for general corporate purposes, which may include additional repayments of indebtedness, including indebtedness under the Financing Agreement. CEMEX’s total secured indebtedness will increase by approximately U.S.$116.6 million as a result of cash proceeds from the offering ...

Further Issue. 16.1 The Issuer may from time to time, without the consent of the Holders, create and issue further Permitted Debentures to fund the Project under a debenture deed provided that that debenture deed has the same terms and conditions in all respects as contained in this Deed except for: (a) the length of the first and last Cash Return Period; (b) the size of the first and last Cash Return; (c) the dates of Cash Return Periods (but not the length of those peri- ods other than the first and last such periods); (d) the percentage split payable in relation to the semi-annual pay- ments of interest and principal for the two semi-annual Cash Return Periods as contemplated in clause 8.1 and 9.3 of this Deed; and (e) at the time the debenture deed is entered into for that Permitted Debenture, the Issuer has satisfied itself (acting reasonably and in good faith) that the scheduled payments of principal and interest for that Permitted Debenture are serviceable from the anticipated Relevant Surplus (or the equivalent concept in that debenture deed) throughout the term of that Permitted Debenture without the need to draw on the Reserve (howsoever described).

Further Issue. The Issuer may from time to time with the written consent of each Bondholder create and issue further bonds in excess of the aggregate principal amount of HK$20,000,000 having terms and conditions the same as those of the Bonds, or the same except for the amount and date of the first payment of interest, which may be consolidated and form a single series with the outstanding Bonds.

Further Issue. The Issuer shall be at liberty from time to time without the consent of the holders of the Notes to create and issue further notes ranking equally in all respects (or in all respects save for the first payment of interest thereon) and such further notes shall be consolidated and form a single series with the outstanding Notes. Any further notes forming a single series with the outstanding Notes shall be issued with the benefit of, and subject to, an agreement supplemental to the Fiscal Agency Agreement.

Further Issue. 7.1 Subject to Clause 2.17, any decision pertaining to the availing of further financing for the Company whether through increase in the share capital of the Company or through debt financing shall not be undertaken without the prior approval of the Board and in the manner as decided by the Board.

Further Issue. No Additional Debentures may be created or issued by the Issuer without the consent of the Agent.