Indenture and Guarantees. The Company issued the Securities under an Indenture dated as of June 28, 2001 (the "INDENTURE") between the Company and the Trustee. The terms of the Securities are more fully stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb) (the "ACT"), as in effect on the date of the Indenture. The Securities are subject to all such terms, and Holders are referred to the Indenture and the Act A-5 for a statement of such terms. The Securities are general unsecured senior obligations of the Company unlimited in aggregate principal amount, of which $250 million will be issued in the Offering, and unlimited additional amounts may be issued after the Issuance Date (except for Securities issued in substitution for destroyed, mutilated, lost or stolen Securities). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities is guaranteed (each, a "GUARANTEE"), on a senior basis, jointly and severally, by each of the Guarantors pursuant to Article Ten of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor.
Appears in 1 contract
Sources: Indenture (Schuler Homes Inc)
Indenture and Guarantees. The Company issued the Securities under an Indenture dated as of June 28, 2001 (the "INDENTURE") between the Company and the Trustee. The terms of the Securities are more fully stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb) (the "ACT"), as in effect on the date of the Indenture. The Securities are subject to all such terms, and Holders are referred to the Indenture and the Act A-5 for a statement of such terms. The Securities are general unsecured senior obligations of the Company unlimited in aggregate principal amount, of which $250 150 million will be issued in A-5 the Offering, and unlimited additional amounts may be issued after the Issuance Date (except for Securities issued in substitution for destroyed, mutilated, lost or stolen Securities). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities is guaranteed (each, a "GUARANTEE"), on a senior subordinated basis, jointly and severally, by each of the Guarantors pursuant to Article Ten Eleven of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor.
Appears in 1 contract
Sources: Indenture (Schuler Homes Inc)
Indenture and Guarantees. [This Security in one of a duly authorized issue of [Series A] [Series B] Securities of the Company designated as its 9 3/8% Senior Subordinated Notes due 2007.] The Company shall be entitled to issue Additional Securities pursuant to Section 2.15 of the Indenture; provided that such issuance is not prohibited by Section 4.04 of the Indenture. The Series A Securities issued on August 24, 1999, any Additional Securities, and any Series B Securities issued pursuant to the Indenture, are treated as a single class of securities under the Indenture. The Company issued the Securities under an Indenture Indenture, dated as of June 28August 24, 2001 1999 (the "INDENTUREIndenture") between ), among the Company, Fedders Corporation, a Delaware corporation and the sole stockholder of the Company (the "Guarantor"), and the Trustee. Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. The terms of the Securities are more fully include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended 1939 (15 U.S. Code Sections 77aaa-77bbbbU.S.C. ss.s▇. ▇▇aaa-77bbbb) (the "ACTTIA"), as in effect on the date of the IndentureIndenture until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. The Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and Holders holders of Securities are referred to the Indenture and the Act A-5 TIA for a statement of such termsthem. The Securities are general unsecured senior obligations of the Company unlimited limited in aggregate principal amountamount to $100,000,000, [of which only $250 million will be 50,000,000 are being initially issued on August 24, 1999 in the Offering, and unlimited additional amounts may be issued after the Issuance Date (except for Securities issued in substitution for destroyed, mutilated, lost or stolen form of Series A Securities). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities is guaranteed (each, a "GUARANTEE"), on a senior basis, jointly and severally, by each of the Guarantors pursuant to Article Ten of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor].
Appears in 1 contract
Indenture and Guarantees. The Company issued the Securities Notes under an Indenture dated as of June 28April 23, 2001 2002 (the "INDENTUREIndenture") between among the Company Company, the Guarantors and the Trustee. The terms of the Securities Notes are more fully stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb) (the "ACT"), as in effect on the date of the IndentureIndenture (the "TIA"). The Securities Notes are subject to all such terms, and Holders are referred to the Indenture and the Act A-5 TIA for a statement of such terms. The Securities Notes are general unsecured senior obligations of the Company unlimited in aggregate principal amountlimited to $475.0 million, of which $250 200.0 million will be issued in the Offering, and unlimited additional amounts the remaining $275.0 million may be issued after the Issuance Issue Date (except for Securities Notes issued in substitution for destroyed, mutilated, lost or stolen SecuritiesNotes). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities Notes is guaranteed (each, a "GUARANTEENote Guarantee"), on a senior basis, jointly and severally, by each of the Guarantors pursuant to Article Ten 10 of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor.
Appears in 1 contract
Indenture and Guarantees. The Company issued the Securities Notes ------------------------ under an Indenture dated as of June 28February 1, 2001 2002 (the "INDENTUREIndenture") between the --------- Company and the Trustee. The terms of the Securities Notes are more fully stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code Sections 77aaa-77bbbb) (the "ACT"), as in effect on the date of the IndentureIndenture (the "TIA"). The Securities Notes are subject to all --- such terms, and Holders are referred to the Indenture and the Act A-5 TIA for a statement of such terms. The Securities Notes are general unsecured senior subordinated obligations of the Company unlimited in aggregate principal amount, of which $250 175.0 million will be issued in the Offering, and unlimited additional amounts may be issued after the Issuance Issue Date (except for Securities Notes issued in substitution for destroyed, mutilated, lost or stolen SecuritiesNotes). Terms used herein which are defined in the Indenture have the meanings assigned to them in the Indenture. Payment on the Securities Notes is guaranteed (each, a "GUARANTEENote Guarantee"), on a -------------- senior subordinated basis, jointly and severally, by each of the Guarantors pursuant to Article Ten 11 of the Indenture. In addition, the Indenture requires the Company to cause any Subsidiary which is designated as a Restricted Subsidiary to be made a Guarantor, and provides that, at the Company's discretion, any Unrestricted Subsidiary may be made a Guarantor.
Appears in 1 contract
Sources: Indenture (Us Oncology Inc)