Issuance of 2017 Notes Sample Clauses

Issuance of 2017 Notes. The 2017 Notes in the aggregate principal amount of US$300,000,000 shall be executed by the requisite officers of the Company and delivered by the Company to the Trustee on the date of issue for authentication and delivery pursuant to and in accordance with the provisions of Section 303 of the Original Indenture and, upon the requirements of such provisions being complied with, the 2017 Notes shall be authenticated by or on behalf of the Trustee and delivered by it to or upon the Company Order of the Company without any further act or formality on the part of the Company. The Trustee shall have no duty or responsibility with respect to the use or application of any of the 2017 Notes so certified and delivered or the proceeds thereof.
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Issuance of 2017 Notes. Pursuant to the terms of the 2017 Note Agreement, the Company has issued and sold to the 2017 Notes Purchasers (as defined in the 2017 Note Agreement) $325,000,000 aggregate original principal amount of its 5.625% Senior Secured Notes due August 11, 2024 (the “2017 Notes”). After giving effect to the scheduled prepayments previously made pursuant to Section 8.1(a), $260,000,000 aggregate principal amount of the 2017 Notes is outstanding as of the date of this Agreement. $103,680,000 aggregate principal amount of the currently outstanding amount of the 2017 Notes held by certain of the original holders of the 2017 Notes will be prepaid in full (the “Non-Rolling Notes Prepayment”) on or prior to the Closing Date (as defined below), and $156,320,000 aggregate principal amount of the currently outstanding amount of the 2017 Notes held by the holders of the 2017 Notes whose names appear at the end of this Agreement will remain outstanding, and such holders have elected to continue to hold their 2017 Notes under and pursuant to the terms of this Agreement, as it amends and restates the 2017 Note Agreement. The Purchasers hereby consent to the Non-Rolling Notes Prepayment not being allocated among all of the 2017 Notes that are outstanding at the time of the making of such partial prepayment of the 2017 Notes, as otherwise required under Section 8.3. The 2017 Notes are also collectively referred to herein as the “Notes”. Notes that have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, (v) the same interest payment periods, and (vi) the same date of issuance (which, in the case of a Note issued in exchange for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes. The 2017 Notes are the sole Series of Notes outstanding on the date hereof. Certain capitalized and other terms used in this Agreement are defined in Schedule A and, for purposes of this Agreement, the rules of construction set forth in Section 22.4 shall govern.
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Related to Issuance of 2017 Notes

  • Issuance of Notes The Owner Trustee is hereby authorized and directed on behalf of the Trust to execute, issue and deliver the Notes pursuant to the Indenture.

  • Original Issuance of Notes Section 2.01 Form........................................................... Section 2.02 Execution, Authentication and Delivery.........................

  • Issuance of Debt On the date of receipt by Holdings or any of its Subsidiaries of any Cash proceeds from the incurrence of any Indebtedness of Holdings or any of its Subsidiaries (other than with respect to any Indebtedness permitted to be incurred pursuant to Section 6.1), the Borrower shall prepay the Loans in an aggregate amount equal to 100% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses.

  • Issuance of Additional Notes The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each which shall be delivered to the Trustee, the following information: (1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; (2) the issue price, the issue date and the “CUSIP”, “ISIN” or other similar identification numbers of such Additional Notes; (3) whether such Additional Notes shall be Transfer Restricted Notes and issued in the form of Initial Notes as set forth in the Appendix to this Indenture or shall be issued in the form of Exchange Notes as set forth in Exhibit B to the Appendix; and (4) if any Additional Notes are not fungible with any of the Notes then outstanding for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number.

  • Issuance of Bonds Subject to the satisfaction of and compliance with all of the provisions, covenants and requirements of this Agreement, in order to provide funds for the payment of the Project Costs, the Issuer has authorized the issuance and delivery of the Bonds to the Initial Purchaser in accordance with the Indenture.