Issuance of Additional Notes. The Company shall be entitled to issue, from time to time, Additional Notes of any series under this Indenture, which shall have identical terms as the Notes of such series issued on the initial Issue Date for such series (in each case, other than with respect to the date of issuance, the issue price, the amount of interest payable on the first payment date applicable thereto and any changes necessary to conform to and ensure compliance with the Securities Act (or other applicable securities laws)), as the case may be; provided that if the Additional Notes are not fungible with the Notes of such series for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate, copies of which shall be delivered to the Trustee, the following information: (i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and (ii) the issue price, the Issue Date and the “CUSIP” and “ISIN” number of any such Additional Notes and the amount of interest payable on the first payment date applicable thereto.
Appears in 6 contracts
Sources: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)
Issuance of Additional Notes. The Company shall be entitled to issue, from time to time, Additional Notes of any series under this Indenture, which shall have identical terms as the Initial Notes of such series issued on the initial Issue Date for such series (in each case, other than with respect to the date of issuance, the issue price, the amount of interest payable on the first payment date applicable thereto and any changes necessary to conform to and ensure compliance with the Securities Act (or other applicable securities laws)), as the case may be; provided that if the Additional Notes are not fungible with the Notes of such series for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate, copies of which shall be delivered to the Trustee, the following information:
(i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and
(ii) the issue price, the Issue Date and the “CUSIP” and “ISIN” number of any such Additional Notes and the amount of interest payable on the first payment date applicable thereto.
Appears in 6 contracts
Sources: Fifth Supplemental Indenture (Southwest Gas Corp), Fourth Supplemental Indenture (Southwest Gas Corp), Third Supplemental Indenture (Southwest Gas Corp)
Issuance of Additional Notes. The Company shall be entitled entitled, upon delivery to issuethe Trustee of an Officers’ Certificate, from time Opinion of Counsel and Authentication Order, to time, issue Additional Notes of any series under this Indenture, Indenture which shall have identical terms as the Initial Notes of such series issued on the initial Issue Date for such series (in each caseDate, other than with respect to the date of issuance, the issuance and issue price, the amount of interest payable . The Initial Notes issued on the first payment date applicable thereto Issue Date and any changes necessary to conform to and ensure compliance with the Securities Act (or other applicable securities laws)), Additional Notes issued shall be treated as the case may bea single class for all purposes under this Indenture; provided that if the any such Additional Notes that are not fungible with the Initial Notes of such series for U.S. United States federal income tax purposes, purposes will be issued with a different CUSIP number than the Additional Notes will have a separate CUSIP numbernumber issued with respect to the Initial Notes. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate, copies a copy of each which shall be delivered to the Trustee, the following information:
(ia) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and
(iib) the issue price, the Issue Date issue date and the “CUSIP” and “ISIN” CUSIP number of any such Additional Notes and the amount of interest payable on the first payment date applicable theretoNotes.
Appears in 5 contracts
Sources: Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy, Inc.)
Issuance of Additional Notes. The Company shall will be entitled to issueentitled, from time to time, subject to its compliance with Section 5.09, without consent of the Holders, to issue Additional Notes of any series under this Indenture, which shall have Indenture with identical terms as the Initial Notes of such series issued on the initial Issue Date for such series (in each case, other than with respect to (i) the date of issuance, (ii) the issue price, (iii) the amount of interest payable on the first interest payment date applicable thereto and (iv) any changes necessary adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws)), as the case may be; provided that if the Additional Notes are not fungible ) or to reflect differences with the Notes of such series respect to original issue discount for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall will set forth in a Board Resolution and an Officers’ CertificateCertificate pursuant to a resolution of the Board of Directors of the Company, copies of which shall be delivered to the Trustee, the following information:
(i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and
(ii) the issue price, the Issue Date issue date and the “CUSIP” and “ISIN” CUSIP number of any such Additional Notes and the amount of date on which interest payable on the first payment date applicable theretosuch Additional Notes shall begin to accrue.
Appears in 3 contracts
Sources: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)
Issuance of Additional Notes. The Company shall be entitled to issue, from time to time, Additional Notes of any series under this Indenture, which shall have identical terms as the Notes of such series issued on the initial Issue Date for such series (in each case, other than with respect to the date of issuance, the issue price, the price and amount of interest payable on the first payment date applicable thereto and any changes necessary to conform to and ensure compliance with the Securities Act (or other applicable securities laws)thereto), as the case may be; provided that if the Additional Notes are not fungible with the Notes of such series for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate, copies of which shall be delivered to the Trustee, the following information:
(i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and
(ii) the issue price, the Issue Date and the “CUSIP” and “ISIN” number of any such Additional Notes and the amount of interest payable on the first payment date applicable thereto.
Appears in 2 contracts
Sources: Indenture (Whole Foods Market Inc), Indenture (Whole Foods Market Inc)
Issuance of Additional Notes. The Company shall be entitled to issue, from time to time, Additional Notes of any series under this Indenture, which shall have identical terms as the Notes of such series issued on the initial Issue Date for such series (in each case, other than with respect to the date of issuance, the issue price, the price and amount of interest payable on the first payment date applicable thereto and any changes necessary to conform to and ensure compliance with the Securities Act (or other applicable securities laws)thereto), as the case may be; provided that if the Additional Notes are not fungible with the Notes of such series for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate, copies of which shall be delivered to the Trustee, the following information:
(i1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and
(ii2) the issue price, the Issue Date and the “CUSIP” and “ISIN” number of any such Additional Notes and the amount of interest payable on the first payment date applicable thereto.
Appears in 2 contracts
Sources: Indenture (Ralph Lauren Corp), Indenture (Ralph Lauren Corp)
Issuance of Additional Notes. The Company shall will be entitled to issueentitled, from time to time, subject to its compliance with Section 5.09, without consent of the Holders, to issue Additional Notes of any series under this Indenture, which shall have Indenture with identical terms as the Initial Notes of such series issued on the initial Issue Date for such series (in each case, other than with respect to (i) the date of issuance, (ii) the issue price, (iii) the amount of interest payable on the first interest payment date applicable thereto and (iv) any changes necessary adjustments in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws)), as the case may be; provided that if the Additional Notes are not fungible ) or to reflect differences with the Notes of such series respect to original issue discount for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number. With respect to any Additional Notes, the Company shall will set forth in an Officer’s Certificate pursuant to a resolution of the Board Resolution and an Officers’ Certificateof Directors of the Company, copies of which shall be delivered to the Trustee, the following information:
(i) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to this Indenture; and
(ii) the issue price, the Issue Date issue date and the “CUSIP” and “ISIN” CUSIP number of any such Additional Notes and the amount of date on which interest payable on the first payment date applicable theretosuch Additional Notes shall begin to accrue.
Appears in 2 contracts
Sources: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)