Original Issuance Sample Clauses

Original Issuance. Except as provided in Section 12.2(B), upon the assignment of Units to the Stockholders and the deposit of the Certificate evidencing the Units in accordance with Section 12.2 hereof, the Depositary shall, in accordance with the Plan and the Depositary Agreement, issue to each Assignee one or more Depositary Receipts evidencing the ownership of a number of Depositary Units equal to the number of Units assigned to such Assignee and shall mail or deliver such Depositary Receipt or Receipts to such Stockholder at his address as shown on the above list. Any such Assignee may become a Substituted Limited Partner in the manner provided in Section 15.1.

Original Issuance. 15 SECTION 3.18

Original Issuance. There shall be issued to the Member one hundred (100) Units.

Original Issuance. The following provisions shall apply to the issuance of Standby Instruments under the Credit Facilities: (a) The Borrower may request a Lender to issue a Standby Instrument in Canadian Dollars or US Dollars or, with the prior consent of the Agent and that Lender, any other currency. Standby Instruments with an initial Outstanding Amount of CAD1,000,000 or less shall be issued by the Swing Line Lender under the Swing Line. Letters of Guarantee and Standby Letters of Credit with an initial Outstanding Amount equal to or greater than CAD1,000,000 shall be issued under the Revolving Facility by a Lender selected by the Borrower after consultation with the Agent. (b) The aggregate Outstanding Amount of all Standby Instruments under the Swing Line and the Revolving Facility together may not exceed CAD3,000,000 at any time. (c) Following the occurrence of a Default, the Issuing Bank shall also have the right, in its sole discretion, (i) to amend any Standby Instrument or (ii) with the consent of the Required Lenders, to renew or extend the expiry date of any Standby Instrument. (d) The Borrower may not request the issuance of any Standby Instrument if (i) the aggregate Outstanding Amount of all Advances under the Swing Line would, after the issuance of the Standby Instrument in question, exceed the Swing Line Amount or (ii) the aggregate Outstanding Amount of all Advances under the Revolving Facility would, after the issuance of the Standby Instrument in question, exceed the Total Revolving Commitment. (e) The Borrower shall deliver to the Agent a Borrowing Request for any requested Standby Instrument and attach the proposed form and content of such Standby Instrument no less than three (3) Business Days before the requested issuance of the Standby Instrument. Such Borrowing Request must comply with the provisions of this Section 4.1 and specify (i) the stated amount of the Standby Instrument requested, (ii) the requested date of issuance of such Standby Instrument, which must be a Business Day falling within the Availability Period, (iii) the date on which such requested Standby Instrument is to expire, which must be before the Maturity Date, unless the Required Lenders consent to a later expiry date, and (iv) whether the requested Standby Instrument is a Documentary Credit, Letter of Guarantee or Standby Letter of Credit. Upon request from the Issuing Bank, the Borrower shall also execute and deliver such application, indemnity and other documents as the Issuin...

Original Issuance. The Agent shall complete and register Share certificates for original issues of Shares upon receipt of: 1) a requisition from the Company or its designee setting forth with respect to each Shareholder; a) the name, address and, if available, tax identification number of the Shareholder; b) the number of Shares to be issued; c) the date of issue; d) delivery instructions; e) if the Shares are listed as Reserve for Future Issuance Under Existing Agreements in Schedule A annexed hereto, the identity of the agreement pursuant to which they are being issued; and f) all necessary information and instructions with respect to "Stop Orders", legending, and other transfer limitations, if any. 2) an opinion of counsel, which opinion may be issued by in-house legal counsel of Delaware Management Company, Inc., in substance to the effect that: a) the Company is a duly incorporated and existing corporation in good standing under the laws of the State of its incorporation; b) the Shares to be issued have been duly authorized and when issued as requisitioned, will be validly issued, fully paid and nonassessable; c) the Shares to be issued have been duly registered under the Securities Act of 1933, as amended, and such registration has become effective, or that no registration is required, stating the basis therefor; and have been duly registered under the Securities Exchange Act of 1934, as amended, or that no such registration is required, stating the basis therefor; d) the Shares to be issued may be freely transferred; and e) the issuance of the Shares to be issued will not conflict with, violate, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, the charter or By-laws of the Company, any law or regulation, any order or decree of any court or public authority having jurisdiction, or any mortgage, indenture, contract, agreement or undertaking known to counsel to which the Company is a party or by which it is bound. 3) The Agent shall notify each co-Transfer Agent and each co-Registrar, if any, of each original issue of Share certificates by it. 4) The Agent shall notify the Company in case any proposed issue of shares by the Company would result in an over-issue as defined by Section 8-104(2) of the Uniform Commercial Code and in such event, shall refuse to credit such shares and shall not countersign and issue certificates for such shares.

Original Issuance. On the Issue Date, the Bank shall issue: (i) the Authority Letter of Credit in favor of the Trustee with respect to the Authority Bonds in the Maximum Stated Amount of Eight Million One Hundred Fifty Thousand Dollars ($8,150,000); and (ii) the Council Letter of Credit in favor of the Trustee with respect to the Council Bonds in the Maximum Stated Amount of Three Million Fifty-Six Thousand Two Hundred Fifty Dollars ($3,056,250).

Original Issuance. Cybernetics shall issue for the Stock to be acquired by exchange hereunder a total of 7,000,000 shares of its Common Stock. That is, holders of the 2,000,000 currently issued and outstanding shares of no par Common Stock of TPI will receive three and one third shares of Cybernetics for each share of TPI surrendered for exchange. Cybernetics shall also issue 1,000,000 to 1,200,000 shares to new investors who will purchase shares of Cybernetics in a private placement as described in paragraph IX below. (see Exhibit "A")

Original Issuance. On the Original Closing Date (as defined below), the Company shall issue to Genentech a number of shares of Common Stock (the "Original Issuance Shares") equal to the lesser of: (i) $2,000,000 divided by the Original Issuance Price (as defined below) or (ii) 9.5% of the Company's total outstanding shares of Common Stock as of the close of business on the third trading day before the Original Closing Date (each such number of shares to be rounded to the nearest whole number). Such issuance shall be referred to herein as the "Original Issuance."

Original Issuance. The Health Care Notes shall be authenticated and delivered by the Trustee to or upon the order of the Issuer on the Closing Date, in an aggregate principal amount not to exceed $50,000,000, and shall be dated their date of authentication. The Health Care Notes shall be issued in the minimum denominations set forth herein and in the Indenture.