Subsequent Series of Notes Clause Samples

The "Subsequent Series of Notes" clause defines how future issuances of convertible notes by a company will interact with existing notes. Typically, this clause ensures that if the company issues additional convertible notes after the initial round, the terms of those new notes—such as interest rate, discount, or valuation cap—will be at least as favorable as those given to earlier investors. For example, if a later investor receives a better conversion discount, the earlier noteholders may automatically receive the same improved terms. This clause protects early investors from being disadvantaged by more favorable terms offered in subsequent financing rounds, ensuring fairness and maintaining investor confidence.
Subsequent Series of Notes. The Company has authorized and will create a Subsequent Series of Notes to be called the “Series Notes.” Said Series Notes will be dated the date of issue; will bear interest (computed on the basis of a 360-day year of twelve 30-day months) from such date at the rate of % per annum, payable semiannually in arrears on the day of each and in each year (commencing , ) until the principal amount thereof shall become due and payable and shall bear interest on overdue principal (including any overdue optional prepayment of principal) and premium, if any, and, to the extent permitted by law, on any overdue installment of interest at the rate specified therein after the date due for payment, whether by acceleration or otherwise, until paid; will be expressed to mature on , ; and will be substantially in the form attached to the Agreement as Exhibit 1.5 with the appropriate insertions to reflect the terms and provisions set forth above.
View SourceView Similar (9)
Subsequent Series of Notes. The Company has authorized and will create a subsequent Series of Additional Senior Notes to be called the “Series [__] Notes.” Said Series [__] Notes will be dated the date of issue; will bear interest (computed on the basis of [__]) from such date at the rate of [__] % per annum, payable [__] in arrears on the [__]th day of [__], [__], [__]and [__] in each year (commencing on [__]), until the principal amount thereof shall become due and payable and shall bear interest on overdue principal (including any overdue optional prepayment of principal) and premium, if any, and, to the extent permitted by law, on any overdue installment of interest at the rate specified therein after the date due for payment, whether by acceleration or otherwise, until paid; will be expressed to mature on [__]; and will be substantially in the form attached to the Agreement as Schedule 2 with the appropriate insertions to reflect the terms and provisions set forth above.
View SourceView Similar (6)
Subsequent Series of Notes. The Company will create a Subsequent Series of Notes to be called the "Series ____ Notes". Said Series ___ Notes will be dated the date of issue; will bear interest from such date at the rate of __% per annum, payable quarterly on the __ day of each _________, ________, __________ and __________ in each year (commencing ____________, ___) until the principal amount thereof shall become due and payable and shall bear interest on overdue principal (including any overdue optional prepayment of principal) and premium, if any, and, to the extent permitted by law, on any overdue installment of interest at the rate specified therein after the date due for payment, whether by acceleration or otherwise, until paid; will be expressed to mature on ____________, ____; and will be substantially in the form attached to the Agreement as Exhibit A-7 with the appropriate insertions to reflect the terms and provisions set forth above.
View SourceView Similar (3)
Subsequent Series of Notes. The Company will create Subsequent Series of Notes to be called the “Series G Notes”, “Series H Notes” and “Series I Notes”, respectively (collectively, the “Subsequent Notes”). (i) Said Series G Notes will be dated the date of issue; will bear interest from such date at the rate of 7.21% per annum, payable quarterly on the 15th day of each February, May, August and November in each year (commencing August 15, 2001) until the principal amount thereof shall become due and payable and shall bear interest on overdue principal (including any overdue optional prepayment of principal) and premium, if any, and, to the extent permitted by law, on any overdue installment of interest at the rate specified therein after the date due for payment, whether by acceleration or otherwise, until paid; will be expressed to mature on May 15, 2008; and will be substantially in the form attached to the Agreement as Exhibit A-7 with the appropriate insertions to reflect the terms and provisions set forth above. (ii) Said Series H Notes will be dated the date of issue; will bear interest from such date at the rate of 7.89% per annum, payable quarterly on the 15th day of each February, May, August and November in each year (commencing August 15, 2001) until the principal amount thereof shall become due and payable and shall bear interest on overdue principal (including any overdue optional prepayment of principal) and premium, if any, and, to the extent permitted by law, on any overdue installment of interest at the rate specified therein after the date due for payment, whether by acceleration or otherwise, until paid; will be expressed to mature on May 15, 2016; and will be substantially in the form attached to the Agreement as Exhibit A-7 with the appropriate insertions to reflect the terms and provisions set forth above. (iii) Said Series I Notes will be dated the date of issue; will bear interest from such date at the rate of 7.99% per annum, payable quarterly on the 15th day of each February, May, August and November in each year (commencing August 15, 2001) until the principal amount thereof shall become due and payable and shall bear interest on overdue principal (including any overdue optional prepayment of principal) and premium, if any, and, to the extent permitted by law, on any overdue installment of interest at the rate specified therein after the date due for payment, whether by acceleration or otherwise, until paid; will be expressed to mature on May 15, 2013; and w...
View SourceView Similar (2)
Subsequent Series of Notes. The Company has authorized the issue and sale of (i) $16,000,000 aggregate principal amount of Notes to be designated as its 2.33% Senior Notes, Series 2008-B-1, due November 30, 2015 (the “Series 2008-B-1 Notes”) and (ii) $84,000,000 aggregate principal amount of Notes to be designated as its 3.78% Senior Notes, Series 2008-B-2, due November 30, 2020 (the “Series 2008-B-2 Notes”, and together with the Series 2008-B-1 Notes, the “Series 2008-B Notes,” such term to include any such Notes issued in substitution therefor pursuant to Section 13 of the Agreement). The Series 2008-B Notes shall be substantially in the form attached to the Agreement as Exhibit 1.2(B), with such changes therefrom, if any, as may be approved by you and the Company.
View SourceView Similar (2)
Subsequent Series of Notes. The Company has authorized and will create a Subsequent Series of Notes to be called the “Series B Notes.” Said Series B Notes will consist of (a) U.S. $50,000,000 aggregate principal amount of 2.73% Senior Notes, Series B, Tranche A, due November 7, 2018 (the “Series B Tranche A Notes”), (b) U.S. $60,000,000 aggregate principal amount of 4.05% Senior Notes, Series B, Tranche B, due November 7, 2023 (the “Series B Tranche B Notes”), (c) U.S. $60,000,000 aggregate principal amount of 4.38% Senior Notes, Series B, Tranche C, due November 7, 2028 (the “Series B Tranche C Notes”), (d) U.S. $100,000,000 aggregate principal amount of 5.32% Senior Notes, Series B, Tranche D, due November 7, 2043 (the “Series B Tranche D Notes”); (e) U.S. $30,000,000 aggregate principal amount of 5.42% Senior Notes, Series B, Tranche E, due April 30, 2044 (the “Series B Tranche E Notes”), and (f) U.S. $100,000,000 aggregate principal amount of 5.52% Senior Notes, Series B, Tranche F, due October 30, 2044 (the “Series B Tranche F Notes”; the Series B Tranche A Notes, the Series B Tranche B Notes, the Series B Tranche C Notes, the Series B Tranche D Notes, the Series B Tranche E Notes and the Series B Tranche F Notes are hereinafter collectively referred to as the “Series B Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13 of the Agreement). The Series B Tranche A Notes, the Series B Tranche B Notes, the Series B Tranche C Notes, the Series B Tranche D Notes, the Series B Tranche E Notes and the Series B Tranche F Notes shall be substantially in the form set out in Exhibit 1-A, 1-B, 1-C, 1-D, 1-E and 1-F to this Supplement, respectively, with such changes therefrom, if any, as may be approved by you and the Company.
View Source
Subsequent Series of Notes. The Company will create Subsequent Series of Notes to be called the "Series G Notes", "Series H Notes" and "Series I Notes", respectively (collectively, the "Subsequent Notes").
View Source

Related to Subsequent Series of Notes

  • Additional Issuances of Notes Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-1) Notes, so long as the following conditions precedent are satisfied: (a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-1) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include: (i) the Issuance Date of such additional Class A(2019-1) Notes; (ii) the amount of such additional Class A(2019-1) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-1) Notes; (iii) the date from which interest on such additional Class A(2019-1) Notes will accrue (which may be a date prior to the date of issuance thereof); (iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-1) Notes; and (v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-1) Notes to clarify the rights of Holders of such additional Class A(2019-1) Notes or the effect of such issuance of additional Class A(2019-1) Notes on any calculations to be made with respect to the Class A(2019-1) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-1) Notes; (b) no Class A(2019-1) Adverse Event has occurred and is continuing; and (c) either (i) the issuance of such additional Class A(2019-1) Notes would be treated as part of the same issue as the outstanding Class A(2019-1) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-1) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-1) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-1) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.

  • Additional Series In the event that the Trust establishes one or more series after the effectiveness of this Agreement ("Additional Series"), Appendix A to this Agreement may be amended to make such Additional Series subject to this Agreement upon the approval of the Board of Trustees of the Trust and the shareholder(s) of the Additional Series, in accordance with the provisions of the Act. The Trust or the Adviser may elect not to make any such series subject to this Agreement.

  • Designation Amount and Issue of Notes The Notes shall be designated as “3.00% Convertible Senior Subordinated Notes due 2024”. Notes not to exceed the aggregate principal amount of $200,000,000 (except pursuant to Sections 2.05, 2.06, 3.05, 3.06 and 15.02 hereof) upon the execution of this Indenture, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, its Chief Executive Officer, its President, its Chief Financial Officer, its Chief Operating Officer, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), its Treasurer, its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

  • Designation of Additional Amounts to Be Included in the Excess Spread Amount for the DiscoverSeries Notes At any time that any outstanding Series of certificates issued by the Master Trust provides that the Series Principal Collections allocated to such Series will be deposited into the Group Finance Charge Collections Reallocation Account for the Master Trust to the extent necessary for application to cover shortfalls for other Series issued by the Master Trust, an amount equal to (x) all Series Principal Collections allocated to such Series, multiplied by (y) a fraction, the numerator of which is the sum of the Nominal Liquidation Amounts for each outstanding Tranche of the DiscoverSeries Notes (including these notes) and the denominator of which is (i) the Aggregate Investor Interest for the Master Trust minus (ii) the sum of the Series Investor Interests for all such Series that provide that the Series Principal Collections allocated to such Series will be so deposited, is hereby designated to be included in the Excess Spread Amount and shall be treated as Series Finance Charge Amounts for the DiscoverSeries.

  • Continuing Security Interest; Transfer of Notes This Security Agreement shall create a continuing security interest in the Collateral and shall (a) remain in full force and effect until payment in full in cash of all Secured Obligations, the termination or expiration of all Letters of Credit and the termination of all Commitments, (b) be binding upon the Grantor, its successors, transferees and assigns, and (c) inure, together with the rights and remedies of the Collateral Agent hereunder, to the benefit of the Collateral Agent and each other Secured Party. Without limiting the generality of the foregoing clause (c), any Lender may assign or otherwise transfer (in whole or in part) any Note or Credit Extension held by it to any other Person or entity, and such other Person or entity shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this Security Agreement) or otherwise, subject, however, to any contrary provisions in such assignment or transfer, and to the provisions of Article XIII of the Credit Agreement. Upon the payment in full in cash of all Secured Obligations, the termination or expiration of all Letters of Credit and the termination of all Commitments, the security interest granted herein shall terminate and all rights to the Collateral shall revert to the Grantor. Upon any such termination, the Collateral Agent will, at the Grantor's sole expense, execute and deliver to the Grantor such documents as the Grantor shall reasonably request to evidence such termination. Upon any sale or other transfer of Collateral permitted by the terms of the Credit Agreement, the security interest created hereunder in such Collateral (but not in the proceeds thereof) shall be deemed to be automatically released and the Collateral Agent will, at the Grantor's sole expense, execute and deliver to the Grantor such documents as the Grantor shall reasonably request to evidence such release.