Common use of Terms of New Notes Clause in Contracts

Terms of New Notes. The New Notes to be issued as additional Notes under the Indenture and pursuant to this First Supplemental Indenture are set forth and incorporated by reference in Exhibit A hereto and shall: A. be issued as part of the existing series of Existing Notes previously issued under the Indenture and the New Notes and the Existing Notes shall be a single class for all purposes under the Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; B. be issued on April 17, 2020 and will accrue interest from November 1, 2019; Interest on the notes will be payable, in cash in arrears, on May 1 and November 1 of each year, with an initial payment for the notes on May 1, 2020. The record date solely for the purpose of the initial interest payment date will be April 17, 2020; C. be issuable in whole in the form of one or more Global Notes to be held by DTC and in the form, including appropriate transfer restriction legends, provided in Exhibit A of the Indenture; D. in the case of New Notes sold under Rule 144A, bear the CUSIP number of 52736R BH4 and ISIN number of US52736RBH49, and, in the case of New Notes sold under Regulation S of the Securities Act, bear the CUSIP number of U52799 BD1 and ISIN number of USU52799BD11; and E. until a Registered Exchange Offer has been consummated or a Shelf Registration Statement has been filed and becomes effective with respect to the New Notes, the New Notes shall be subject to the transfer restrictions applicable to a Transfer Restricted Note and shall have a different CUSIP number than that of the Existing Notes.

Appears in 1 contract

Sources: First Supplemental Indenture (Levi Strauss & Co)

Terms of New Notes. The As of the date hereof, the Issuer shall issue, and the Trustee is hereby directed to authenticate and deliver, the New Notes to be issued as additional Notes, which constitute Additional Notes under the Indenture and pursuant to this First Supplemental Indenture are set forth and incorporated by reference in Exhibit A hereto and shall: A. (a) be issued as part of the existing series of Existing Notes previously issued under the Indenture Indenture, and the New Notes and the Existing Notes shall be a single class for all purposes under the Indenture, including, without limitation, with respect to waivers, amendments, redemptions and offers to purchase; B. (b) (i) be issued on April 17May 10, 2020 2021 at an issue price of 102.25%, plus accrued and will accrue unpaid interest from April 28, 2021, (ii) be deemed to have accrued interest from April 28, 2021 and (iii) have a first interest payment date of November 1, 2019; Interest on the notes will be payable, in cash in arrears, on May 1 and November 1 of each year, with an initial payment for the notes on May 1, 2020. The record date solely for the purpose of the initial interest payment date will be April 17, 20202021; C. (c) be issuable issued in whole in the form of one or more Global Notes to be held by DTC the Depositary and in the form, including appropriate transfer restriction legends, provided in Exhibit A of the Base Indenture;; and D. (d) initially bear, in the case of New Notes sold under Rule 144A144A of the Securities Act, bear the CUSIP number of 52736R BH4 257867 BF7 and the ISIN number of US52736RBH49US257867BF75 (which are the same as the Existing Notes sold under Rule 144A of the Securities Act), and, in the case of New Notes sold under Regulation S of the Securities Act, bear (i) until 40 days after the date hereof, the CUSIP number of U52799 BD1 U25783 AG3 and the ISIN number of USU52799BD11; and E. until a Registered Exchange Offer has been consummated or a Shelf Registration Statement has been filed USU25783AG39 (which are different from the Existing Notes sold under Regulation S under the Securities Act) and becomes effective (ii) after the expiration of the 40th day and compliance with respect to the New Notesprocedures of the Depositary, thereafter, the New Notes shall be subject to the transfer restrictions applicable to a Transfer Restricted Note and shall have a different CUSIP number than that of U25783 AF5 and the ISIN number of USU25783AF55 (which are the same as the Existing NotesNotes sold under Regulation S under the Securities Act).

Appears in 1 contract

Sources: Supplemental Indenture (RR Donnelley & Sons Co)

Terms of New Notes. The New Notes to shall be issued as additional Additional Notes under the Indenture and pursuant to this First Supplemental Indenture are set forth and incorporated by reference in Exhibit A hereto and shall: A. (1) be issued as part of the existing same series of Existing Notes previously issued under the Indenture Base Indenture, rank pari passu with the Existing Notes, and the New Notes and the Existing Notes shall be form a single class for all purposes under the Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; B. (2) be issued on April 17December 20, 2020 2024 at a purchase price of 101.500% of the principal amount, plus accrued and will accrue unpaid interest from November 1October 15, 20192024 to, but excluding, December 20, 2024 in the amount of $1,777,343.75; Interest on the notes New Notes will be payable, in cash in arrears, on May 1 April 15 and November 1 October 15 of each year, with an initial payment for the notes New Notes on May 1April 15, 2020. The record date solely for the purpose of the initial interest payment date will be April 17, 20202025; C. (3) be issuable in whole in the form of one or more Global Notes to be held by DTC and in the form, including appropriate transfer restriction legends, provided in Exhibit A of the Base Indenture;; and D. (4) in the case of the New Notes sold under (x) Rule 144A, bear the CUSIP number of 52736R BH4 92214X AC0 and ISIN number of US52736RBH49US92214XAC02, and, in the case of New Notes sold under (y) Regulation S of the Securities Act, initially bear the CUSIP number of U52799 BD1 U9219X AB8 and ISIN number of USU52799BD11USU9219XAB83; and E. until a Registered Exchange Offer has been consummated or a Shelf Registration Statement has been filed and becomes effective with respect to provided, that, promptly following the expiration of the Distribution Compliance Period for the New Notes, the Company intends to cause the beneficial interests in the New Notes shall be subject to in the transfer restrictions applicable to a Transfer Restricted form of the Temporary Regulation S Global Note and shall have a different (CUSIP number than that of U9219X AB8 and ISIN number of USU9219XAB83) to be exchanged for beneficial interests in the New Notes in the form of the Existing NotesPermanent Regulation S Global Note (CUSIP number of U9219X AA0 and ISIN number of USU9219XAAA01) in accordance with applicable law and other terms of the Indenture.

Appears in 1 contract

Sources: Supplemental Indenture (Varex Imaging Corp)