Common use of The Exchange Notes Clause in Contracts

The Exchange Notes. The Exchange Notes shall be substantially in the form of, and contain the terms and provisions set forth in, Exhibit B hereto, which is hereby incorporated in and expressly made a part of this First Supplemental Indenture. The Trustee shall authenticate and deliver Exchange Notes of any series for issue only in a Registered Exchange Offer pursuant to the Registration Agreement, for a like principal amount of Initial Notes of the series bearing interest at the same rate, in each case pursuant to a Company Order. Such Company Order shall specify the series and the amount of the Exchange Notes to be authenticated and the date on which the original issue of such Exchange Notes is to be authenticated. Prior to authenticating and delivering Exchange Notes pursuant to this Section 1.04, the Trustee may request that the Company deliver an Officer's Certificate and/or an Opinion of Counsel stating that the Exchange Notes are being issued pursuant to an effective registration statement in accordance with the Registration Agreement. Except as provided in the Indenture, the aggregate principal amount of Notes outstanding at any time may not exceed (x) $150,000,000 with respect to the Initial 2009 Notes and the Exchange 2009 Notes and (y) $300,000,000 with respect to the Initial 2017 Notes and the Exchange 2017 Notes. If an Exchange Note is authenticated and delivered in exchange for an Initial Note between a record date for the payment of interest on that Initial Note and the related interest payment date, the interest that accrues on such Exchange Note from the date of authentication thereof to that interest payment date shall be payable to the Person in whose name such Exchange Note was issued on its issuance date.

Appears in 1 contract

Sources: First Supplemental Indenture (Cleveland Electric Illuminating Co)

The Exchange Notes. The Exchange Notes shall be substantially in the form of, and contain the terms and provisions set forth in, Exhibit B hereto, which is hereby incorporated in and expressly made a part of this First Supplemental Indenture. The Trustee shall authenticate and deliver Exchange Notes of any series for issue only in a Registered Exchange Offer pursuant to the Registration Agreement, for a like principal amount of Initial Notes of the series bearing interest at the same rate, in each case pursuant to a Company Order. Such Company Order shall specify the series and the amount of the Exchange Notes to be authenticated and the date on which the original issue of such Exchange Notes is to be authenticated. Prior to authenticating and delivering Exchange Notes pursuant to this Section 1.04, the Trustee may request that the Company Companies deliver an Officer's Certificate and/or an Opinion of Counsel stating that the Exchange Notes are being issued pursuant to an effective registration statement in accordance with the Registration Agreement. Except as provided in the Indenture, the aggregate principal amount of Notes outstanding at any time may not exceed (x) $220,000,000 with respect to the Initial 2000 Notes and the Exchange 2000 Notes, (y) $350,000,000 with respect to the Initial 2004 Notes and the Exchange 2004 Notes and (z) $150,000,000 with respect to the Initial 2009 2007 Notes and the Exchange 2009 Notes and (y) $300,000,000 with respect to the Initial 2017 Notes and the Exchange 2017 2007 Notes. If an Exchange Note is authenticated and delivered in exchange for an Initial Note between a record date for the payment of interest on that Initial Note and the related interest payment date, the interest that accrues on such Exchange Note from the date of authentication thereof to that interest payment date shall be payable to the Person in whose name such Exchange Note was issued on its issuance date.

Appears in 1 contract

Sources: First Supplemental Indenture (Toledo Edison Co)