Third Supplemental Indenture Sample Contracts

ARTICLE I AMENDMENTS TO INDENTURE
Third Supplemental Indenture • April 11th, 2007 • Altra Industrial Motion, Inc. • General industrial machinery & equipment, nec • New York
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THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • July 3rd, 2014 • Forest Laboratories, LLC • Pharmaceutical preparations • New York

This Third Supplemental Indenture, dated as of July 1, 2014 (this “Supplemental Indenture”), among Actavis plc (the “Parent Guarantor”), Tango Merger Sub 2 LLC (the “Company”), as successor in interest to Forest Laboratories, Inc. (“Forest Labs”), and Wells Fargo Bank, National Association, as Trustee (the “Trustee”) under the Indenture referred to below.

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • November 6th, 2012 • Calpine Corp • Electric services • New York

THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of August 20, 2012, among each of Calpine Energy Services GP, LLC and Calpine Energy Services LP, LLC (together, the “Guaranteeing Subsidiaries”), each a subsidiary of Calpine Corporation, a Delaware corporation (the “Company”), the Company, each of the guarantors party to the Indenture (as defined below) (the “Existing Guarantors”) and Wilmington Trust Company, as trustee under the Indenture referred to below (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • January 10th, 2017 • Colony NorthStar, Inc. • Real estate investment trusts • New York

THIS THIRD SUPPLEMENTAL INDENTURE dated as of January 10, 2017 (this “Third Supplemental Indenture”) is by and among the Intermediate Successor Company (defined below), NRF Holdco, LLC, a Delaware limited liability company (the “Successor Company”), Colony NorthStar, Inc. (“Parent”) and Wilmington Trust Company (“Trustee”), as Trustee under the Indenture referred to below.

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • February 20th, 2015 • Nielsen N.V. • Services-business services, nec • New York

Supplemental Indenture (this “Supplemental Indenture”), dated as of December 23, 2014, between Scarborough Research (the “Guaranteeing Subsidiary”), an affiliate of Nielsen Finance LLC, a Delaware limited liability company and Nielsen Finance Co., a Delaware corporation (the “Issuers”), and Law Debenture Trust Company of New York, as trustee (the “Trustee”).

THE ADT CORPORATION, as Issuer AND TYCO INTERNATIONAL LTD. as Guarantor AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee THIRD SUPPLEMENTAL INDENTURE Dated as of July 5, 2012 $750,000,000 of 4.875% Notes due 2042
Third Supplemental Indenture • December 21st, 2017 • ADT, Inc. • Services-detective, guard & armored car services • New York

THIS THIRD SUPPLEMENTAL INDENTURE is dated as of July 5, 2012 among THE ADT CORPORATION, a Delaware corporation (the “Company”), TYCO INTERNATIONAL LTD., a Swiss corporation (“Guarantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE between SACHEM CAPITAL CORP. and as Trustee Dated as of September 4, 2020 THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • September 9th, 2020 • Sachem Capital Corp. • Real estate investment trusts • New York

THIS THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of September 4, 2020, is between Sachem Capital Corp., a New York corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). Except as otherwise set forth in this Third Supplemental Indenture, all capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • March 28th, 2024 • Qwest Corp • Telephone communications (no radiotelephone) • New York

WHEREAS, the Issuer, Level 3 Parent and the other Guarantors party thereto have heretofore executed and delivered to the Trustee that certain Indenture, dated as of September 25, 2019 (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Indenture”), providing for the issuance of its 4.625% Senior Notes due 2027 (the “Notes”);

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • April 27th, 2006 • Loews Mountainside Cinemas, Inc. • Services-motion picture theaters • New York

This Supplemental Indenture, dated as of April 20, 2006 (this “Supplemental Indenture”), among AMC Entertainment Inc. (together with its successors and assigns, the “Company”), each Guarantor under the Indenture referred to below and set forth on the signature pages hereto, and HSBC Bank USA, National Association, as Trustee (the “Trustee”) under the Indenture referred to below.

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • August 5th, 2009 • Deerfield Capital Corp. • Real estate investment trusts • New York

THIS THIRD SUPPLEMENTAL INDENTURE, dated as of July 31, 2009 (this “Supplemental Indenture”) is entered into by and between Deerfield Capital LLC, a Delaware limited liability company (formerly Deerfield Triarc Capital LLC) (the “Company”), and The Bank of New York Mellon Trust Company, National Association, a national banking association (as successor to JPMorgan Chase Bank, National Association), as trustee (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • February 11th, 2008 • Packerware Corp • Plastics products, nec • New York

This THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”) is dated as of May 7, 2007, among BERRY PLASTICS HOLDING CORPORATION (or its successor) (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee under the indenture referred to below (the “Trustee”), ROLLPAK ACQUISITION CORPORATION and ROLLPAK CORPORATION (each, a “New Guarantor” and collectively, the “New Guarantors”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • January 10th, 2017 • Colony NorthStar, Inc. • Real estate investment trusts • New York

THIS THIRD SUPPLEMENTAL INDENTURE dated as of January 10, 2017 (this “Third Supplemental Indenture”) is by and among the Intermediate Successor Company (defined below), NRF Holdco, LLC, a Delaware limited liability company (the “Successor Company”), Colony NorthStar, Inc. (“Parent”) and The Bank of New York Mellon Trust Company, N.A., as Trustee under the Indenture referred to below.

THIRD SUPPLEMENTAL INDENTURE between TRINITY CAPITAL INC. and as Trustee Dated as of August 24, 2021 THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • August 24th, 2021 • Trinity Capital Inc. • New York

THIS THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of August 24, 2021, is between Trinity Capital Inc., a Maryland corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below) unless otherwise defined herein.

THIRD SUPPLEMENTAL INDENTURE Dated as of April 1, 2016 to Indenture Dated as of May 14, 2015 by and among TRANSDIGM INC., TRANSDIGM GROUP INCORPORATED, THE GUARANTORS NAMED THEREIN, AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee
Third Supplemental Indenture • November 15th, 2016 • TransDigm Group INC • Aircraft parts & auxiliary equipment, nec

This THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of April 1, 2016, by and among Breeze-Eastern LLC, a Delaware limited liability company, (the “Guaranteeing Subsidiary”), TransDigm Inc., a Delaware corporation (the “Company”), TransDigm Group Incorporated, a Delaware corporation (“TD Group”), Adams Rite Aerospace, Inc., a California corporation (“Adams Rite”), MarathonNorco Aerospace, Inc., a Delaware corporation (“Marathon”), Champion Aerospace LLC, a Delaware limited liability company (“Champion”), Avionic Instruments LLC, a Delaware limited liability company (“Avionic”), Skurka Aerospace Inc., a Delaware corporation (“Skurka”), CDA InterCorp LLC, a Florida limited liability company (“CDA”), Aviation Technologies, Inc., a Delaware corporation (“ATI”), AvtechTyee, Inc., a Washington corporation (“Avtech”), Transicoil LLC, a Delaware limited liability company (“Transicoil”), AeroControlex Group, Inc., a Delaware corporation (“AeroControlex”), Bruce Aerospace

MEADWESTVACO CORPORATION as Issuer, THE GUARANTORS PARTY HERETO and THE BANK OF NEW YORK MELLON as Trustee
Third Supplemental Indenture • July 2nd, 2015 • WestRock Co • Paperboard containers & boxes • New York

THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of July 1, 2015, among MeadWestvaco Corporation, a Delaware corporation (the “Company”), WestRock Company, a Delaware corporation (“WestRock”), Rock-Tenn Company, a Georgia corporation (“RKT” and, together with WestRock, the “Guarantors” and, together with the Company, the “Obligors”), and The Bank of New York Mellon (as successor to Irving Trust Company), a New York banking corporation, as trustee (the “Trustee”) under the hereafter defined Indenture.

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • August 5th, 2022 • KKR & Co. Inc. • Investment advice • New York

Third Supplemental Indenture, dated as of May 31, 2022 (this “Third Supplemental Indenture”), by and among KKR Group Finance Co. III LLC, a Delaware limited liability company (the “Company”), KKR & Co. Inc. (previously known as “KKR Aubergine Inc.”), a Delaware corporation (“New Guarantor”), and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).

PURCHASE AGREEMENT AND CONSENT
Third Supplemental Indenture • March 6th, 2024 • PureCycle Technologies, Inc. • Plastic materials, synth resins & nonvulcan elastomers • New York

This PURCHASE AGREEMENT AND CONSENT (this “Agreement”) is entered into as of March 5, 2024, by and among PureCycle: Ohio LLC, an Ohio limited liability company (the “Company”), PureCycle Technologies LLC, a Delaware limited liability company (the “Guarantor” or the “Purchaser”), and each of the other signatories hereto (each, a “Seller” and collectively, the “Sellers,” and, together with the Company and the Purchaser, the “parties”). Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Indenture (as defined herein).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • April 12th, 2004 • Foster Wheeler LTD • Heavy construction other than bldg const - contractors • New York

THIRD SUPPLEMENTAL INDENTURE (the “Supplemental Indenture”), dated as of , 2004, to the Indenture (defined below) made by and among Foster Wheeler LLC, a limited liability company organized under the laws of Delaware (the “Company”), the guarantors set forth on Exhibit A hereto and BNY Midwest Trust Company, an Illinois trust company (the “Trustee”), as successor to the obligations of Harris Trust and Savings Bank, an Illinois banking corporation.

and U.S. BANK, N.A., as Trustee
Third Supplemental Indenture • April 23rd, 2002 • Millennium Pharmaceuticals Inc • Pharmaceutical preparations • New York
VALE OVERSEAS LIMITED, as Issuer and COMPANHIA VALE DO RIO DOCE, as Guarantor and JPMORGAN CHASE BANK, as Trustee THIRD SUPPLEMENTAL INDENTURE Guaranteed Debt Securities
Third Supplemental Indenture • January 9th, 2006 • Vale Overseas LTD • Metal mining • New York

Third Supplemental Indenture, dated as of January 15, 2004, among VALE OVERSEAS LIMITED, a Cayman Islands exempted company incorporated with limited liability (herein called the “Company”), having its principal office at Walker House, P.O. Box 908 GT, Mary Street, Georgetown, Grand Cayman, Cayman Islands, COMPANHIA VALE DO RIO DOCE, a company duly organized and existing under the laws of the Federative Republic of Brazil (herein called the “Guarantor”), having its principal office at Avenida Graça Aranha, No. 26, 17( Andar, 20030-900 Rio de Janeiro, RJ, Brazil, and JPMORGAN CHASE BANK, a bank duly organized and existing under the laws of the State of New York, having its principal corporate trust office at 4 New York Plaza, New York, New York 10004, as Trustee (herein called the “Trustee”) to the Indenture, dated as of March 8, 2002, among the Company, the Guarantor and the Trustee (herein called the “Original Indenture”).

INVITATION HOMES OPERATING PARTNERSHIP LP INVITATION HOMES INC., INVITATION HOMES OP GP LLC AND IH MERGER SUB, LLC, AS PARENT GUARANTORS, AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE THIRD SUPPLEMENTAL INDENTURE DATED AS OF NOVEMBER 5, 2021 TO...
Third Supplemental Indenture • November 5th, 2021 • Invitation Homes Inc. • Real estate operators (no developers) & lessors • New York

THIS THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”) is entered into as of November 5, 2021 among Invitation Homes Operating Partnership LP, a Delaware limited partnership (the “Company”), Invitation Homes Inc., a Maryland corporation (the “Parent”), Invitation Homes OP GP LLC, a Delaware limited liability company (the “General Partner”), IH Merger Sub, LLC, a Delaware limited liability company (“IH Merger Sub” and, together with the Parent and the General Partner, the “Parent Guarantors”), and U.S. Bank National Association, as trustee (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • May 22nd, 2017 • Post Holdings, Inc. • Grain mill products • New York

THIS THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of May 19, 2017, by and among Post Holdings, Inc., a Missouri corporation (the “Company”), the Guarantors (as defined in the Indenture referred to herein) and Wells Fargo Bank, National Association, a national banking association, as trustee under the Indenture referred to below (the “Trustee”).

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TEKNI-PLEX, INC. Each of the Guarantors PARTY HERETO and HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee THIRD SUPPLEMENTAL INDENTURE Dated as of December 8, 2009 to INDENTURE Dated as of June 10, 2005 Between TEKNI-PLEX, INC. each of the Guarantors...
Third Supplemental Indenture • December 14th, 2009 • Tekni Plex Inc • Gaskets, packg & sealg devices & rubber & plastics hose • New York

WHEREAS, the Company and the Guarantors executed and delivered to the Trustee an Indenture dated as of June 10, 2005 (as amended and supplemented from time to time, the “Indenture”) by and among the Company, the Guarantors and the Trustee, pursuant to which the Company’s 10 7/8% Senior Secured Notes due 2012 (the “Notes”) were issued;

Contract
Third Supplemental Indenture • December 17th, 2013 • Tesoro Logistics Lp • Pipe lines (no natural gas) • New York

THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of December 17, 2013, by and among Tesoro Logistics LP, a limited partnership organized under the laws of Delaware (the “Partnership”), and Tesoro Logistics Finance Corp., a Delaware corporation (together with the Partnership, the “Issuers”), the Guarantors party hereto (the “Guarantors”) and U.S. Bank, National Association, as trustee (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • March 30th, 2009 • Dolgen I, Inc. • Retail-variety stores • New York

Third Supplemental Indenture (this “Supplemental Indenture”), dated as of March 23, 2009, among Dolgen I, Inc.; Dolgen II, Inc.; Dolgen III, Inc.; DG Strategic I, LLC; DG Strategic II, LLC; and DG Strategic III, LLC (each hereinafter referred to as the “Guaranteeing Subsidiary”), each a Tennessee corporation or Tennessee limited liability company, as applicable, and each a subsidiary of Dollar General Corporation, a Tennessee Corporation (the “Issuer”), and U.S. Bank National Association, as successor trustee (the “Trustee”).

TELECOM ITALIA CAPITAL, SOCIÉTÉ ANONYME As Issuer AND TELECOM ITALIA S.p.A. As Guarantor TO JPMORGAN CHASE BANK, N.A. As Trustee THIRD SUPPLEMENTAL INDENTURE Dated as of July 18, 2006 TO THE INDENTURE AMONG TELECOM ITALIA CAPITAL, AS ISSUER, TELECOM...
Third Supplemental Indenture • December 29th, 2008 • Telecom Italia S P A • Communications services, nec • New York

THIS THIRD SUPPLEMENTAL INDENTURE, dated as of July 18, 2006, is entered into among TELECOM ITALIA CAPITAL, SOCIÉTÉ ANONYME, a company with limited liability incorporated under the laws of the Grand-Duchy of Luxembourg in the form of a société anonyme (the “Issuer”), having its principal office at 12, rue Eugène Ruppert, L-2453 Luxembourg, registered with the Register of Commerce and Companies (Registre de Commerce et des sociétés) in Luxembourg under number B-77.970, TELECOM ITALIA S.p.A., a joint stock company established under the laws of the Republic of Italy (the “Guarantor”), having its registered office at Piazza degli Affari 2, 20123 Milan, Italy, and JPMorgan Chase Bank, N.A., a national banking association organized under the laws of the United States of America (as successor to JPMorgan Chase Bank), as Trustee hereunder (the “Trustee”).

Contract
Third Supplemental Indenture • November 19th, 2020 • Viatris Inc • Pharmaceutical preparations • New York

THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of November 16, 2020, among Mylan Inc., a Pennsylvania corporation (“Mylan Inc.”), Utah Acquisition Sub Inc., a Delaware corporation (“Acquisition Sub”), Mylan II B.V., a private limited liability company incorporated and existing under the laws of the Netherlands (“Mylan II B.V.”), Viatris Inc. (formerly known as Upjohn Inc.), a Delaware corporation (“Viatris Inc.” and, together with Acquisition Sub and Mylan II B.V., the “Note Guarantors”), and The Bank of New York Mellon, as trustee under the Indenture referred to below (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • May 7th, 2020 • Hilton Worldwide Holdings Inc. • Hotels & motels • New York

This Third Supplemental Indenture (this “Supplemental Indenture”), dated as of February 29, 2020, among Hilton Domestic Operating Company Inc., a Delaware corporation (the “Issuer”), the Guarantors listed on the signature pages hereto (each, a “Guarantor”), and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE dated as of December 6, 2007 among LYONDELL CHEMICAL COMPANY, as Company and THE BANK OF NEW YORK, as Trustee
Third Supplemental Indenture • December 6th, 2007 • Lyondell Chemical Co • Industrial organic chemicals • New York

THIS THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), entered into as of December 6, 2007, among LYONDELL CHEMICAL COMPANY, a Delaware corporation (the “Company”), and THE BANK OF NEW YORK, as trustee (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • March 26th, 2007 • TRW Automotive Holdings Corp • Motor vehicle parts & accessories • New York

THIS THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is dated as of March 26, 2007, and is by and among TRW Automotive Inc., a Delaware corporation (the “Issuer”), the direct and indirect subsidiaries of the Issuer listed on the signature pages hereof (collectively, the “Subsidiary Guarantors”) and The Bank of New York, as trustee (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • June 30th, 2004 • Petrobras International Finance Co • Crude petroleum & natural gas • New York

THIRD SUPPLEMENTAL INDENTURE (the “Third Supplemental Indenture”), effective as of December 10, 2003, by and among Petrobras International Finance Company, an exempted company incorporated with limited liability under the laws of the Cayman Islands, having its principal office at Anderson Square Building, P.O. Box 714, George Town, Grand Cayman, Cayman Islands (the “Company”), JPMorgan Chase Bank, a New York banking corporation, as Trustee hereunder (the “Trustee”), and Petroleo Brasileiro S.A. - PETROBRAS, a mixed capital company (sociedade de economia mista) organized under the laws of Brazil, having its principal office at Avenida Republica do Chile, 65, 20035-900 Rio de Janeiro - RJ, Brazil (“Petrobras”).

Contract
Third Supplemental Indenture • October 31st, 2013 • Community Health Systems Inc • Services-general medical & surgical hospitals, nec • New York

THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of September 30, 2013, among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the “Issuer”), the party identified as a New Subsidiary Guarantor on the signature pages hereto (the “New Subsidiary Guarantor”) and REGIONS BANK, as Trustee under the Indenture (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • April 16th, 2015 • NRG Yield, Inc. • Electric services • New York

This THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of April 10, 2015, among NRG Yield Operating LLC, a Delaware limited liability company (the “Company”), NRG Yield LLC, a Delaware limited liability company (the “Parent Guarantor”), the other Guarantors (as defined in the Indenture referred to herein) and Law Debenture Trust Company of New York, as trustee under the Indenture referred to below (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE between OFFICE PROPERTIES INCOME TRUST and as Trustee Dated as of May 18, 2021 SUPPLEMENTAL TO THE INDENTURE DATED AS OF JULY 20, 2017 OFFICE PROPERTIES INCOME TRUST
Third Supplemental Indenture • July 29th, 2021 • Office Properties Income Trust • Real estate • New York

This THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of May 18, 2021 between Office Properties Income Trust (formerly known as Government Properties Income Trust), a real estate investment trust organized and existing under the laws of the State of Maryland (the “Company”), having its principal office at Two Newton Place, 255 Washington Street, Suite 300, Newton, Massachusetts 02458-1634, and U.S. Bank National Association, a national banking organization organized and existing under the laws of the United States, as Trustee (the “Trustee”).

THIRD SUPPLEMENTAL INDENTURE by and among Ventas Realty, Limited Partnership, as Issuer, Ventas, Inc., as Guarantor and as Trustee
Third Supplemental Indenture • September 21st, 2016 • Ventas Inc • Real estate investment trusts • New York

THIS THIRD SUPPLEMENTAL INDENTURE, dated as of September 21, 2016 (the “Third Supplemental Indenture”), is by and among Ventas Realty, Limited Partnership, a Delaware limited partnership (the “Issuer”), Ventas, Inc., a Delaware corporation, and U.S. Bank National Association, having a Corporate Trust Office at 425 Walnut ML CN WN 06 CT, Cincinnati, Ohio 45202, as Trustee (the “Trustee”) under the Indenture (as defined below).

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