Common use of Additional Note Guarantees Clause in Contracts

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic Subsidiary, then such Domestic Subsidiary will become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver to the Trustee an Opinion of Counsel within 15 Business Days of the date on which such Domestic Subsidiary is acquired or created; provided that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until such time as it ceases to be an Immaterial Subsidiary.

Appears in 2 contracts

Samples: Indenture (Cheniere Energy Partners, L.P.), Indenture (Cheniere Energy Partners, L.P.)

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Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic SubsidiaryRestricted Subsidiary after the date of this Indenture, then such that newly acquired or created Domestic Restricted Subsidiary will become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver to the Trustee an Opinion of Counsel reasonably satisfactory to the Trustee within 15 10 Business Days of the date on which such Domestic Subsidiary is it was acquired or created; provided that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until such time as it ceases to be an Immaterial Subsidiary. The form of such Note Guarantee is attached as Exhibit E hereto.

Appears in 2 contracts

Samples: Indenture (Innophos Investment Holdings, Inc.), Indenture (Innophos, Inc.)

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic SubsidiaryRestricted Subsidiary after the date of this Indenture, then such that newly acquired or created Domestic Restricted Subsidiary will become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver to the Trustee an Opinion of Counsel satisfactory to the Trustee within 15 30 Business Days of the date on which such Domestic Subsidiary is it was acquired or created; provided that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until such time as it ceases to be an Immaterial Subsidiary. The form of such Note Guarantee is attached as Exhibit E hereto.

Appears in 2 contracts

Samples: Builders FirstSource, Inc., Builders FirstSource-MBS, LLC

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic SubsidiarySubsidiary after the date of this Indenture, then such that newly acquired or created Domestic Subsidiary will become a Guarantor and execute a Note Guarantee pursuant to a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver to the Trustee an Opinion of Counsel satisfactory to the Trustee within 15 Business Days thirty days of the date on which such Domestic Subsidiary is it was acquired or created; provided that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until such time as it ceases to be an Immaterial Subsidiary. The form of such Note Guarantee is attached as Exhibit E hereto.

Appears in 1 contract

Samples: Indenture (Wire Harness Industries Inc)

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic SubsidiarySubsidiary after the date of this Indenture, then such that newly acquired or created Domestic Subsidiary will must become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver to the Trustee an Opinion of Counsel to the Trustee within 15 10 Business Days of the date on which such Domestic Subsidiary is it was acquired or created; provided that provided, however, this covenant shall not apply to any Domestic Restricted Subsidiary that constitutes has been properly designated as an Immaterial Unrestricted Subsidiary need not become a Guarantor until such time in accordance with Section 4.08 hereof for so long as it ceases continues to be constitute an Immaterial Unrestricted Subsidiary. The form of such Supplemental Indenture is attached as Exhibit F hereto.

Appears in 1 contract

Samples: Indenture (Carmike Cinemas Inc)

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic SubsidiaryRestricted Subsidiary after the date of this Indenture, then such that newly acquired or created Domestic Restricted Subsidiary will become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver to the Trustee an Opinion of Counsel satisfactory to the Trustee within 15 Business Days 30 business days of the date on which such Domestic Subsidiary is it was acquired or created; provided that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until such time as it ceases to be an Immaterial Subsidiary. The form of such Note Guarantee is attached as Exhibit E hereto.

Appears in 1 contract

Samples: Indenture (Builders FirstSource, Inc.)

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic SubsidiarySubsidiary after the date of this Indenture, then such that newly acquired or created Domestic Subsidiary will become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver an opinion of counsel satisfactory to the Trustee an Opinion of Counsel within 15 20 Business Days of the date on which such Domestic Subsidiary is it was acquired or created; provided , except for Domestic Subsidiaries that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until have properly been designated as Unrestricted Subsidiaries in accordance with this Indenture for so long as they continue to constitute Unrestricted Subsidiaries. The form of such time Note Guarantee is attached as it ceases to be an Immaterial SubsidiaryExhibit E hereto.

Appears in 1 contract

Samples: Tsi Finance Inc

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Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic SubsidiaryRestricted Subsidiary after the date of this Indenture, then such that newly acquired or created Domestic Restricted Subsidiary will become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver to the Trustee an Opinion of Counsel satisfactory to the trustee within 15 10 Business Days of the date on which such Domestic Subsidiary is it was acquired or created; provided that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until such time as it ceases to be an Immaterial Subsidiary. The form of such Note Guarantee is attached as Exhibit E hereto.

Appears in 1 contract

Samples: Indenture (Iwo Holdings Inc)

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic SubsidiarySubsidiary after the date of this Indenture, then such that newly acquired or created Domestic Subsidiary (other than a Receivables Subsidiary) will become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) and deliver an opinion of counsel satisfactory to the Trustee an Opinion of Counsel within 15 Business Days of the date on which such Domestic Subsidiary is acquired or createdtrustee; provided that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until such time as it ceases to be an Immaterial Subsidiary. The form of such Note Guarantee is attached as Exhibit E hereto.

Appears in 1 contract

Samples: Indenture (True Temper Sports PRC Holdings Inc)

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic Subsidiaryany wholly-owned domestic Subsidiary after the date of this Indenture, then such Domestic newly or created Subsidiary will become a Guarantor and execute a supplemental indenture substantially in the form attached of Exhibit B hereto as Exhibit E (together with a corresponding Notation of effectuating such Guarantor’s Note Guarantee in the form attached hereto as Exhibit D) and deliver to the Trustee an Officer’s Certificate and an Opinion of Counsel satisfactory to the Trustee within 15 30 Business Days of the date on which such Domestic Subsidiary is it was acquired or created; provided that any Domestic Restricted Subsidiary that constitutes a Receivables Subsidiary or an Immaterial Unrestricted Subsidiary need not become a Guarantor until such time as it ceases to be a Receivables Subsidiary or an Immaterial Unrestricted Subsidiary.

Appears in 1 contract

Samples: First Supplemental Indenture (Allegiant Travel CO)

Additional Note Guarantees. If the Company or any of its Restricted Subsidiaries acquires or creates another Domestic Subsidiary that is not an Immaterial Subsidiary after the date of this Indenture or a Foreign Subsidiary guarantees any domestic Debt of the Company then that newly acquired or created Domestic Subsidiary or such Foreign Subsidiary, then such Domestic Subsidiary will as applicable, shall become a Guarantor and execute a supplemental indenture in the form attached hereto as Exhibit E (together with a corresponding Notation of Guarantee in the form attached hereto as Exhibit D) Supplemental Indenture and deliver to the Trustee an Opinion of Counsel satisfactory to the Trustee within 15 Business Days 30 days of the date on which such Domestic Subsidiary is it was acquired or created; provided that any Domestic Restricted Subsidiary that constitutes an Immaterial Subsidiary need not become a Guarantor until such time as it ceases to be an Immaterial Subsidiary.

Appears in 1 contract

Samples: Titan Distribution, Inc

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