Common use of Dating; Incorporation of Form in Indenture Clause in Contracts

Dating; Incorporation of Form in Indenture. The Senior Notes and the Trustee's certificate of authentication shall be substantially in the form of Exhibit B which is incorporated in and made part of this Indenture. The Senior Notes shall have notations, legends or endorsements required by law, stock exchange rule, usage, or agreements to which the Company or any Guarantor is subject. The Company shall use "CUSIP" numbers in issuing the Senior Notes. Each Senior Note shall be dated the date of its authentication. One or more permanent Global Notes issued and delivered hereunder may be in registered form, substantially in the form set forth in Exhibit B, having the legend set forth in Exhibit C, may be issued to the Depository, to the extent such Depository is the Registered Holder of the applicable Senior Notes. Otherwise, Senior Notes hereunder may be issued in the form of certificated Senior Notes in registered form in substantially the form set forth in Exhibit B (the "Physical Notes"), without the legend set forth in Exhibit C. The terms and provisions contained in the Senior Notes and the Guarantees shall constitute, and are hereby expressly made, a part of this Indenture and the Company, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.

Appears in 4 contracts

Samples: Indenture (Mariner Post Acute Network Inc), Execution (Mariner Health Care Inc), Indenture (Mariner Post Acute Network Inc)

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Dating; Incorporation of Form in Indenture. The Senior Notes and the Trustee's certificate of authentication shall be substantially in the form of Exhibit B which is incorporated in and made part of this Indenture. The Senior Notes shall may have notations, legends or endorsements required by law, stock exchange rule, usage, or agreements to which the Company or any Guarantor is subject. The Company shall may use "CUSIP" numbers in issuing the Senior Notes. Each Senior Note shall be dated the date of its authentication. One or more permanent Global Notes issued and delivered hereunder may be in registered form, substantially in the form set forth in Exhibit B, having the legend set forth in Exhibit C, may be issued to the Depository, to the extent such Depository is the Registered Holder of the applicable Senior Notes. Otherwise, Senior Notes hereunder may be issued in the form of certificated Senior Notes in registered form in substantially the form set forth in Exhibit B (the "Physical Notes"), without the legend set forth in Exhibit C. . The terms and provisions contained in the Senior Notes and the Guarantees shall constitute, and are hereby expressly made, a part of this Indenture and the Company, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.

Appears in 3 contracts

Samples: Genesis Health (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa), Genesis Health (Genesis Health Ventures Inc /Pa)

Dating; Incorporation of Form in Indenture. The Senior Notes and the Trustee's certificate of authentication shall be substantially in the form of Exhibit B A which is incorporated in and made part of this Indenture. The Senior Notes shall have notations, legends or endorsements required by law, stock exchange rule, usage, or agreements to which each of the Company Issuers or any Guarantor is subject. The Company Issuers shall use "CUSIP" numbers in issuing the Senior Notes. Each Senior Note shall be dated the date of its authentication. One or more permanent Global Notes issued and delivered hereunder may be in registered form, substantially in the form set forth in Exhibit BA, having the legend set forth in Exhibit CB, may be issued to the Depository, to the extent such Depository is the Registered Holder of the applicable Senior Notes. Otherwise, Senior Notes hereunder may be issued in the form of certificated Senior Notes in registered form in substantially the form set forth in Exhibit B A (the "Physical Notes"), without the legend set forth in Exhibit C. B. The terms and provisions contained in the Senior Notes and the Guarantees shall constitute, and are hereby expressly made, a part of this Indenture and the CompanyIssuers, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.

Appears in 2 contracts

Samples: Indenture (Superior Telecommunications Inc), Indenture (Essex Group Inc)

Dating; Incorporation of Form in Indenture. The Senior Notes and the Trustee's certificate of authentication shall be substantially in the form of Exhibit B EXHIBIT A which is incorporated in and made part of this Indenture. The Senior Notes shall have notations, legends or endorsements required by law, stock exchange rule, usage, or agreements Indentures to which the Company or any Guarantor Issuer is subject. The Company Issuer shall use "CUSIP" numbers in issuing the Senior Notes. Each Senior Note shall be dated the date of its authentication. One or more permanent Global Notes issued and delivered hereunder may be in registered form, substantially in the form set forth in Exhibit BEXHIBIT A, having the legend set forth in Exhibit CEXHIBIT B, may be issued to the Depository, to the extent such Depository is the Registered registered Holder of the applicable Senior Notes. Otherwise, Senior Notes hereunder may be issued in the form of certificated Senior Notes in registered form in substantially the form set forth in Exhibit B EXHIBIT A (the "Physical NotesPHYSICAL NOTES"), without the legend set forth in Exhibit C. EXHIBIT B. The terms and provisions contained in the Senior Notes and the Guarantees shall constitute, and are hereby expressly made, a part of this Indenture and the Company, the Guarantors Issuer and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.

Appears in 1 contract

Samples: Indenture (Franks Nursery & Crafts Inc)

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Dating; Incorporation of Form in Indenture. The Senior Notes and the Trustee's ’s certificate of authentication shall be substantially in the form of Exhibit B A which is incorporated in and made part of this Indenture. The Senior Notes shall have notations, legends or endorsements required by law, stock exchange rule, usage, or agreements to which each of the Company Issuers or any Guarantor is subject. The Company Issuers shall use "CUSIP" numbers in issuing the Senior Notes. Each Senior Note shall be dated the date of its authentication. One or more permanent Global Notes issued and delivered hereunder may be in registered form, substantially in the form set forth in Exhibit BA, having the legend set forth in Exhibit CB, may be issued to the Depository, to the extent such Depository is the Registered Holder of the applicable Senior Notes. Otherwise, Senior Notes hereunder may be issued in the form of certificated Senior Notes in registered form in substantially the form set forth in Exhibit B A (the "Physical Notes"), without the legend set forth in Exhibit C. B. The terms and provisions contained in the Senior Notes and the Guarantees shall constitute, and are hereby expressly made, a part of this Indenture and the CompanyIssuers, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.

Appears in 1 contract

Samples: Supplemental Indenture (Superior Essex Inc)

Dating; Incorporation of Form in Indenture. The aggregate principal amount of Senior Notes which may be delivered under this Indenture is limited to $26 million, subject to adjustment as set forth in Section 8.1(7). The Senior Notes may be issued from time to time. Any Senior Notes issued after the date of this Indenture shall be issued pursuant to a Company Request. The Senior Notes and the Trustee's certificate of authentication shall be substantially in the form of Exhibit B which is incorporated in and made part of this Indenture. The Senior Notes shall may have notations, legends or endorsements required by law, stock exchange rule, usage, or agreements to which the Company or any Guarantor is subject. The Company shall may use "CUSIP" numbers in issuing the Senior Notes. The Company shall approve the form of the Senior Notes. Each Senior Note shall be dated the date of its authentication. One or more permanent Global Notes issued and delivered hereunder may be in registered form, substantially in the form set forth in Exhibit B, having the legend set forth in Exhibit C, may be issued to the Depository, to the extent such Depository is the Registered Holder of the applicable Senior Notes. Otherwise, Senior Notes hereunder may be issued in the 21 30 form of certificated Senior Notes in registered form in substantially the form set forth in Exhibit B (the "Physical Notes"), without the legend set forth in Exhibit C. . The terms and provisions contained in the Senior Notes and the Guarantees shall constitute, and are hereby expressly made, a part of this Indenture and the Company, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.

Appears in 1 contract

Samples: Indenture (Raintree Healthcare Corp)

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