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 Health Care Inc), Indenture (Superior Telecommunications 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: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa), Indenture (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 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)

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: Indenture (Superior Essex 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 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)

Dating; Incorporation of Form in Indenture. The Senior Notes and the Trustee's certificate of authentication with respect thereto shall be substantially in the form of Exhibit B which is incorporated in and made part of this IndentureA hereto. The Senior Notes shall may have such notations, legends or endorsements as are required by law, stock exchange rule, rule or 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 The Notes issued and delivered hereunder may shall 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 denominations of the applicable Senior Notes$1,000 and integral multiples thereof. 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 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. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling. Notes issued in global form shall be substantially in the form of Exhibit A attached hereto (including the Global Note Legend and the "Schedule of Exchanges in the Global Note" attached thereto). Notes issued in certificated form shall be substantially in the form of Exhibit A attached hereto (but without the Global Note Legend and without the "Schedule of Exchanges of Interests in the Global Note" attached thereto). Each Global Note shall represent such of the outstanding Notes as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Notes from time to time endorsed thereon and that the aggregate principal amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a Global Note to reflect the amount of any increase or decrease in the aggregate principal amount of outstanding Notes represented thereby shall be made by the Trustee or, at the direction of the Trustee, by the Note Custodian, in accordance with instructions given by the Holder thereof as required by Section 2.6 hereof.

Appears in 1 contract

Samples: Indenture (Healthcor Holdings Inc)

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