Deposited Money and Government Obligations to Be Held in Trust. Other Miscellaneous Provisions 44 SECTION 9.04. Reinstatement 45 SECTION 9.05. Moneys Held by Paying Agent 45 SECTION 9.06. Moneys Held by Trustee 45 ARTICLE TEN GUARANTEE 46 SECTION 10.01. Guarantee 46 SECTION 10.02. Limitation on Guarantor Liability 47 SECTION 10.03. Execution and Delivery of Guarantee 47 SECTION 10.04. Guarantors May Consolidate, etc., on Certain Terms 48 SECTION 10.05. Release of a Subsidiary Guarantor 48 SECTION 10.06. Contribution 49 ARTICLE ELEVEN MISCELLANEOUS 49 SECTION 11.01. TIA Controls 49 SECTION 11.02. Notices 49 SECTION 11.03. Communications by Holders with Other Holders 50 SECTION 11.04. Certificate and Opinion as to Conditions Precedent 50 SECTION 11.05. Statements Required in Certificate and Opinion 51 SECTION 11.06. Form of Documents Delivered to Trustee 51 SECTION 11.07. Rules by Trustee and Agents 52 SECTION 11.08. Legal Holidays 52 SECTION 11.09. Governing Law 52 SECTION 11.10. No Adverse Interpretation of Other Agreements 52 SECTION 11.11. Successors 52 SECTION 11.12. Benefits of Indenture 52 SECTION 11.13. Multiple Counterparts 52 SECTION 11.14. Table of Contents, Headings, etc 52 SECTION 11.15. Separability 53 SECTION 11.16. USA PATRIOT Act 53 SECTION 11.17. Force Majeure 53 EXHIBIT A FORM OF SECURITY A-1 INDENTURE, dated as of March 6, 2014 between Catamaran Corporation, a corporation duly organized and existing under the laws of the Yukon Territory, Canada, as issuer (the “Company”), and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”). The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured senior debentures or notes or other evidences of indebtedness (hereinafter called “Securities”) to be issued in one or more series as provided in and in accordance with this Indenture. Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the Holders (as defined herein) of the Securities of any series hereunder.
Appears in 1 contract
Deposited Money and Government Obligations to Be Held in Trust. Other Miscellaneous Provisions 44 Provisions. 46 SECTION 9.04. Reinstatement 45 Reinstatement. 47 SECTION 9.05. Moneys Held by Paying Agent 45 Agent. 47 SECTION 9.06. Moneys Held by Trustee 45 Trustee. 47 ARTICLE TEN GUARANTEE 46 48 SECTION 10.01. Guarantee 46 48 SECTION 10.02. Limitation on Guarantor Liability 47 49 SECTION 10.03. Execution and Delivery of Guarantee 47 49 SECTION 10.04. Guarantors May Consolidate, etc., on Certain Terms 48 49 SECTION 10.05. Release of a Subsidiary Guarantor 48 SECTION 10.06. Contribution 49 50 ARTICLE ELEVEN MISCELLANEOUS 49 51 SECTION 11.01. TIA Controls 49 Controls. 51 SECTION 11.02. Notices 49 Notices. 51 SECTION 11.03. Communications by Holders with Other Holders 50 Holders. 52 SECTION 11.04. Certificate and Opinion as to Conditions Precedent 50 Precedent. 52 SECTION 11.05. Statements Required in Certificate and Opinion 51 Opinion. 52 SECTION 11.06. Form of Documents Delivered to Trustee 51 Trustee. 53 SECTION 11.07. Rules by Trustee and Agents 52 Agents. 53 SECTION 11.08. Legal Holidays 52 Holidays. 53 SECTION 11.09. Governing Law 52 Law. 53 SECTION 11.10. No Adverse Interpretation of Other Agreements 52 Agreements. 54 SECTION 11.11. Successors 52 Successors. 54 SECTION 11.12. Benefits of Indenture 52 Indenture. 54 SECTION 11.13. Multiple Counterparts 52 Counterparts. 54 SECTION 11.14. Table of Contents, Headings, etc 52 etc. 54 SECTION 11.15. Separability 53 SECTION 11.16Separability. USA PATRIOT Act 53 SECTION 11.17. Force Majeure 53 54 EXHIBIT A FORM OF SECURITY A-1 EXHIBIT B FORM OF SUPPLEMENTAL INDENTURE TO BE DELIVERED BY GUARANTORS B-1 INDENTURE, dated as of March 6August , 2014 2011 between Catamaran CorporationFLIR Systems, a corporation duly organized and existing under the laws of the Yukon TerritoryInc., Canadaan Oregon corporation, as issuer (the “Company”), and Wilmington Trust, U.S. Bank National Association, a national banking association, as trustee (the “Trustee”). The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured senior debentures or notes or other evidences of indebtedness (hereinafter called “Securities”) to be issued in one or more series as provided in and in accordance with this Indenture. Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the Holders (as defined herein) of the Securities of any series hereunderSecurities.
Appears in 1 contract
Samples: Indenture (Flir Systems Inc)
Deposited Money and Government Obligations to Be Held in Trust. Other Miscellaneous Provisions 44 SECTION 9.04Provisions. Reinstatement 45 SECTION 9.05120 Section 12.03. Moneys Held by Paying Agent 45 SECTION 9.06Repayment to the Company. Moneys Held by Trustee 45 120 ARTICLE TEN GUARANTEE 46 SECTION 10.01THIRTEEN MISCELLANEOUS 121 Section 13.01. Guarantee 46 SECTION 10.02No Adverse Interpretation of Other Agreements. Limitation on Guarantor Liability 47 SECTION 10.03121 Section 13.02. Execution and Delivery of Guarantee 47 SECTION 10.04Notices. Guarantors May Consolidate, etc., on Certain Terms 48 SECTION 10.05121 Section 13.03. Release of a Subsidiary Guarantor 48 SECTION 10.06[Reserved]. Contribution 49 ARTICLE ELEVEN MISCELLANEOUS 49 SECTION 11.01. TIA Controls 49 SECTION 11.02. Notices 49 SECTION 11.03. Communications by Holders with Other Holders 50 SECTION 11.04122 Section 13.04. Certificate and Opinion as to Conditions Precedent 50 SECTION 11.05Precedent. 122 Section 13.05. Statements Required in Certificate and Opinion 51 SECTION 11.06or Opinion. Form of Documents Delivered to Trustee 51 SECTION 11.07122 Section 13.06. Rules by Trustee and Agents 52 SECTION 11.08Agents. Legal Holidays 52 SECTION 11.09123 Section 13.07. No Personal Liability of Directors, Officers, Employees and Stockholders. 123 Section 13.08. Governing Law 52 SECTION 11.10Law. No Adverse Interpretation 123 Section 13.09. [Reserved.] 123 Section 13.10. Successors. 123 Section 13.11. Severability. 123 Section 13.12. Counterpart Originals. 123 Section 13.13. Acts of Other Agreements 52 SECTION 11.11Holders. Successors 52 SECTION 11.12124 Section 13.14. Benefits Benefit of Indenture 52 SECTION 11.13Indenture. Multiple Counterparts 52 SECTION 11.14125 Section 13.15. Table of Contents, Headings, etc 52 SECTION 11.15Etc. Separability 53 SECTION 11.16125 ARTICLE FOURTEEN COLLATERAL AND SECURITY 125 Section 14.01. USA PATRIOT Act 53 SECTION 11.17Security Interest. Force Majeure 53 EXHIBIT 125 Section 14.02. Post-Issue Date Collateral Requirements. 126 Section 14.03. Further Assurances; Liens on Additional Property. 127 Section 14.04. [Reserved]. 129 Section 14.05. Collateral Trust Agreement. 129 Section 14.06. Release of Liens in Respect of Notes. 130 Section 14.07. Collateral Trustee. 131 Section 14.08. Insurance. 131 Section 14.09. Additional Obligations of the Company. 132 Section 14.10. No Obligation. 132 Exhibit A FORM OF SECURITY A-1 INDENTUREForm of Note Exhibit B-1 Form of Certificate of Transfer Exhibit B-2 Form of Certificate of Transfer for Institutional Accredited Investors Exhibit C Form of Certificate of Exchange Exhibit D Form of Notation of Guarantee Exhibit E Form of Guarantor Supplemental Indenture INDENTURE (this “Indenture”), dated as of March 6June 17, 2014 2020, by and between Catamaran CorporationSM Energy Company, a Delaware corporation duly organized and existing under the laws of the Yukon Territory, Canada, as issuer (the “Company”), and Wilmington TrustUMB Bank, National Association, a national banking associationN.A., as trustee (the “Trustee”). The Company has duly authorized and the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured senior debentures or notes or other evidences of indebtedness (hereinafter called “Securities”) to be issued in one or more series as provided in and in accordance with this Indenture. Each party agrees Trustee agree as follows for the benefit of the each other party and for the equal and ratable benefit of the Holders (as defined hereinbelow) of the Securities of any series hereunder.Company’s 10.00% Senior Secured Notes due 2025 (the “Notes”):
Appears in 1 contract
Samples: Indenture (SM Energy Co)
Deposited Money and Government Obligations to Be Held in Trust. Other Miscellaneous Provisions 44 46 SECTION 9.04. Reinstatement 45 47 SECTION 9.05. Moneys Held by Paying Agent 45 47 SECTION 9.06. Moneys Held by Trustee 45 47 ARTICLE TEN GUARANTEE 46 48 SECTION 10.01. Guarantee 46 48 SECTION 10.02. Limitation on Guarantor Liability 47 49 SECTION 10.03. Execution and Delivery of Guarantee 47 49 SECTION 10.04. Guarantors May Consolidate, etc., on Certain Terms 48 49 SECTION 10.05. Release of a Subsidiary Guarantor 48 SECTION 10.06. Contribution 49 50 ARTICLE ELEVEN MISCELLANEOUS 49 51 SECTION 11.01. TIA Controls 49 51 SECTION 11.02. Notices 49 51 SECTION 11.03. Communications by Holders with Other Holders 50 52 SECTION 11.04. Certificate and Opinion as to Conditions Precedent 50 52 SECTION 11.05. Statements Required in Certificate and Opinion 51 52 SECTION 11.06. Form of Documents Delivered to Trustee 51 53 SECTION 11.07. Rules by Trustee and Agents 52 53 SECTION 11.08. Legal Holidays 52 53 SECTION 11.09. Governing Law 52 53 SECTION 11.10. No Adverse Interpretation of Other Agreements 52 54 SECTION 11.11. Successors 52 54 SECTION 11.12. Benefits of Indenture 52 54 SECTION 11.13. Multiple Counterparts 52 54 SECTION 11.14. Table of Contents, Headings, etc 52 etc. 54 SECTION 11.15. Separability 53 SECTION 11.16. USA PATRIOT Act 53 SECTION 11.17. Force Majeure 53 54 EXHIBIT A FORM OF SECURITY A-1 EXHIBIT B FORM OF SUPPLEMENTAL INDENTURE TO BE DELIVERED BY GUARANTORS B-1 INDENTURE, dated as of March 6August 19, 2014 2011 between Catamaran CorporationFLIR Systems, a corporation duly organized and existing under the laws of the Yukon TerritoryInc., Canadaan Oregon corporation, as issuer (the “Company”), and Wilmington Trust, U.S. Bank National Association, a national banking association, as trustee (the “Trustee”). The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured senior debentures or notes or other evidences of indebtedness (hereinafter called “Securities”) to be issued in one or more series as provided in and in accordance with this Indenture. Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the Holders (as defined herein) of the Securities of any series hereunderSecurities.
Appears in 1 contract
Samples: Indenture (Flir Systems Inc)