Common use of Evidence of Guarantee Clause in Contracts

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form included in the Notes attached as Exhibits A and B. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 9 contracts

Samples: Indenture (Dune Energy Inc), Indenture, (Broadview Networks Holdings Inc), Indenture (Eschelon Telecom Inc)

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Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form included in- cluded in the Notes attached as Exhibits A and B. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 2 contracts

Samples: Coinmach Corp, Appliance Warehouse of America Inc

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form forms included in the Notes attached as Exhibits Exhibit A and Exhibit B. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 2 contracts

Samples: McLeodUSA Holdings Inc, McLeodusa Inc

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Guarantors Guarantors, as of the Issue Date or any time hereafter, hereby agrees to execute the notation of Guarantee in substantially the form included in the Notes attached as Exhibits A and B. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 2 contracts

Samples: Viskase Companies Inc, Viskase Companies Inc

Evidence of Guarantee. To evidence their guarantees Guarantee to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form applicable forms included in the Notes attached as Exhibits Exhibit A and Exhibit B. Each such The notation of Guarantee shall be signed on behalf of each Guarantor by an Officer Officer, Secretary or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees Secretary by manual or facsimile signature. If an Officer whose signature is on a Note notation of the Guarantee was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates a Note on which such Notenotation of Guarantee appears, such Note notation of Guarantee shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Indenture (Verrazano,inc.)

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form applicable forms included in the Notes attached as Exhibits Exhibit A and Exhibit B. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer Officer, Secretary or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees Secretary by manual or facsimile signature. If an Officer whose signature is on a Note notation of the Guarantee was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates a Note on which such Notenotation of Guarantee appears, such Note notation of Guarantee shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Altra Industrial Motion, Inc.)

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article TenARTICLE TEN, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form included in the Notes attached as Exhibits EXHIBITS A and B. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly - 76 - authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section SECTION 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Mortons Restaurant Group Inc

Evidence of Guarantee. To evidence their guarantees Guarantees to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form included in the Notes attached as Exhibits A and B. Exhibit A. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant SecretaryOfficer. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Indenture, (Tcby of Australia, Inc.)

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the U.S. Guarantors hereby agrees to execute the notation of Guarantee in substantially the form applicable forms included in the Notes attached as Exhibits Exhibit A and Exhibit B. Each such notation of Guarantee shall be signed on behalf of each U.S. Guarantor by an Officer Officer, Secretary or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees Secretary by manual or facsimile signature. If an Officer whose signature is on a Note notation of the Guarantee was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates a Note on which such Notenotation of Guarantee appears, such Note notation of Guarantee shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Indenture, (Boston Gear LLC)

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form included in the Notes attached as Exhibits A Exhibit X-0, Xxxxxxx X-0, Xxxxxxx X-0 and B. Exhibit B-2. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Indenture, (Atlantic Paratrans of Arizona, Inc.)

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Evidence of Guarantee. To evidence their guarantees obligations as co-issuers of the Debentures to the Holders set forth in this Article TenXI, each of the Guarantors hereby agrees to execute the notation of Debenture Guarantee in substantially the form included in the Notes attached as Exhibits A and Exhibit B. Each such notation of Debenture Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be validOfficer. Each Guarantor hereby agrees that its Debenture Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note Debenture a notation of such Debenture Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Debenture Guarantee no longer holds that office at the time the Trustee authenticates the Note Debenture on which a Debenture Guarantee is endorsed, the Debenture Guarantee shall be valid nevertheless. The delivery of any Note Debenture by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Debenture Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Umt Holdings Lp

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form applicable forms included in the Notes attached as Exhibits A and B. Exhibit A. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note notation of the Guarantee was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates a Note on which such Notenotation of Guarantee appears, such Note notation of Guarantee shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Indenture (United Maritime Group, LLC)

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Subsidiary Guarantors hereby agrees to execute the notation of Subsidiary Guarantee in substantially the form included in the Notes attached hereto as Exhibits Exhibit A and B. Each such notation of Subsidiary Guarantee shall be signed on behalf of each Subsidiary Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Subsidiary Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors.

Appears in 1 contract

Samples: Coinmach Laundry Corp

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article TenX, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form included in the Notes attached as Exhibits Exhibit A and Exhibit B. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Indenture, (Atlantic Express Transportation Corp)

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article TenARTICLE TEN, the Company, the Subsidiary Issuer, and each of the Guarantors hereby agrees agree to execute the notation of Guarantee guarantee in substantially the form included in the Notes attached as Exhibits EXHIBITS A and B. Each such notation of Guarantee guarantee shall be signed on behalf of Company, the Subsidiary Issuer, and each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Company, the Subsidiary Issuer and each of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Unit or a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Unit or Note, such Unit or Note shall nevertheless be valid. Each of the Company, the Subsidiary Issuer and each Guarantor hereby agrees that its Guarantee guarantee set forth in Section SECTIONS 10.01, 10.01 AND 10.03, respectively, shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranteeguarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Parent Guarantee, Subsidiary Issuer Guarantee or Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee any such guarantee is endorsed, the Guarantee such guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Parent Guarantee, Subsidiary Issuer Guarantee and Guarantee set forth in this Indenture on behalf of the Company, the Subsidiary Issuer, and Guarantors.

Appears in 1 contract

Samples: Hockey Co

Evidence of Guarantee. To evidence their guarantees to the Holders set forth in this Article Ten, each of the Guarantors hereby agrees to execute the notation of Guarantee in substantially the form included in the Notes attached as Exhibits A A-1 and B. A-2 and B-1 and B-2. Each such notation of Guarantee shall be signed on behalf of each Guarantor by an Officer or an assistant Secretary. An Officer (who shall, in each case, have been duly authorized by all requisite corporate actions) of the Guarantors shall execute the Guarantees by manual or facsimile signature. If an Officer whose signature is on a Note was an Officer at the time of such execution but no longer holds that office or position at the time the Trustee authenticates such Note, such Note shall nevertheless be valid. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer or assistant Secretary whose signature is on this Indenture or on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Indenture (MRS Fields Financing Co Inc)

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