Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 11 contracts
Samples: Indenture (NXP Semiconductors N.V.), Indenture (Freescale Semiconductor, Ltd.), Indenture (Freescale Semiconductor, Ltd.)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer Issuers by manual or facsimile signature. Typographic and other minor defects in any facsimile signature shall not affect the validity or enforceability of any Note which has been authenticated and delivered by the Trustee. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of an authorized signatory of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of an Issuer Order a written order of the Issuers signed by two Officers (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuers pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate the Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate for service of the Issuernotices and demands.
Appears in 10 contracts
Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (Vici Properties Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (including “.pdf”) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto A, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes or Exchange Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes or Exchange Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 7 contracts
Samples: Indenture (APX Group Holdings, Inc.), Indenture (APX Group Holdings, Inc.), Indenture (APX Group Holdings, Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 7 contracts
Samples: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)
Execution and Authentication. At least one Officer of the Issuer Issuers shall execute the Notes on behalf of the Issuer Issuers by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuers’ Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order (together with such other documents as may be required pursuant to this Indenture), authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 6 contracts
Samples: Indenture (Vine Energy Inc.), Indenture (Vine Energy Inc.), Indenture (United States Steel Corp)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 6 contracts
Samples: Indenture (Cumulus Media Inc), Indenture (Cumulus Media Inc), Indenture (Entercom Communications Corp)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. Any such appointment shall be evidenced by an instrument signed by a Responsible Officer of the Trustee, a copy of which shall be furnished to the Issuer. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate for service of the Issuernotes and demands.
Appears in 6 contracts
Samples: Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (including “.pdf”) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto A, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 5 contracts
Samples: Indenture (Prestige Consumer Healthcare Inc.), Indenture (Vivint Smart Home, Inc.), Indenture (Prestige Consumer Healthcare Inc.)
Execution and Authentication. At least one Officer of the each Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an on Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 5 contracts
Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.), Indenture (Communications Sales & Leasing, Inc.)
Execution and Authentication. At least one Officer Two Officers of the Issuer Company shall execute sign the Notes on behalf of for the Issuer Company, by manual or facsimile signature. If an Officer of the Issuer Company whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the such Note is authenticated such Note shall nevertheless be validvalid nevertheless. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature of the Trustee shall be conclusive evidence that the a Note has been duly authenticated and delivered under in accordance with the terms of this Indenture. On the Issue Date, the Trustee shallThe Trustee, upon receipt a written order of an Issuer Order the Company signed by two Officers of the Company (an “Authentication Order”), shall authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for original issue in an aggregate principal amount specified in such order. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated and the date on which the original issue of Notes is to be authenticated. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate the Notes. An Unless limited by the terms of such appointment, any such authenticating agent may authenticate the Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agentauthenticating agent of the Trustee. An authenticating agent has the same rights as an Agent to deal with Holders the Company or an Affiliate of the IssuerCompany.
Appears in 5 contracts
Samples: Indenture (Science Craftsman INC), Indenture (Landrys Restaurants Inc), Indenture (Hhgregg, Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic transmission signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 4 contracts
Samples: Indenture (Amentum Holdings, Inc.), Indenture (Covanta Holding Corp), Indenture (New Fortress Energy Inc.)
Execution and Authentication. At least one One Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile other electronic signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 4 contracts
Samples: Indenture (JELD-WEN Holding, Inc.), Indenture (Cushman & Wakefield PLC), Indenture (Cushman & Wakefield PLC)
Execution and Authentication. At least one A Designated Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of an a written order of the Issuer Order signed by a Designated Officer of the Issuer (an “Authentication Order”), authenticate and deliver the Initial Notes. In additionNotes for original issue that may be validly issued under this Indenture, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver including any Additional Notes (including Notes to be issued in substitution for an outstanding Notes to reflect any name change of the Issuer, by succession permitted hereunder or otherwise). The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 4 contracts
Samples: Indenture (MGM Resorts International), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)
Execution and Authentication. At least one Officer of each of the Issuer Issuers shall execute the Notes on behalf of the Issuer Issuers by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or electronic signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 4 contracts
Samples: Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC)
Execution and Authentication. At least one Officer of the Issuer Two Officers shall execute sign the Notes on behalf of the for each Applicable Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature (which may be by facsimile) of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On At any time and from time to time after the Issue Dateexecution and delivery of this Indenture, the Applicable Issuers may deliver Notes executed by the Applicable Issuers to the Trustee shall, for authentication; and the Trustee shall authenticate and deliver Notes upon receipt a written order of the Applicable Issuers signed by an Issuer Order Officer of each of the Applicable Issuers (an “Authentication Order”). Such Authentication Order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated, authenticate and deliver whether the Initial Notes. In addition, at any time, from time Notes are to time, be issued as one or more Global Notes and such other information as the Applicable Issuers may include or the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an may reasonably request. The aggregate principal amount specified in such Authentication Order for such Additional of Notes issued or increased hereunderwhich may be authenticated and delivered under this Indenture is unlimited. The Trustee may appoint an authenticating agent acceptable to the Issuer Applicable Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerApplicable Issuers.
Appears in 4 contracts
Samples: Indenture (Charter Communications, Inc. /Mo/), Indenture (Charter Communications, Inc. /Mo/), Indenture (Charter Communications, Inc. /Mo/)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 4 contracts
Samples: Indenture (Aramark), Indenture (Aramark), Indenture (Aramark)
Execution and Authentication. At least one Officer of the Issuer Company shall execute the Notes on behalf of the Issuer Company by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order the Company’s order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order (together with such other documents as may be required pursuant to this Indenture), authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 4 contracts
Samples: Indenture (Crescent Energy Co), Indenture (Crescent Energy Co), Indenture (Crescent Energy Co)
Execution and Authentication. At least one Officer of the each Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile electronic signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual or electronic signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an on Issuer Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes by manual or electronic signature. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 4 contracts
Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Company by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 4 contracts
Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order (together with such other documents as may be required pursuant to this Indenture), authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 4 contracts
Samples: Indenture (Michaels Companies, Inc.), Indenture (Michaels Companies, Inc.), Indenture (PQ Group Holdings Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of an a written order of the Issuer Order signed by two Officers (an “"Authentication Order”"), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue up to the aggregate principal amount specified in stated on the face of the Notes. Each such Authentication Order for such shall specify the number, principal amount and registered Holder of each of the Notes to be authenticated, whether the Notes are to be Initial Notes or Additional Notes and whether the Notes are to be issued as Definitive Notes or increased hereunderGlobal Notes delivery instructions and such other information as The Trustee shall reasonably request. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 4 contracts
Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile facsimile, PDF or other electronically transmitted signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 3 contracts
Samples: Indenture (BMC Stock Holdings, Inc.), Indenture (Patheon Holdings Cooperatief U.A.), Indenture (Builders FirstSource, Inc.)
Execution and Authentication. At least one Officer of each of the Issuer Issuers shall execute the Notes on behalf each of the Issuer Issuers by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of any of the Issuer Issuers whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuers’ Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunderNotes. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 3 contracts
Samples: Indenture (J Crew Group Inc), Indenture (J Crew Group Inc), Restructuring Support Agreement (J Crew Group Inc)
Execution and Authentication. At least one Officer Two Officers of the Issuer Company shall execute sign the Notes on behalf of for the Issuer Company, by manual or facsimile signature. If an Officer of the Issuer Company whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the such Note is authenticated such Note shall nevertheless be validvalid nevertheless. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature of the Trustee shall be conclusive evidence that the a Note has been duly authenticated and delivered under in accordance with the terms of this Indenture. On the Issue Date, the Trustee shallThe Trustee, upon receipt a written order of an Issuer Order the Company signed by two Officers of the Company (an “"Authentication Order”"), shall authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for original issue in an aggregate principal amount specified in such order. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated and the date on which the original issue of Notes is to be authenticated. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate the Notes. An Unless limited by the terms of such appointment, any such authenticating agent may authenticate the Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agentauthenticating agent of the Trustee. An authenticating agent has the same rights as an Agent to deal with Holders the Company or an Affiliate of the IssuerCompany.
Appears in 3 contracts
Samples: Indenture (Esterline Technologies Corp), Indenture (O Charleys Inc), Indenture (Armor Holdings Inc)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer by manual manual, facsimile, or facsimile electronic signature, which may be delivered by .pdf attachment to an email or by other electronic means. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or electronic signature of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of an a written order of the Issuer Order signed by two Officers of the Issuer (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 3 contracts
Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile, PDF attachment or facsimile other electronically transmitted signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 3 contracts
Samples: Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notesuch Note is authenticated, the such Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an a written order of the Issuer Order signed by one Officer (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders of Notes or an Affiliate of the Issuer.
Appears in 3 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Execution and Authentication. At least one An Officer of the Issuer shall execute sign the Notes on behalf of for the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of an authorized signatory of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On All Notes shall be dated the Issue Date, the date of their authentication. The Trustee shall, upon receipt of an a written Issuer Order (signed by one Officer directing the Trustee to authenticate and deliver the Notes and certifying that all conditions precedent to the issuance of the Notes contained herein have been complied with ( an “Authentication Order”)) and an Opinion of Counsel, authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue up to the aggregate principal amount specified stated in paragraph 4 of the reverse of the Notes. The aggregate principal amount of Notes outstanding at any time may not exceed such Authentication Order for such Additional Notes issued or increased hereunderamount except as provided in Section 2.17 hereof. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer to authenticate Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or the Issuer or an Affiliate of the Issuer.
Appears in 3 contracts
Samples: Indenture (Carrols Restaurant Group, Inc.), Indenture (Carrols Restaurant Group, Inc.), Indenture (Carrols Restaurant Group, Inc.)
Execution and Authentication. At least one Officer of the each Issuer shall execute must sign the Notes on behalf of the issued by such Issuer for such Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the NoteNote is authenticated, the Note shall will nevertheless be valid. A No Note shall not be entitled to any benefit under this Indenture or will be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of authorized signatory of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of an a written order of the Issuers signed by two Officers of each Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue that may be validly issued under this Indenture, including any Notes issued as Additional Securities. The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuers pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 3 contracts
Samples: Indenture (Radio One, Inc.), Indenture (Radio One, Inc.), Indenture (Primus Telecommunications Group Inc)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of a written order of the Issuer signed by an Issuer Order Officer (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer. Subject to and in accordance with Sections 2.02, 2.12, 4.10 and 4.13 the terms of this Indenture and applicable law, the aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited and the Issuer may issue Additional Notes under this Indenture.
Appears in 3 contracts
Execution and Authentication. At least one One Officer of shall sign the Issuer shall execute Senior Notes for the Notes on behalf of the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Senior Note no longer holds that office at the time the Trustee authenticates the Notea Senior Note is authenticated, the Senior Note shall nevertheless be valid. A Senior Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of an authorized signatory of the Trustee. The , and the Trustee's signature shall be conclusive evidence that the Senior Note has been duly authenticated and delivered under this Indenture. On The form of Trustee's certificate of authentication to be borne by the Issue Date, the Senior Notes shall be substantially as set forth in Exhibit A. The Trustee shall, upon receipt a written order of an Issuer Order (an “Authentication Order”)the Company signed by two Officers directing the Trustee to authenticate the Senior Notes and certifying that all conditions precedent to the issuance of the Senior Notes contained herein have been complied with, authenticate and deliver Senior Notes for original issuance up to an aggregate principal amount stated in paragraph 4 of the Initial Notes. In addition, Senior Notes (the aggregate principal amount of outstanding Senior Notes may not exceed that amount at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof). The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Senior Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Senior Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders the Company or an Affiliate of the IssuerCompany.
Appears in 3 contracts
Samples: Indenture (Ameriking Inc), Indenture (Ameriking Inc), Indenture (Ameriking Inc)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer Issuers by manual or facsimile or other electronic signature. Typographic and other minor defects in any facsimile or electronic signature shall not affect the validity or enforceability of any Note which has been authenticated and delivered by the Trustee. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile or other electronic signature of an authorized signatory of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of an Issuer Order a written order of the Issuers signed by two Officers (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuers pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate the Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate for service of the Issuernotices and demands.
Appears in 3 contracts
Samples: Indenture (Park Hotels & Resorts Inc.), Indenture (Park Hotels & Resorts Inc.), Indenture (Park Hotels & Resorts Inc.)
Execution and Authentication. At least one One Officer of the each Issuer shall execute the Notes on behalf of the Issuer Issuers by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 2 contracts
Samples: Indenture (Viasat Inc), Indenture (Viasat Inc)
Execution and Authentication. At least one Officer of each of the Issuer Issuers shall execute the Notes on behalf of the applicable Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order authenticate (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. Such Authentication Order shall specify the amount of the Notes to be authenticated and, in case of any issuance of Additional Notes pursuant to Section 2.01 hereof, shall certify that such issuance is in compliance with Section 4.09 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 2 contracts
Samples: Indenture (Nationstar Sub1 LLC), Indenture (Nationstar Sub2 LLC)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer by manual or facsimile or other electronic signature. Typographic and other minor defects in any facsimile or electronic signature shall not affect the validity or enforceability of any Note which has been authenticated and delivered by the Trustee. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile or other electronic signature of an authorized signatory of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of an a written order of the Issuer Order signed by two Officers (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate the Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate for service of the Issuernotices and demands.
Appears in 2 contracts
Samples: Indenture (RLJ Lodging Trust), Indenture (RLJ Lodging Trust)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of an Issuer Order a written order of the Company signed by one Officer (an “Authentication Order”), authenticate and deliver the Initial Notes. In additionNotes for original issue under this Indenture, at including any time, Additional Notes issued from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an . The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Company pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders Holders, the Company or an Affiliate of the IssuerCompany.
Appears in 2 contracts
Samples: Indenture (Global Crossing LTD), Indenture (Global Crossing LTD)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Company by manual manual, electronic or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Company Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 2 contracts
Samples: Indenture (Alta Equipment Group Inc.), Indenture (Alta Equipment Group Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of a Responsible Officer of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order and an Opinion of Counsel authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunderunder this Indenture. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 2 contracts
Samples: Indenture (Meredith Corp), Indenture (Meredith Corp)
Execution and Authentication. At least one One Officer of the each Issuer shall execute the Notes on behalf of the Issuer Issuers by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.authenticate
Appears in 2 contracts
Execution and Authentication. At least one An Officer of the Issuer shall execute sign the Notes on behalf of for the Issuer Company by manual manual, facsimile or facsimile PDF transmission signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of a Responsible Officer of the Trustee. The signature of a Responsible Officer of the Trustee shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of a written order of the Company signed by an Issuer Order Officer of the Company (an “Authentication Order”)) directing the Trustee to authenticate the Notes and, with respect to any Additional Notes, an Officers’ Certificate and Opinion of Counsel stating that all conditions precedent to the issuance of the Notes contained herein have been complied with, authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue in the aggregate principal amount specified stated in such Authentication Order for such Additional Notes issued or increased hereunderwritten order. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Company to authenticate Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agentagent or agents. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 2 contracts
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Issuer, by manual manual, facsimile or facsimile electronic (including “.pdf”) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 2 contracts
Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notesuch Note is authenticated, the such Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an a written order of the Issuer Order signed by one Officer (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders of Notes or an Affiliate of the Issuer.
Appears in 2 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Issuers by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the TrusteeAuthenticating Agent. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee Authenticating Agent shall, upon receipt of an Issuer Issuers’ Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee Authenticating Agent shall upon its receipt of an Authentication Order authenticate and deliver any Additional Notes and Exchange Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes or Exchange Notes issued or increased hereunder. The Trustee Registrar or Authenticating Agent may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee Authenticating Agent may do so. Each reference in this Indenture to authentication by the Trustee Authenticating Agent includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the any Issuer.
Appears in 2 contracts
Samples: Indenture (PBF Holding Co LLC), Indenture (PBF Energy Inc.)
Execution and Authentication. At least one Officer Two Officers of the Issuer Company shall execute sign the Notes on behalf of for the Issuer Company, by manual or facsimile signature. If an Officer of the Issuer Company whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the such Note is authenticated such Note shall nevertheless be validvalid nevertheless. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature of the Trustee shall be conclusive evidence that the a Note has been duly authenticated and delivered under in accordance with the terms of this Indenture. On the Issue Date, the Trustee shallThe Trustee, upon receipt a written order of an Issuer Order the Company signed by two Officers of the Company (an “Authentication Order”), shall authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for original issue in an aggregate principal amount specified in such order. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated and the date on which the original issue of Notes is to be authenticated. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate the Notes. An Unless limited by the terms of such appointment, any such authenticating agent may authenticate the Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agentauthenticating agent of the Trustee. An authenticating agent has the same rights as an Agent to deal with Holders the Company or an Affiliate of the IssuerCompany.
Appears in 2 contracts
Samples: Indenture (Esterline Technologies Corp), Indenture (Esterline Technologies Corp)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of issued by the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the NoteNote is authenticated, the Note shall will nevertheless be valid. A No Note shall not be entitled to any benefit under this Indenture or will be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of authorized signatory of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of an a written order of the Issuer Order signed by two Officers of the Issuer (an “Authentication Order”), subject to terms hereof, authenticate and deliver (i) Initial Notes for original issue in the Initial Notes. In additionaggregate amount not to exceed $240,230,710.00, at any time, (ii) Additional Notes in one or more series from time to timetime for original issue in aggregate principal amounts specified by the Issuer and (iii) on the date of the Second Supplemental Indenture, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Exchange Notes for an issue in the aggregate principal amount specified of $86,875,955, in such each case, that may be validly issued under this Indenture. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Order for such Additional Notes issued or increased hereunderOrders, except as provided in Section 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.”
Appears in 2 contracts
Samples: Note Exchange and Consent Agreement (Primus Telecommunications Group Inc), Supplemental Indenture and Amendment to Collateral Agreement (Primus Telecommunications Group Inc)
Execution and Authentication. At least one A Designated Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer by manual or facsimile signature. If an a Designated Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the electronic or manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of an a written order of the Issuer Order signed by a Designated Officer of the Issuer (an “Authentication Order”), authenticate and deliver the Initial Notes. In additionNotes for original issue that may be validly issued under this Indenture, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver including any Additional Notes (including Notes to be issued in substitution for an outstanding Notes to reflect any name change of the Issuer, by succession permitted hereunder or otherwise). The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 2 contracts
Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue DateThe Trustee, the Trustee shallor an authenticating agent, will, upon receipt of a written order of the Company signed by an Issuer Order Officer (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time Such written order shall specify the amount of the Notes to time, be authenticated and the Trustee shall upon an Authentication Order authenticate date on which the original issue of the Notes is to be authenticated and deliver any Additional whether the Notes for an are to be in global or definitive form. The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Company pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Section 2.07 hereof. The aggregate principal amount of Notes that may be issued or increased hereunderunder this Indenture is unlimited. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate the Notes, or the Company may appoint an authenticating agent. An authenticating agent may authenticate the Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 2 contracts
Samples: Supplemental Indenture (APi Group Corp), Indenture (APi Group Corp)
Execution and Authentication. At least one An Officer of the Issuer shall execute sign the Notes on behalf of for the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of an authorized signatory of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On All Notes shall be dated the Issue Date, the date of their authentication. The Trustee shall, upon receipt of an a written Issuer Order signed by one Officer directing the Trustee to authenticate and deliver the Notes and certifying that all conditions precedent to the issuance of the Notes contained herein have been complied with (an “Authentication Order”)) and an Opinion of Counsel, authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue up to the aggregate principal amount specified stated in paragraph 4 of the reverse of the Notes. The aggregate principal amount of Notes outstanding at any time may not exceed such Authentication Order for such Additional Notes issued or increased hereunderamount except as provided in Section 2.17 hereof. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer to authenticate Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or the Issuer or an Affiliate of the Issuer.
Appears in 2 contracts
Samples: Indenture (Jack Cooper Holdings Corp.), Indenture (Jack Cooper Logistics, LLC)
Execution and Authentication. At least one Officer must sign each of the Issuer shall execute the Notes on behalf of the for each Issuer by manual or facsimile signature, which may be delivered by .pdf attachment to an email or by other electronic means. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notesuch Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual manual, electronic or facsimile signature of an authorized signatory of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of a written order of the Issuers signed by an Officer of each Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuers pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunderSection 2.08 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 2 contracts
Samples: Indenture (Coty Inc.), Indenture (Coty Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Company by manual or facsimile or other electronic signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Effective Date, the Trustee shall, upon receipt of an Issuer a Company Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 2 contracts
Samples: Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto A, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes or Exchange Notes (but only upon completion of an Exchange Offer or in a sale under a Shelf Registration Statement) for an aggregate principal amount specified in such Authentication Order for such Additional Notes or Exchange Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 2 contracts
Samples: Senior Secured Notes Indenture (Cambium Learning Group, Inc.), Senior Secured Notes Indenture (American Tire Distributors Holdings, Inc.)
Execution and Authentication. At least one Officer of the each Issuer shall execute the Notes on behalf of the such Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuers’ Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes and Exchange Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes or Exchange Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 2 contracts
Samples: Indenture (DJO Finance LLC), Indenture (ReAble Therapeutics Finance LLC)
Execution and Authentication. (a) At least one Officer of the Issuer shall execute the Notes on behalf of the each Issuer by manual manual, electronic or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. .
(b) A Note of any series shall not be entitled to any benefit under this Indenture or be valid or obligatory binding obligation for any purpose until authenticated substantially in the form of Exhibit A A, Exhibit B or Exhibit C, as applicable, attached hereto by the manual manual, electronic or facsimile signature of an authorized signatory of the TrusteeTrustee or by the Authenticating Agent, as the case may be. The Such signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. .
(c) On the Issue Date, the Trustee shall, upon receipt of a written order of the Issuers signed by an Officer of each Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, time and from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for and Exchange Notes in an aggregate principal amount specified in such Authentication Order for with respect to such Additional Notes or Exchange Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 2 contracts
Samples: Indenture (NEWMONT Corp /DE/), Indenture
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue DateThe Trustee, the Trustee shallor an authenticating agent, will, upon receipt of a written order of the Company signed by an Issuer Order Officer (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time Such written order shall specify the amount of the Notes to time, be authenticated and the Trustee shall upon an Authentication Order authenticate date on which the original issue of Notes is to be authenticated and deliver any Additional whether the Notes for an are to be in global or definitive form. The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Company pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Section 2.07 hereof. The aggregate principal amount of Notes that may be issued or increased hereunderunder this Indenture is unlimited. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes, or the Company may appoint an authenticating agent. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 2 contracts
Samples: Indenture (Element Solutions Inc), Indenture (Platform Specialty Products Corp)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 2 contracts
Samples: Senior Notes Indenture (Claires Stores Inc), Senior Secured First Lien Notes Indenture (Claires Stores Inc)
Execution and Authentication. At least one An Officer of the Issuer shall execute sign the Notes on behalf of for the Issuer Issuers by manual manual, facsimile or facsimile PDF transmission signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of a Responsible Officer of the Trustee. The signature of a Responsible Officer of the Trustee shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of a written order of the Issuers signed by an Issuer Order Officer of the Parent (an “Authentication Order”)) directing the Trustee to authenticate the Notes and, authenticate and deliver except with respect to the Initial Notes. In addition, at any timean Officers’ Certificate and Opinion of Counsel stating that all conditions precedent to the issuance of the Notes contained herein have been complied with, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue in the aggregate principal amount specified stated in such Authentication Order for such Additional Notes issued or increased hereunderwritten order. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Issuers to authenticate Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agentagent or agents. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 2 contracts
Samples: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of an authorized signatory of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of a written order of the Company signed by an Issuer Order Officer of the Company (an “Authentication Order”), authenticate Notes for original issue, of which (a) $450,000,000 in aggregate principal amount will be issued on the Issue Date and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver (b) any Additional Notes for an may be issued in the future as more fully set forth in Section 2.14. The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Company pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Section 2.07 hereof. The Initial Notes and any Additional Notes issued or increased hereundershall be treated as a single class, in each case for all purposes under this Indenture, including without limitation, waivers, amendments, redemptions and offers to purchase. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto A, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Senior Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunderunder this Indenture. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (Time Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Company by manual manual, electronic or facsimile facsimile, PDF or other electronically transmitted signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Samples: Indenture (United States Steel Corp)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Sixth Supplemental Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of provided for in Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Sixth Supplemental Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Notes. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Sixth Supplemental Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Company by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee shall be entitled to receive an Officer’s Certificate and an Opinion of Counsel of the Company addressing such matters as the Trustee may reasonably request. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Samples: Indenture (Healthequity, Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notesuch Note is authenticated, the such Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an a written order of the Issuer Order signed by one Officer (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders of the Notes or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one An Officer of the Issuer shall execute sign the Notes on behalf of for the Issuer Company by manual manual, facsimile or facsimile PDF transmission signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or electronic signature of a Responsible Officer of the Trustee. The signature of a Responsible Officer of the Trustee shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of a written order of the Company signed by an Issuer Order Officer of the Company (an “Authentication Order”)) directing the Trustee to authenticate the Notes and, authenticate and deliver except with respect to the Initial Notes. In addition, at any timean Officer’s Certificate and Opinion of Counsel stating that all conditions precedent to the issuance of the Notes contained herein have been complied with, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue in the aggregate principal amount specified stated in such Authentication Order for such Additional Notes issued or increased hereunderwritten order. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer Company to authenticate Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agentagent or agents. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Samples: Indenture (Atkore Inc.)
Execution and Authentication. At least one Officer of the Issuer Company shall execute the Notes on behalf of the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer a Company’s Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Samples: Indenture (Brightstar Corp.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Second Supplemental Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of provided for in Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Second Supplemental Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Notes. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Second Supplemental Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notesuch Note is authenticated, the such Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders of Notes or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile, PDF attachment or facsimile other electronically transmitted signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order that shall specify the principal amount of each Note to be issued upon such order, the registered Holders thereof and the related delivery instructions (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one An Officer of the Issuer shall execute sign the Notes on behalf of for the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On The form of Trustee's certificate of authentication to be borne by the Issue Date, the Notes shall be substantially as set forth in EXHIBIT A-1 or EXHIBIT A-2 hereto. The Trustee shall, upon receipt a written order of the Company signed by an Issuer Order (an “Authentication Order”)Officer directing the Trustee to authenticate the Notes, authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue up to the aggregate principal amount specified stated in such Authentication Order paragraph 4 of the Notes. The Trustee shall, upon written order of the Company signed by an Officer, authenticate New Senior Subordinated Notes for such Additional original issuance in exchange for a like principal amount of Senior Subordinated Notes issued exchanged in the Exchange Offer or increased hereunderotherwise exchanged for New Senior Subordinated Notes pursuant to the terms of the Registration Rights Agreement. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount stated in paragraph 4 of the Notes, except as provided in Section 2.07 hereof. The Trustee may (at the Company's expense) appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders the Company or an Affiliate of the IssuerCompany.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of an authorized signatory of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of a written order of the Issuer signed by an Issuer Order Officer (an “Authentication Order”), authenticate and deliver the Initial Notes. In additionNotes for original issue that may be validly issued under this Indenture, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver including any Additional Notes for an up to the aggregate principal amount specified stated in such Authentication Order for such Additional Notes issued hereunder. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or increased hereundermore Authentication Orders, except as provided in Section 2.08 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (Evraz North America PLC)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the each Issuer by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any (i) Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunderand (ii) PIK Notes for an aggregate principal amount specified in the applicable PIK Notice. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 1 contract
Samples: Indenture (Michaels Companies, Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notesuch Note is authenticated, the such Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes and Exchange Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes or Exchange Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders of Notes or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one One Officer of shall sign the Issuer shall execute the Notes on behalf of Debentures for the Issuer by manual or facsimile signature. The Issuer's seal may be reproduced on the Debentures and may be in facsimile form. If an Officer of the Issuer whose signature is on a Note Debenture no longer holds that office at the time the Trustee authenticates the Notea Debenture is authenticated, the Note Debenture shall nevertheless be valid. A Note Debenture shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note Debenture has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt a written order of an the Issuer Order signed by one Officer (an “"Authentication Order”"), authenticate and deliver Debentures for original issue up to the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified at maturity stated in paragraph 4 of the Debentures plus Debentures issued to pay Liquidated Damages pursuant to paragraph 2 of the Debentures. The aggregate principal amount at maturity of Debentures outstanding at any time may not exceed such Authentication Order for such Additional Notes issued or increased hereunderamount except as provided in Section 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate NotesDebentures. An authenticating agent may authenticate Notes Debentures whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the each Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notesuch Note is authenticated, the such Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order a written order of the Issuers (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 1 contract
Samples: Intercreditor Agreement (Houghton Mifflin Harcourt Co)
Execution and Authentication. At least one Officer of the Issuer each Company shall execute the Notes on behalf of the Issuer by manual or facsimile electronic signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual or electronic signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer a Company Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes by manual or electronic signature. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Samples: Indenture (Service Properties Trust)
Execution and Authentication. At least one Officer of the each Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile electronic signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an on Issuer Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes by manual or electronic signature. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 1 contract
Samples: Indenture (Uniti Group Inc.)
Execution and Authentication. (a) At least one Officer must sign the Notes for each of the Issuer shall execute the Notes on behalf of the Issuer Issuers by manual manual, facsimile, .pdf attachment or facsimile other electronically transmitted signature. .
(b) If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. .
(c) A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the .
(d) The Trustee shallwill, upon receipt of a written order of the Issuers signed by an Issuer Order Officer of each of the Issuers (an “Authentication Order”), authenticate and deliver the Initial Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an The aggregate principal amount specified of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuers pursuant to one or more Authentication Orders, except as provided in such Authentication Order for such Additional Notes issued or increased hereunder. Section 2.09.
(e) The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
(f) Subject to and in accordance with Sections 2.02, 2.14 and 4.10, the terms of this Indenture, the aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited and the Issuers may issue Additional Notes under this Indenture.
Appears in 1 contract
Samples: Indenture (Lennar Corp /New/)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Sixteenth Supplemental Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of provided for in Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Sixteenth Supplemental Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Notes. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Sixteenth Supplemental Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Fortieth Supplemental Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of provided for in Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Fortieth Supplemental Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Notes. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated. The Trustee may appoint an authenticating agent (“Authenticating Agent”) acceptable to the Issuer to authenticate Notes. An authenticating agent Authenticating Agent may authenticate Notes whenever the Trustee may do so. Each reference in this Fortieth Supplemental Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent Authenticating Agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “"Authentication Order”"), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Exchange Notes for an aggregate principal amount specified in such Authentication Order for such Exchange Notes issued hereunder. Additional Notes may be issued or increased hereunderfrom time to time subject to Section 4.09. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (Cogent Management Inc)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. Any such appointment shall be evidenced by an instrument signed by a Responsible Officer of the Trustee, a copy of which shall be furnished to the Issuer. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate for service of the Issuer.notes and demands. 84111084_1
Appears in 1 contract
Samples: Indenture (Iqvia Holdings Inc.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Issuers by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of the TrusteeAuthenticating Agent. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee Authenticating Agent shall, upon receipt of an Issuer Issuers’ Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee Authenticating Agent shall upon its receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee Registrar or Authenticating Agent may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee Authenticating Agent includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the any Issuer.
Appears in 1 contract
Samples: Indenture (PBF Energy Co LLC)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Fourth Supplemental Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of provided for in Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Fourth Supplemental Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Notes. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Fourth Supplemental Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Seventh Supplemental Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of provided for in Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Seventh Supplemental Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Notes. Such Authentication Order for such Additional shall specify the amount of the Notes issued or increased hereunderto be authenticated. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Seventh Supplemental Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes or PIK Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes or PIK Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (Petco Holdings Inc)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an on Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for in an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (Halyard Health, Inc.)
Execution and Authentication. At least one Officer of the Issuer Company shall execute the Notes on behalf of the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto A, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer a Company Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall shall, upon an Authentication Order Order, authenticate and deliver any Additional Notes and Exchange Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes or Exchange Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute must sign the Notes on behalf of for the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall will nevertheless be valid. A Note shall will not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall will be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shallwill, upon receipt of a written order of the Company signed by an Issuer Order Officer (an “Authentication Order”), authenticate and deliver the Initial Notes. In additionNotes for original issue that may be validly issued under this Indenture, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver including any Additional Notes for an up to the aggregate principal amount specified stated in paragraph 4 of the Notes and on the basis of such Authentication Order Order. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for such Additional Notes issued issuance by the Company pursuant to one or increased hereundermore Authentication Orders, except as provided in Section 2.07 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do soso and only upon receipt of an Authentication Order. Each reference in this Indenture to authentication by the Trustee includes authentication by such agentauthenticating agent of the Trustee. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes in the aggregate principal amount or amounts specified in such Authentication Order. It is understood that, notwithstanding anything in this Indenture to the contrary, only an Authentication Order and not an Opinion of Counsel is required for the Trustee to authenticate the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (West Corp)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile, PDF attachment or facsimile other electronically transmitted signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunderunder this Indenture. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one An Officer of the Issuer shall execute sign the Notes on behalf of for the Issuer by manual manual, facsimile or facsimile PDF transmission signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of a Responsible Officer of the Trustee. The signature of a Responsible Officer of the Trustee shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the The Trustee shall, upon receipt of a written order of the Issuer signed by an Officer of the Issuer Order (an “Authentication Order”)) directing the Trustee to authenticate the Notes and, with respect to any Additional Notes, an Officers’ Certificate and Opinion of Counsel stating that all conditions precedent to the issuance of the Notes contained herein have been complied with, authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any Additional Notes for an original issue in the aggregate principal amount specified stated in such Authentication Order for such Additional Notes issued or increased hereunderwritten order. The Trustee may appoint an authenticating agent reasonably acceptable to the Issuer to authenticate Notes. An Unless limited by the terms of such appointment, an authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agentagent or agents. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (Vertiv Holdings Co)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer Company by manual manual, facsimile or facsimile electronic (in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order a written request or order signed on behalf of the Company by the principal executive officer, the principal financial officer, the treasurer or the principal accounting officer of the Company (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, time or from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Company to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerCompany.
Appears in 1 contract
Samples: Indenture (Foot Locker, Inc.)
Execution and Authentication. At least one An Officer of the Issuer shall execute sign the Notes on behalf of for the Issuer Company by manual or facsimile signature. If an Officer of the Issuer whose facsimile signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be validvalid nevertheless. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in an authorized signatory of the form of Exhibit A attached hereto by Trustee manually authenticates the manual Note. The signature of the Trustee. The signature Trustee on a Note shall be conclusive evidence that the such Note has been duly and validly authenticated and delivered issued under this Indenture. On The Trustee shall authenticate and deliver: (i) Initial Notes for original issue in an aggregate principal amount of $650,000,000, (ii) if and when issued, Additional Notes (which may be issued in either a registered or a private offering under the Issue DateSecurities Act) and (iii) Exchange Notes for issue only in an exchange offer pursuant to a Registration Rights Agreement, the Trustee shall, upon receipt and only in exchange for Initial Notes or Additional Notes of an Issuer Order equal principal amount, in each case upon a written order of the Company signed by one Officer of the Company (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon an Authentication Order authenticate and deliver any The Company may issue Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunderunder this Indenture subsequent to the Issue Date, subject to Section 4.09 of this Indenture. The Trustee may appoint an authenticating agent (the “Authenticating Agent”) reasonably acceptable to the Issuer Company to authenticate the Notes. An authenticating agent Unless limited by the terms of such appointment, any such Authenticating Agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (including in “.pdf” format) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Issuer’s Order (an “Authentication Order”), authenticate and deliver the Initial NotesNotes in the aggregate principal amount or amounts specified in such Authentication Order. In addition, at any time, from time to time, the Trustee shall shall, upon receipt of an Authentication Order Order, authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (Staples Inc)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto hereto, as the case may be, by the manual signature of an authorized signatory of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, time and from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. Such Authentication Order shall specify the amount of the Notes to be authenticated and, in case of any issuance of Additional Notes pursuant to Section 2.01 hereof, shall certify that such issuance is in compliance with Section 2.01 and Section 4.09 hereof. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract
Samples: Indenture (Patheon Inc)
Execution and Authentication. At least one Officer of each of the Issuer Issuers shall execute the Notes on behalf of the Issuer Issuers by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer Issuers to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the IssuerIssuers.
Appears in 1 contract
Samples: Indenture (Nielsen CO B.V.)
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual manual, facsimile or facsimile electronic (including “.pdf”) signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notea Note is authenticated, the Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders Holders, the Issuer or an Affiliate Affiliates of the Issuer.
Appears in 1 contract
Execution and Authentication. At least one Officer of the Issuer shall execute the Notes on behalf of the Issuer by manual or facsimile signature. If an Officer of the Issuer whose signature is on a Note no longer holds that office at the time the Trustee authenticates the Notesuch Note is authenticated, the such Note shall nevertheless be valid. A Note shall not be entitled to any benefit under this Indenture or be valid or obligatory for any purpose until authenticated substantially in the form of Exhibit A attached hereto by the manual or facsimile signature of the Trustee. The signature shall be conclusive evidence that the Note has been duly authenticated and delivered under this Indenture. On the Issue Date, the Trustee shall, upon receipt of an Issuer Order (an “Authentication Order”), authenticate and deliver the Initial Notes. In addition, at any time, from time to time, the Trustee shall upon receipt of an Authentication Order authenticate and deliver any Additional Notes and Exchange Notes for an aggregate principal amount specified in such Authentication Order for such Additional Notes or Exchange Notes issued or increased hereunder. The Trustee may appoint an authenticating agent acceptable to the Issuer to authenticate Notes. An authenticating agent may authenticate Notes whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such agent. An authenticating agent has the same rights as an Agent to deal with Holders or an Affiliate of the Issuer.
Appears in 1 contract