Common use of Execution and Delivery of Guarantee Clause in Contracts

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 18 contracts

Samples: Indenture (CNX Coal Finance Corp.), Indenture (CNX Coal Finance Corp.), Indenture (Global Operating LLC)

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Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer officer of such Subsidiary Guarantor, or in the case of a Subsidiary Guarantor that is a limited Company, an officer of the Company of each Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer officer of any Subsidiary Guarantor, or in the case of a Subsidiary Guarantor that is a limited Company, any officer of the Company of the Subsidiary Guarantor, whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 13 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer officer of such Subsidiary Guarantor, or in the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner of each Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer officer of any the Subsidiary Guarantor, or in the case of a Subsidiary Guarantor that is a limited partnership, any officer of the general partner of the Subsidiary Guarantor, whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 11 contracts

Samples: Indenture (Penn Virginia Resource Partners L P), Indenture (Pacific Energy Group LLC), Indenture (PVR Natural Gas Gathering LLC)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.012, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto as Annex A, of EXHIBIT A shall be endorsed by an officer of such Guarantor on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Supplemental Indenture shall be executed on behalf of such Guarantor, by either manual or facsimile signature signature, by its President or one of an Officer of such Subsidiary Guarantorits Vice Presidents. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 2 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Supplemental Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 10 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 9 contracts

Samples: Indenture (USA Compression Finance Corp.), Indenture (Stonemor Florida Subsidiary LLC), Indenture (Stonemor Florida Subsidiary LLC)

Execution and Delivery of Guarantee. To further evidence the its Subsidiary Guarantee set forth in Section 14.0110.1, each of the Subsidiary Guarantors hereby Guarantor agrees that this Indenture or a notation relating to such Guarantee, supplemental indenture in substantially in the form attached hereto as Annex A, Exhibit B shall be endorsed executed on each Debt Security entitled to the benefits behalf of the Guarantee authenticated and delivered such Subsidiary Guarantor by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor (or, if an officer is not available, by a board member or director or other duly authorized signatory) on behalf of such Subsidiary Guarantor. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Subsidiary Guarantee set forth in Section 14.01 10.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer absence of the endorsement of any notation of such Subsidiary Guarantee on the Notes. In case the Officer, board member or director of such Subsidiary Guarantor whose signature is on this Indenture or a Debt Security supplemental indenture, as applicable, no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterNote, the Subsidiary Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 8 contracts

Samples: Indenture (Group 1 Automotive Inc), Indenture (Papa Johns International Inc), Indenture (Switch, Inc.)

Execution and Delivery of Guarantee. (a) To further evidence the Guarantee set forth in Section 14.011401, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex Ato the supplemental indenture for the applicable Securities, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer officer of such Subsidiary Guarantor, or in the case of a Guarantor that is a limited partnership, an officer of the general partner of each Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 1401 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer officer of the Guarantor, or in the case of a Guarantor that is a limited partnership, any Subsidiary Guarantor officer of the general partner of the Guarantor, whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. . (b) The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 7 contracts

Samples: Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC), Indenture (M/I Homes of Alabama, LLC)

Execution and Delivery of Guarantee. (a) To further evidence the its Note Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Note Guarantee (a “Notation of Guarantee, ”) substantially in the form attached hereto as Annex A, Exhibit D shall be endorsed by an Officer of such Guarantor by manual or facsimile signature on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary Guarantor. Guarantor by one of its Officers. (b) Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Note Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the Notation of Guarantee. . (c) If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Note Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Note Guarantee is endorsed, the Note Guarantee of such Debt Security shall be valid nevertheless. . (d) The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts . (e) If required by Section 4.17, the trusts in Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture upon and Notations of Guarantee in accordance with Section 4.17 and this Article 10, to the terms and conditions herein set forthextent applicable.

Appears in 6 contracts

Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.01401 in respect of Securities of a series issued with the benefit of Guarantees, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto as Annex A, shall be established in one or more indentures supplemental hereto or approved from time to time pursuant to Board Resolutions in accordance with Section 301, will be endorsed by an officer of the Guarantor on each Debt Security entitled to the benefits of the Guarantee that series authenticated and delivered by the Trustee and that this Indenture will be executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each on behalf of the Subsidiary Guarantors Guarantor by one of its officers. The Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall 401 will remain in full force and effect notwithstanding any failure to endorse on each Debt Security of that series a notation relating to the of such Guarantee. If any Officer of any Subsidiary Guarantor an officer whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates the Security of that series on which a Guarantee is endorsed, such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall will be valid nevertheless. The delivery of any Debt Security of a series issued with the benefit of Guarantees by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 6 contracts

Samples: Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such each Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 5 contracts

Samples: Indenture (Energy Transfer LP), Indenture (Energy Transfer LP), Indenture (Energy Transfer Partners, L.P.)

Execution and Delivery of Guarantee. (a) To further evidence the its Note Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Note Guarantee (a “Notation of Guarantee, ”) substantially in the form attached hereto as Annex A, Exhibit D shall be endorsed by an Officer of such Guarantor by manual or facsimile signature on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary Guarantor. Guarantor by one of its Officers. (b) Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Note Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the Notation of Guarantee. . (c) If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Note Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Note Guarantee is endorsed, the Note Guarantee of such Debt Security shall be valid nevertheless. . (d) The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in . (e) If required by Section 4.17, STBV shall cause such Subsidiaries to execute supplemental indentures to this Indenture upon and Notations of Guarantee in accordance with Section 4.17 and this Article 10, to the terms and conditions herein set forthextent applicable.

Appears in 4 contracts

Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0115.1, each of the Subsidiary Guarantors hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached of the notation included in the Note annexed hereto as Annex A, Exhibit A shall be endorsed on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by a duly authorized officer. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 15.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose facsimile signature is on this Indenture or a Debt Security Note no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 4 contracts

Samples: Indenture (MGM Mirage), Indenture (MGM Mirage), Indenture (MGM Grand Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantorthe General Partner. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor the General Partner, whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary GuarantorsGuarantor. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 4 contracts

Samples: Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0112.01 hereof, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached as Exhibit D hereto as Annex A, shall will be endorsed signed by an Officer of such Guarantor (by manual or facsimile signature) on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture will be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by one of its Officers. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall 12.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall will be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts In the trusts in event that the Company or any of its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17 hereof, the Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.17 hereof and this Indenture upon Article 12, to the terms and conditions herein set forthextent applicable.

Appears in 4 contracts

Samples: Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0111.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantorthe General Partner. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor the General Partner, whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary GuarantorsGuarantor. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 4 contracts

Samples: Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.)

Execution and Delivery of Guarantee. To further evidence The Guarantee to be endorsed on the Securities pursuant to Section 204 shall be deemed to include the terms of the Guarantee set forth in Section 14.01, each of the Subsidiary Guarantors this Article Thirteen. The Guarantor hereby agrees that a notation relating to such Guarantee, substantially execute the Guarantee in the form attached hereto as Annex A, shall established pursuant to Section 204 to be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and Trustee. The Guarantee shall be executed on behalf of the Guarantor by either two Officers of the Guarantor. The signature of such Officer on the Guarantee may be manual or facsimile. A Guarantee bearing the manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each individual who was at any time the proper officer of the Subsidiary Guarantors hereby agrees Guarantor shall bind the Guarantor, notwithstanding that such individual has ceased to hold such office prior to the authentication and delivery of the Security on which the Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor whose signature is on this Indenture endorsed or a Debt Security no longer holds that did not hold such office at the time date of the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid neverthelessGuarantee. The delivery of any Debt Security by the Trustee, Trustee after the authentication thereof hereunder, shall constitute due delivery of the Guarantee endorsed thereon on behalf of the respective Guarantor. The Guarantor hereby agrees that the Guarantee set forth in this Indenture Article Thirteen and in Section 204 shall remain in full force and effect notwithstanding any failure to endorse a Guarantee on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthany Security.

Appears in 4 contracts

Samples: Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01this Article 7, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such of the Guarantee, substantially in the form attached hereto as Annex Aestablished by or pursuant to an Authorizing Resolution or in one or more supplemental indentures in accordance with Section 2.01, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each on behalf of the Subsidiary Guarantors Guarantor by the Chairman of the Board, its President or one of its Vice Presidents under a facsimile of its seal reproduced thereon. The Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to of the Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Securities no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a notation of the Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 3 contracts

Samples: Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc), Indenture (Toll Corp)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.011301 hereof, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto as Annex A, of Exhibit A shall be endorsed (manually or by facsimile) by an officer of the Guarantor on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each on behalf of the Subsidiary Guarantors Guarantor by its Chairman, Vice Chairman, President, Chief Executive Officer or one of its Vice Presidents and attested to by the Treasurer, an Assistant Treasurer, the Secretary or an Assistant Secretary. The Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 1301 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any Officer of any Subsidiary Guarantor an officer whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid valid, binding and enforceable nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 3 contracts

Samples: Indenture (Hilfiger Tommy Corp), Indenture (Hilfiger Tommy Corp), Indenture (Hilfiger Tommy Usa Inc)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, this Indenture shall be endorsed executed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer behalf of such Subsidiary GuarantorGuarantor by its President, one of its Vice Presidents or its Treasurer. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security the absence of the endorsement of a notation relating to of such Guarantee on the GuaranteeNotes. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee Company hereby agrees that it shall cause each Person that becomes obligated to provide a Guarantee pursuant to Section 4.15 to execute a supplemental indenture substantially in the form of Exhibit E, pursuant to which such Person provides the guarantee set forth in this Article 10 and otherwise assumes the obligations and accepts the trusts rights of a Guarantor under this Indenture, in this Indenture upon each case with the terms same effect and conditions to the same extent as if such Person had been named herein set forthas a Guarantor.

Appears in 3 contracts

Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01this Article 7, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such of the Guarantee, substantially in the form attached hereto as Annex Aof Exhibit B hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each on behalf of the Subsidiary Guarantors Guarantor by the Chairman of the Board, its President or one of its Vice Presidents under a facsimile of its seal reproduced thereon. The Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to of the Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Securities no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a notation of the Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 3 contracts

Samples: Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc)

Execution and Delivery of Guarantee. To further evidence the its Subsidiary Guarantee set forth in Section 14.0110.1, each of the Subsidiary Guarantors hereby Guarantor agrees that this Indenture or a notation relating to such Guarantee, supplemental indenture in substantially in the form attached hereto as Annex A, Exhibit B shall be endorsed executed on each Debt Security entitled to the benefits behalf of the Guarantee authenticated and delivered such Subsidiary Guarantor by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor (or, if an officer is not available, by a board member or director or other duly authorized signatory) on behalf of such Subsidiary Guarantor. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Subsidiary Guarantee set forth in Section 14.01 10.1 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer absence of the endorsement of any notation of such Subsidiary Guarantee on the Notes. In case the Officer, board member or director of such Subsidiary Guarantor whose signature is on this Indenture or a Debt Security supplemental indenture, as applicable, no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterNote, the Subsidiary Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 3 contracts

Samples: Indenture (PROG Holdings, Inc.), Indenture (Rent a Center Inc De), Indenture (Cars.com Inc.)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0112.01 hereof, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached as Exhibit E hereto as Annex A, shall will be endorsed signed by an Officer of such Guarantor (by manual or facsimile signature) on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture will be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by one of its Officers. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall 12.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall will be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts In the trusts in event that the Company or any of its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17 hereof, the Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.17 hereof and this Indenture upon Article 12, to the terms and conditions herein set forthextent applicable.

Appears in 3 contracts

Samples: Indenture (Energy XXI Gulf Coast, Inc.), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0116.1, each of the Subsidiary Guarantors hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached of the notation included in the Note annexed hereto as Annex A, Exhibit A shall be endorsed on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by a duly authorized officer. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 16.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose facsimile signature is on this Indenture or a Debt Security Note no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 2 contracts

Samples: Indenture (MGM Mirage), Indenture (MGM Mirage)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Energy Transfer Partners, L.L.C. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor Energy Transfer Partners, L.L.C., whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 2 contracts

Samples: Indenture (Heritage Operating Lp), Indenture (ETC Texas Pipeline, LTD)

Execution and Delivery of Guarantee. (a) To further evidence the its Note Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Note Guarantee (a “Notation of Guarantee, ”) substantially in the form attached hereto as Annex A, Exhibit D shall be endorsed by an Officer of such Guarantor by manual or facsimile signature on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary Guarantor. Guarantor by one of its Officers. (b) Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Note Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the Notation of Guarantee. . (c) If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Note Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Note Guarantee is endorsed, the Note Guarantee of such Debt Security shall be valid nevertheless. . (d) The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts . (e) If required by Section 4.17, the trusts in Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture upon and Note Guarantees in accordance with Section 4.17 and this Article 10, to the terms and conditions herein set forthextent applicable.

Appears in 2 contracts

Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding N.V.)

Execution and Delivery of Guarantee. To further evidence the its Note Guarantee set forth in Section 14.0110.1, each of the Subsidiary Guarantors hereby Guarantor agrees that this Indenture or a notation relating to such Guarantee, supplemental indenture in substantially in the form attached hereto as Annex A, Exhibit B shall be endorsed executed on each Debt Security entitled to the benefits behalf of the Guarantee authenticated and delivered such Subsidiary Guarantor by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor (or, if an officer is not available, by a board member or director or other duly authorized signatory) on behalf of such Subsidiary Guarantor. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Note Guarantee set forth in Section 14.01 10.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer absence of the endorsement of any notation of such Note Guarantee on the Notes. In case the Officer, board member or director of such Subsidiary Guarantor whose signature is on this Indenture or a Debt Security supplemental indenture, as applicable, no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterNote, the Note Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 2 contracts

Samples: Indenture (MasterBrand, Inc.), Indenture (Atkore Inc.)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0111.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Energy Transfer Partners, L.L.C. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor Energy Transfer Partners, L.L.C., whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 2 contracts

Samples: Indenture (ETC Texas Pipeline, LTD), Indenture (Heritage Operating Lp)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, substantially in the form attached hereto as Annex Aincluded in Exhibit B hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee after such Guarantee is executed and executed by either manual or facsimile signature of an Officer officer of such Subsidiary each Guarantor. The validity and enforceability of any Guarantee shall not be affected by the fact that it is not affixed to any particular Security. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any Officer an officer of any Subsidiary a Guarantor whose signature signatures is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the such Guarantor's Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 2 contracts

Samples: Indenture (Schuler Homes Inc), Indenture (Pembroke Falls Realty Trust)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.012, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto as Annex A, of EXHIBIT 1 shall be endorsed by an officer of such Guarantor on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Supplemental Indenture shall be executed on behalf of such Guarantor, by either manual or facsimile signature signature, by its President or one of an Officer of such Subsidiary Guarantorits Vice Presidents. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 2 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Supplemental Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 2 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Execution and Delivery of Guarantee. To further evidence the a Guarantee set forth in Section 14.01this Article XVII, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such the Guarantee, substantially in the form attached hereto as Annex Aof Exhibit A hereto, shall be endorsed executed on behalf of such Guarantor by the manual or facsimile signature of its Chairman of the Board, its President or one of its Vice Presidents and delivered to the Trustee in respect of each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee that is guaranteed by such Guarantee, and that a supplemental indenture providing for such Guarantee shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by its Chairman of the Board, its President or one of its Vice Presidents. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse the Guarantee notation on each such Debt Security a notation relating to the GuaranteeSecurity. If any Officer of any Subsidiary Guarantor an officer whose signature is on this Indenture the supplemental indenture or a on the Debt Security Securities guaranteed hereby no longer holds that office at the time the Trustee authenticates such the Debt Security or at any time thereafter, on which a notation of the Guarantee of is endorsed, such Debt Security Guarantee shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the each Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forththereof.

Appears in 2 contracts

Samples: Senior Secured Indenture (Ralcorp Holdings Inc /Mo), Indenture (Energizer Holdings Inc)

Execution and Delivery of Guarantee. (a) To further evidence the each Guarantor's Guarantee set forth in Section 14.01this Article 12, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, substantially in Guarantee (the form of which is attached hereto as Annex A, Exhibit B) shall be endorsed on attached to each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee Trustee. (b) This Indenture shall be executed on behalf of each Guarantor, and executed an Officer of each Guarantor shall sign the notation of the Guarantee on the Security, by either manual or facsimile signature of signature. If an Officer whose signature is on this Indenture or the notation of such Subsidiary GuarantorGuarantee no longer holds that office at the time the Trustee authenticates the Security on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. Each of the Subsidiary Guarantors Guarantor hereby agrees that the Guarantee set forth in Section 14.01 12.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to of the Guarantee. If any Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. . (c) The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set fortheach Guarantor.

Appears in 2 contracts

Samples: Indenture (Price Communications Corp), Indenture (Montgomery Cellular Telephone Co Inc)

Execution and Delivery of Guarantee. To further evidence the a Guarantee set forth in Section 14.01this Article 13, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guaranteethe Guarantee Notation, substantially in the form attached hereto as Annex Aof Exhibit A hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee that is guaranteed by such Guarantee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by its Chairman of the Board, its President or one of its Vice Presidents under a facsimile of its seal reproduced thereon. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse the Guarantee Notation on each Debt Security a notation relating to the Guaranteesuch Security. If any Officer of any Subsidiary Guarantor an officer whose signature is on this Indenture or a Debt Security on the Securities guaranteed hereby no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafter, on which a notation of the Guarantee of is endorsed, such Debt Security Guarantee shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of each Guarantee thereof. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthsame instrument.

Appears in 2 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such the Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary the Guarantor. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary the Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary GuarantorsGuarantor. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 2 contracts

Samples: Indenture (MPLX Operations LLC), Subordinated Indenture (MPLX Operations LLC)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0113.1, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 13.1 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 2 contracts

Samples: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)

Execution and Delivery of Guarantee. To further evidence the a Guarantee set forth in Section 14.01this Article Fifteen, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guaranteethe Guarantee Notation, substantially in the form attached hereto as Annex Aof Exhibit B hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee that is guaranteed by such Guarantee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by its Chairman of the Board, its President or one of its Vice Presidents under a facsimile of its seal reproduced thereon. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse the Guarantee Notation on each Debt Security a notation relating to the Guaranteesuch Security. If any Officer of any Subsidiary Guarantor an officer whose signature is on this Indenture or a Debt Security on the Securities guaranteed hereby no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafter, on which a notation of the Guarantee of is endorsed, such Debt Security Guarantee shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the each Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forththereof.

Appears in 2 contracts

Samples: Subordinated Indenture (Cottonwood Land Co), Subordinated Indenture (Peabody Energy Corp)

Execution and Delivery of Guarantee. (a) To further evidence the its Guarantee set forth in Section 14.0111.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto as Annex A, included in Exhibit D shall be endorsed by an Officer of such Guarantor by manual or facsimile signature on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary Guarantor. Guarantor by one of its Officers. (b) Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. . (c) If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. . (d) The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts . (e) If required by Section 4.17, the trusts in Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture upon and Guarantees in accordance with Section 4.17 and this Article Eleven, to the terms and conditions herein set forthextent applicable.

Appears in 2 contracts

Samples: Indenture (Sensata Technologies Holland, B.V.), Indenture (Sensata Technologies B.V.)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0111.01, the Guarantor and each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each U.S. Propane, L.L.C. The Guarantor and each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor U.S. Propane, L.L.C., whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantor and the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Heritage Propane Partners L P)

Execution and Delivery of Guarantee. To further evidence the Subsidiary Guarantee set forth in Section 14.01this Article X, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Subsidiary Guarantee substantially in the form attached included in Exhibit G hereto as Annex A, shall be endorsed placed on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered made available for delivery by the Trustee and that this Subsidiary Guarantee shall be executed on behalf of the Guarantor by either the manual or facsimile signature of an Officer of such Subsidiary the Guarantor. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the Subsidiary Guarantee set forth in Section 14.01 10.1 shall remain in full force and effect notwithstanding any failure to endorse execute on each Debt Security Note a notation relating to the of such Subsidiary Guarantee. If any an Officer of any Subsidiary the Guarantor whose signature is on this Indenture or a Debt Security the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which the Subsidiary Guarantee is executed, the Subsidiary Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Renaissance Cosmetics Inc /De/)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, substantially in the form attached hereto as Annex Aincluded in EXHIBIT B hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee after such Guarantee is executed and executed by either manual or facsimile signature of an Officer officer of such Subsidiary each Guarantor. The validity and enforceability of any Guarantee shall not be affected by the fact that it is not affixed to any particular Security. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any Officer an officer of any Subsidiary a Guarantor whose signature signatures is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the such Guarantor's Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Schuler Homes Inc)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0111.1, each of the Subsidiary Guarantors hereby Guarantor agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached annexed hereto as Annex A, Exhibit B shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by either an Officer (or if an officer is not available, by a board member or director) by manual or facsimile signature of an Officer of such Subsidiary Guarantorsignature. Each of the Subsidiary Guarantors hereby Guarantor agrees that the its Guarantee set forth in Section 14.01 11.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set fortheach Guarantor.

Appears in 1 contract

Samples: Indenture (LSB Industries Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0112.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, substantially in the form attached hereto as Annex Aincluded in Exhibit B hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee after such Guarantee is executed and executed by either manual or facsimile signature of an Officer of such Subsidiary each Guarantor. The validity and enforceability of any Guarantee shall not be affected by the fact that it is not affixed to any particular Security. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary a Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the such Guarantor's Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Interface Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer officer of such Subsidiary the general partner of the Guarantor. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the Guarantee set forth in Section 14.01 14.01. shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer officer of any Subsidiary the general partner of the Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary GuarantorsGuarantor. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Enterprise Products Partners L P)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0112.1, each of the Subsidiary Guarantors hereby Guarantor agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached annexed hereto as Annex A, contained in Exhibit A shall be endorsed on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of each Subsidiary Guarantor by either two (2) Officers or an Officer and an Assistant Secretary by manual or facsimile signature of an Officer of such Subsidiary Guarantorsignature. Each of the Subsidiary Guarantors hereby Guarantor agrees that the its Guarantee set forth in Section 14.01 12.1 shall remain in full force and effect and shall apply to all the Notes notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security Note no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the each Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Horseshoe Gaming LLC)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0111.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any a Subsidiary Guarantor Guarantor, whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Westlake International CORP)

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Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0112.01 hereof, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached as Exhibit D hereto as Annex A, shall will be endorsed signed by an Officer of such Guarantor (by manual or facsimile signature) on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture will be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by one of its Officers. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall 12.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall will be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts If required by Section 4.17 hereof, the trusts in Company will certain such Material Domestic Subsidiaries to become Subsidiary Guarantors subject to this Indenture upon the terms and conditions herein set forthArticle 12.

Appears in 1 contract

Samples: Indenture (Energy XXI LTD)

Execution and Delivery of Guarantee. To further evidence the Guarantee Guarantees set forth in Section 14.0111.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guarantee, in substantially in the form attached hereto as Annex Aof Exhibit A-1, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer two Officers of such each Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the such Guarantee. If any an Officer of any Subsidiary a Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security security or at any time thereafter, the such Subsidiary Guarantor's Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Giant Industries Inc)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.011.01, each of the Subsidiary Guarantors hereby Additional Guarantor agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto as Annex A, established pursuant to Section 2.3 of the Indenture shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Supplemental Indenture shall be executed on behalf of such Additional Guarantor by either an Officer by manual or facsimile signature of an Officer of such Subsidiary Guarantorsignature. Each of the Subsidiary Guarantors hereby Additional Guarantor agrees that the its Guarantee set forth in Section 14.01 1.01 shall remain in full force and effect and apply to all the applicable Securities notwithstanding any failure to endorse on each Debt such Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set fortheach Additional Guarantor.

Appears in 1 contract

Samples: Second Supplemental Indenture (Sun International North America Inc)

Execution and Delivery of Guarantee. To further evidence the its Subsidiary Guarantee set forth in Section 14.0110.1, each of the Subsidiary Guarantors hereby Guarantor agrees that this Indenture or a notation relating to such Guarantee, supplemental indenture in substantially in the form attached hereto as Annex A, Exhibit B shall be endorsed executed on each Debt Security entitled to the benefits behalf of the Guarantee authenticated and delivered such Subsidiary Guarantor by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor (or, if an officer is not available, by a board member or director or other duly authorized signatory) on behalf of such Subsidiary Guarantor. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Subsidiary Guarantee set forth in Section 14.01 10.1 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer absence of the endorsement of any notation of such Subsidiary Guarantee on the Notes. In case the Officer, board member or director of such Subsidiary Guarantor whose signature is on this Indenture or a Debt Security supplemental indenture, as applicable, no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterNote, the Subsidiary Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof as provided for hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Playtika Holding Corp.)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.012, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto as Annex A, of Exhibit 1 shall be endorsed by an officer of such Guarantor on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Supplemental Indenture shall be executed on behalf of such Guarantor, by either manual or facsimile signature signature, by its President or one of an Officer of such Subsidiary Guarantorits Vice Presidents. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 2 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Supplemental Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Tenet Healthcare Corp)

Execution and Delivery of Guarantee. (a) To further evidence the Guarantee set forth in Section 14.01Guarantee, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guarantee, of the Guarantee substantially in the form attached hereto as Annex A, of Exhibit C shall be endorsed by manual or facsimile signature by an Officer of the Guarantor on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of the Guarantor, by either manual or facsimile signature of signature, by an Officer of such Subsidiary Guarantor. Each (in each case, whom shall have been duly authorized by all requisite corporate or other actions) of the Subsidiary Guarantors Guarantor. (b) The Guarantor hereby agrees that the Guarantee set forth in Section 14.01 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to of the Guarantee. . (c) If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which the Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. . (d) The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Best Buy Co Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.01this Article 13, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guaranteethe Guarantee Notation, substantially in the form attached hereto as Annex Aof Exhibit A hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture shall be executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each on behalf of the Subsidiary Guarantors Guarantor by the Chairman of the Board, its President or one of its Vice Presidents under a facsimile of its seal reproduced thereon. The Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse the Guarantee Notation on each Debt Security a notation relating to the GuaranteeSecurity. If any Officer of any Subsidiary Guarantor an officer whose signature is on this Indenture or a Debt Security on the Securities no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a notation of the Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Senior Indenture (Hovnanian Enterprises Inc)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.011.01(a), each of the Subsidiary Guarantors hereby Additional Guarantor agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto annexed to the Indenture as Annex A, Exhibit B shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Supplemental Indenture shall be executed on behalf of such Additional Guarantor by either one Officer by manual or facsimile signature of an Officer of such Subsidiary Guarantorsignature. Each of the Subsidiary Guarantors hereby Additional Guarantor agrees that the its Guarantee set forth in Section 14.01 1.01 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this the Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set fortheach Additional Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Sun International North America Inc)

Execution and Delivery of Guarantee. To further evidence its Guarantee of the Guarantee Notes set forth in Section 14.0110.01, Holdings and each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto as Annex A, included in Exhibit E shall be endorsed by an Officer of Holdings or such Guarantor, as applicable, on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of Holdings and such Guarantor by either manual its respective President or facsimile signature one of an Officer of such Subsidiary Guarantorits respective Vice Presidents. Each of the Subsidiary Guarantors Holdings and each Guarantor hereby agrees that its guarantee of the Guarantee Notes set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of Holdings and the Subsidiary Guarantors. The Trustee hereby accepts In the trusts in event that the Company creates or acquires any new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.19 hereof, the Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture upon and Guarantees of the terms Notes in accordance with Section 4.19 hereof and conditions herein set forththis Article Ten, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Appalachian Realty Co)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0111.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, substantially in the form attached hereto as Annex Aincluded in EXHIBIT B hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee after such Guarantee is executed and executed by either manual or facsimile signature of an Officer officer of such Subsidiary each Guarantor. The validity and enforceability of any Guarantee shall not be affected by the fact that it is not affixed to any particular Security. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any Officer an officer of any Subsidiary a Guarantor whose signature signatures is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the such Guarantor's Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Schuler Homes Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0111.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such the Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security of the series entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and Trustee, which notation of Guarantee shall be executed by either manual or facsimile signature of an Officer of such the Subsidiary Guarantor. Each of the The Subsidiary Guarantors Guarantor hereby agrees that the Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any the Subsidiary Guarantor whose signature is on this Indenture or a Debt Security notation of Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security of a series entitled to the benefits of the Guarantee under this Article XI by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Subordinated Indenture (Carrizo Oil & Gas Inc)

Execution and Delivery of Guarantee. To further evidence the a Guarantee set forth in Section 14.01this Article Fifteen, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guaranteethe Guarantee Notation, substantially in the form attached hereto as Annex Aof Exhibit A hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee that is guaranteed by such Guarantee and that this Indenture shall be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by its Chairman of the Board, its President or one of its Vice Presidents under a facsimile of its seal reproduced thereon. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall remain in full force and effect notwithstanding any failure to endorse the Guarantee Notation on each Debt Security a notation relating to the Guaranteesuch Security. If any Officer of any Subsidiary Guarantor an officer whose signature is on this Indenture or a Debt Security on the Securities guaranteed hereby no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafter, on which a notation of the Guarantee of is endorsed, such Debt Security Guarantee shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the each Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forththereof.

Appears in 1 contract

Samples: Subordinated Indenture (Black Beauty Coal Co)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0112.01 hereof, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached as Exhibit F hereto as Annex A, shall will be endorsed by an Officer of such Guarantor on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture will be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by one of its Officers. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall 12.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall will be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantor. In the event that the Company or any of its Subsidiaries creates or acquires any Domestic Subsidiary Guarantors. The Trustee hereby accepts after the trusts in date of this Indenture upon Indenture, if required by Section 4.09 hereof, the terms Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.09 hereof and conditions herein set forththis Article 12, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Invacare Corp)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any a Subsidiary Guarantor Guarantor, whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Westlake International CORP)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. U.S. Propane, L.L.C. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor U.S. Propane, L.L.C., whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Heritage Propane Partners L P)

Execution and Delivery of Guarantee. To further evidence the its Subsidiary Guarantee set forth in Section 14.0110.1, each of the Subsidiary Guarantors hereby Guarantor agrees that this Indenture or a notation relating to such Guarantee, supplemental indenture in substantially in the form attached hereto as Annex A, Exhibit B shall be endorsed executed on each Debt Security entitled to the benefits behalf of the Guarantee authenticated and delivered such Subsidiary Guarantor by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor (or, if an Officer is not available, by a board member or director or other duly authorized signatory) on behalf of such Subsidiary Guarantor. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Subsidiary Guarantee set forth in Section 14.01 10.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer absence of the endorsement of any notation of such Subsidiary Guarantee on the Notes. In case the Officer, board member or director of such Subsidiary Guarantor whose signature is on this Indenture or a Debt Security supplemental indenture, as applicable, no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterNote, the Subsidiary Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Brinker International, Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall may be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such the General Partner or the Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any the General Partner or the Subsidiary Guarantor Guarantor, whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Energy Transfer Equity, L.P.)

Execution and Delivery of Guarantee. To evidence further evidence the Guarantee set forth in Section 14.0114.1, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, substantially in the form attached hereto as Annex Aincluded in Exhibit A hereto, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee after such Guarantee is executed and executed by either manual or facsimile signature of an Officer of such Subsidiary each Guarantor. The validity and enforceability of any Guarantee shall not be affected by the fact that it is not affixed to any particular Security. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 14.1 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary a Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the such Guarantor's Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Exhibit (Interface Inc)

Execution and Delivery of Guarantee. To further Except as provided pursuant to Section 2.01 pursuant to a Board Resolution, and set forth in an Officers’ Certificate, or established in one or more indentures supplemental to this Indenture, to evidence the its Guarantee set forth in Section 14.0115.01 hereof, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, of the Guarantee substantially in the form attached included in an exhibit to an indenture supplemental hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 this Article XV shall remain in full force and effect and apply to all the applicable series of Securities notwithstanding any failure to endorse on each Debt such Security a notation relating to the of such Guarantee. If any Officer of any Subsidiary Guarantor an officer whose signature is on this Indenture such Security or a Debt Security notation of Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafteron which the Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Lepercq Corporate Income Fund L P)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0113.01 hereof, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached as Exhibit B hereto as Annex A, shall will be endorsed by an Officer of such Guarantor on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that either this Indenture or a supplemental indenture substantially in the form attached as Exhibit C will be executed by either manual or facsimile signature of an Officer on behalf of such Subsidiary GuarantorGuarantor by one of its Officers. Each of the Subsidiary Guarantors Guarantor hereby agrees that the its Guarantee set forth in Section 14.01 shall 13.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security on the Guarantee no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a notation of Guarantee is endorsed, the Guarantee of such Debt Security shall will be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts In the trusts in event that any of the Company’s Subsidiaries (including a Foreign Subsidiary) that is not already a Guarantor guarantees any indebtedness of the Parent, the Company or a Domestic Subsidiary after the date of this Indenture upon Indenture, the terms Company will cause such Subsidiary to comply with the provisions of Section 3.09 hereof and conditions herein set forththis Article 13, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Superior Energy Services Inc)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0111.1, each of the Subsidiary Guarantors hereby Guarantor agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached annexed hereto as Annex A, Exhibit B shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by either two Officers or an Officer and an Assistant Secretary by manual or facsimile signature of an Officer of such Subsidiary Guarantorsignature. Each of the Subsidiary Guarantors hereby Guarantor agrees that the its Guarantee set forth in Section 14.01 11.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set fortheach Guarantor.

Appears in 1 contract

Samples: Indenture (Sun International North America Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0111.01, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. U.S. Propane, L.L.C. Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor U.S. Propane, L.L.C., whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Heritage Propane Partners L P)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.0110.01, the Guarantor and each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each U.S. Propane, L.L.C. The Guarantor and each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any Officer of any Subsidiary Guarantor U.S. Propane, L.L.C., whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantor and the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (Heritage Propane Partners L P)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.0111.01, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, substantially in the form attached hereto as Annex Aof Exhibit C herein, shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and Trustee. Such Guarantee shall be executed on behalf of each Subsidiary Guarantor by either manual or facsimile signature of an one Officer of such Subsidiary Guarantor, who, in each case, shall have been duly authorized to so execute by all requisite corporate action. The validity and enforceability of any Guarantee shall not be affected by the fact that it is not affixed to any particular Security. Each of the Subsidiary Guarantors hereby agrees that the its Guarantee set forth in Section 14.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any a Subsidiary Guarantor whose signature is on this Indenture or a Debt Security Guarantee no longer holds that office at the time the Trustee authenticates the Security on which such Debt Security Guarantee is endorsed or at any time thereafter, the such Subsidiary Guarantor’s Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of the each Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forthGuarantor.

Appears in 1 contract

Samples: Indenture (Magnum Hunter Resources Inc)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.011.01, each of the Subsidiary Guarantors hereby Additional Guarantor agrees that a notation relating to of such Guarantee, Guarantee substantially in the form attached hereto annexed to the Indenture as Annex A, Exhibit B shall be endorsed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and that this Supplemental Indenture shall be executed on behalf of such Additional Guarantor by either two Officers or an Officer and an Assistant Secretary by manual or facsimile signature of an Officer of such Subsidiary Guarantorsignature. Each of the Subsidiary Guarantors hereby Additional Guarantor agrees that the its Guarantee set forth in Section 14.01 1.01 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Debt Security a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt the Security or at any time thereafteron which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set fortheach Additional Guarantor.

Appears in 1 contract

Samples: Second Supplemental Indenture (Sun International Hotels LTD)

Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 14.011101 or by means of a supplemental indenture, each of the Subsidiary Guarantors hereby agrees that this Indenture or applicable supplemental indenture is executed on behalf of such Subsidiary Guarantor by a notation relating duly authorized officer. Each of the Subsidiary Guarantors agrees that its Guarantee set forth in Section 1101 shall remain in full force and effect and apply to all the Securities of any series guaranteed by such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security entitled Subsidiary Guarantor pursuant to the benefits of the Guarantee terms thereof and authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of such Subsidiary Guarantor. Each of to the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 14.01 shall remain in full force and effect Trustee notwithstanding any failure to endorse on each Debt Security Note a notation relating to the of such Guarantee. If any an Officer of any Subsidiary Guarantor whose facsimile signature is on this Indenture or a Debt Security Note no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Guarantee is endorsed, the Guarantee of such Debt Security shall be valid nevertheless. The delivery of any Debt Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Indenture (MGM Resorts International)

Execution and Delivery of Guarantee. (a) To further evidence the each Guarantor's Guarantee set forth in Section 14.01this Article 10, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to of such Guarantee, substantially in the form attached hereto as Annex A, Guarantee shall be endorsed placed on each Debt Security entitled to the benefits of the Guarantee authenticated and delivered by the Trustee Trustee. (b) This Indenture shall be executed on behalf of each Guarantor, and executed an Officer of each Guarantor shall sign the notation of the Guarantee on the Securities by either manual or facsimile signature of signature. If an Officer whose signature is on this Indenture or the notation of such Subsidiary GuarantorGuarantee no longer holds that office at the time the Trustee authenticates the Security on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. Each of the Subsidiary Guarantors Guarantor hereby agrees that the Guarantee set forth in Section 14.01 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security a notation relating to of the Guarantee. If any Officer of any Subsidiary Guarantor whose signature is on this Indenture or a Debt Security no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafter, the Guarantee of such Debt Security shall be valid nevertheless. . (c) The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set fortheach Guarantor.

Appears in 1 contract

Samples: Indenture (Spinnaker Industries Inc)

Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 14.011501, each of the Subsidiary Guarantors Guarantor hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall be endorsed on each Debt Security Initial Note entitled to the benefits of the Guarantee authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer officer of such Subsidiary the general partner of the Guarantor, or an officer of the general partner of the general partner of the Guarantor. Each of the Subsidiary Guarantors The Guarantor hereby agrees that the Guarantee set forth in Section 14.01 1501 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security Initial Note a notation relating to the Guarantee. If any Officer officer of any Subsidiary the general partner of the Guarantor (or an officer of the general partner of the general partner), whose signature is on this Indenture or a Debt Security an Initial Note no longer holds that office at the time the Trustee authenticates such Debt Security Initial Note or at any time thereafter, the Guarantee of such Debt Security Initial Note shall be valid nevertheless. The delivery of any Debt Security Initial Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary GuarantorsGuarantor. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 1 contract

Samples: Twelfth Supplemental Indenture (DCP Midstream Partners, LP)

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