Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 1201, each Guarantor hereby agrees that notation of such Guarantee shall be endorsed on each security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the Guarantor.
Appears in 4 contracts
Samples: Lease Agreement (Gb Property Funding Corp), Gb Holdings Inc, Gb Property Funding Corp
Execution and Delivery of Guarantee. To further evidence the Guarantee Guarantees set forth in Section 120110.01, each Guarantor hereby agrees that a notation relating to such Guarantee, in substantially the form of such Guarantee Exhibit A-1, shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized one Officer of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of relating to such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the Guarantor.
Appears in 3 contracts
Samples: National Energy Group Inc, National Energy Group Inc, Gothic Energy Corp
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 12011401, each Guarantor hereby agrees that it shall execute a Guarantee substantially in the form attached hereto as Exhibit A and that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer officer of such Guarantor. Each of the Guarantors Guarantor hereby agrees that its Guarantee set forth in Section 1201 1401 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's ’s Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the GuarantorGuarantors.
Appears in 3 contracts
Samples: Indenture (Blue Ridge Paper Products LLC), Indenture (Reynolds Presto Products Inc.), Reynolds Presto Products Inc.
Execution and Delivery of Guarantee. To further evidence Guarantees, substantially in the Guarantee set forth form included in Section 1201Exhibit B of this Supplemental Indenture, each Guarantor hereby agrees that notation of such Guarantee shall be endorsed on each security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each The validity and enforceability of each Guarantee shall not be affected by the Guarantors hereby agrees fact that its Guarantee it is not affixed to any particular Note. Guarantees set forth in Section 1201 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Supplemental Indenture or a Security Guarantee no longer holds that office at the time the a Trustee authenticates the Note on which such Security Guarantee is endorsed or at any time thereafter, such Guarantor's ’s Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the a Trustee, after the authentication thereof hereunder, shall constitute due delivery of any each Guarantee set forth in this Supplemental Indenture on behalf of the its respective Guarantor.
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (Manitowoc Co Inc), Supplemental Indenture (Manitowoc Co Inc), First Supplemental Indenture (Manitowoc Co Inc)
Execution and Delivery of Guarantee. To further evidence Guarantees, substantially in the form included in Exhibit D of this Indenture, shall be executed by either manual, facsimile or other electronic signature of an Officer of each Guarantor. The validity and enforceability of each Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Guarantees set forth in Section 1201, each Guarantor hereby agrees that notation of such Guarantee shall be endorsed on each security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Security Guarantee is endorsed or at any time thereafter, such Guarantor's ’s Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any each Guarantee set forth in this Indenture on behalf of the its respective Guarantor.
Appears in 3 contracts
Samples: Intercreditor Agreement (Manitowoc Co Inc), Indenture (Manitowoc Co Inc), Indenture (Manitowoc Foodservice, Inc.)
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 1201, each to the extent provided pursuant to Section 301 hereof, the Guarantor hereby agrees that notation of the Guarantee substantially in the form included in Section 206 (or as provided by a Board Resolution or indenture supplemented hereto pursuant to Section 201), unless such Guarantee language is superseded by a supplemental applicable indenture, shall be endorsed on executed by an Officer of the Guarantor by manual or facsimile signature with respect to each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such Guarantordelivered to the Trustee. Each of the Guarantors The Guarantor hereby agrees that its this Guarantee set forth in Section 1201 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such execute and deliver the Guarantee. If an Officer or member of a the Guarantor whose signature is on this Indenture or a Security the Guarantee no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafterentitled to the benefit of the Guarantee, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the Guarantor.
Appears in 3 contracts
Samples: Indenture (Intercontinental Exchange, Inc.), NYSE Holdings LLC, NYSE Holdings LLC
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 1201, to the extent provided pursuant to Section 301 hereof, each Guarantor hereby agrees that notation a Guarantee substantially in the form included in Section 206 (or as provided by a Board Resolution or indenture supplemented hereto pursuant to Section 201), unless such language is superseded by a supplemental applicable indenture, shall be executed by an Officer of such Guarantee shall be endorsed on Guarantor by manual or facsimile signature with respect to each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such Guarantordelivered to the Trustee. Each of the Guarantors Guarantor hereby agrees that its this Guarantee set forth in Section 1201 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such execute and deliver the Guarantee. If an Officer or member of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafterentitled to the benefit of a Guarantee, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the such Guarantor.. ARTICLE THIRTEEN
Appears in 2 contracts
Samples: Indenture (Intercontinentalexchange Inc), Indenture (Intercontinentalexchange Inc)
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 120111.1, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form annexed hereto as Exhibit B shall be endorsed on each security Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by either one Officer by manual or facsimile signature signature. Two Officers shall sign, or one Officer shall sign and one Officer shall attest to, the Securities for each of an authorized Officer of such Guarantorthe Issuers by manual or facsimile signature. Each of the Guarantors hereby Guarantor agrees that its Guarantee set forth in Section 1201 11.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which a Guarantee is endorsed, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 2 contracts
Samples: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc)
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120112.01, each the Guarantor hereby agrees that a notation of such relating to the Guarantee shall be endorsed on each security Note authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer two officers of such the Guarantor. Each of the Guarantors The Guarantor hereby agrees that its Guarantee set forth in Section 1201 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such relating to the Guarantee. If an Officer officer of a the Guarantor whose signature is on this Indenture or a Security Note no longer holds that office at the time the Trustee authenticates such Security Note or at any time thereafter, such the Guarantor's Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the Guarantor.
Appears in 2 contracts
Samples: Northern Border Partners Lp, Northern Border Partners Lp
Execution and Delivery of Guarantee. To further evidence Each of the Subsidiary Guarantors hereby agrees that the Guarantee set forth in Section 1201, each Guarantor hereby agrees that notation of such Guarantee shall be endorsed on each security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guaranteeeffect. If an Officer any officer of any 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, such Guarantor's 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 any the Guarantee set forth in this Indenture on behalf of the GuarantorSubsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.
Appears in 2 contracts
Samples: Indenture (Magellan Midstream Partners Lp), Indenture (Magellan Midstream Partners Lp)
Execution and Delivery of Guarantee. To further evidence Guarantees, ----------------------------------- substantially in the Guarantee set forth form included in Section 1201Exhibit E of this Indenture, each Guarantor hereby agrees that notation of such Guarantee shall be endorsed on each security authenticated and delivered by the Trustee and --------- executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each The validity and enforceability of each Guarantee shall not be affected by the Guarantors hereby agrees fact that its Guarantee it is not affixed to any particular Note. Guarantees set forth in Section 1201 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the a Trustee authenticates the Note on which such Security Guarantee is endorsed or at any time thereafter, such Guarantor's Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the a Trustee, after the authentication thereof hereunder, shall constitute due delivery of any each Guarantee set forth in this Indenture on behalf of the its respective Guarantor.
Appears in 2 contracts
Samples: Manitowoc Co Inc, Sola International Inc
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 1201this Article 16, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed placed on each security Security authenticated and delivered made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by either the manual or facsimile signature of an authorized Officer of such each Guarantor. Each of the Guarantors Guarantor hereby agrees that its the Guarantee set forth in Section 1201 16.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security the Guarantee no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which the Guarantee is endorsed, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 2 contracts
Samples: Indenture (FCC Acquisitions Corp), Performance Materials I Inc
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120112.01, each Guarantor hereby agrees that a notation of such Guarantee in the form annexed hereto as Exhibit D shall be endorsed on each security Note authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security Note or at any time thereafter, such Guarantor's Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 2 contracts
Samples: Pentacon Industrial Group Inc, Gillette Dairy of the Black Hills Inc
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 120111.1, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form established pursuant to Section 2.3 shall be endorsed on each security Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by either an Officer by manual or facsimile signature of an authorized Officer of such Guarantorsignature. Each of the Guarantors hereby Guarantor agrees that its Guarantee set forth in Section 1201 11.1 shall remain in full force and effect and apply to all the applicable Securities notwithstanding any failure to endorse on each such Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which a Guarantee is endorsed, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 2 contracts
Samples: Indenture (Sun International Hotels LTD), Indenture (Ggri Inc)
Execution and Delivery of Guarantee. To further evidence the Guarantee Guarantees set forth in Section 120112.01, each Subsidiary Guarantor hereby agrees that a notation of relating to such Guarantee shall be endorsed on each security Note authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer two Officers of such each Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that its Guarantee set forth in Section 1201 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of relating to such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Note no longer holds that office at the time the Trustee authenticates such Security security or at any time thereafter, such Subsidiary Guarantor's Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 2 contracts
Samples: Indenture (Giant Industries Inc), Giant Industries Inc
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 1201, each the Guarantor hereby agrees that notation of such Guarantee shall be endorsed on each security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such the Guarantor. Each of the Guarantors The Guarantor hereby agrees that its Guarantee set forth in Section 1201 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the Guarantor.
Appears in 1 contract
Execution and Delivery of Guarantee. To further evidence the Guarantee Guarantee, if any, set forth in Section 120112.01, each the Guarantor hereby agrees that a notation of such Guarantee Guarantee, if any, shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such the Guarantor. Each of the Guarantors The Guarantor hereby agrees that its Guarantee Guarantee, if any, set forth in Section 1201 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee, if any. If an Officer of a the Guarantor whose signature is on this Indenture or a Security Guarantee, if any, no longer holds that office at the time the Trustee authenticates such Security Note or at any time thereafter, such Guarantor's Guarantee Guarantee, if any, of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee the Guarantee, if any, set forth in this Indenture on behalf of the Guarantor.
Appears in 1 contract
Execution and Delivery of Guarantee. To further evidence Guarantees, substantially in the Guarantee set forth form included in Section 1201Exhibit E of this Indenture, each Guarantor hereby agrees that notation of such Guarantee shall be endorsed on each security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each The validity and enforceability of each Guarantee shall not be affected by the Guarantors hereby agrees fact that its Guarantee it is not affixed to any particular Note. Guarantees set forth in Section 1201 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the a Trustee authenticates the Note on which such Security Guarantee is endorsed or at any time thereafter, such Guarantor's ’s Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the a Trustee, after the authentication thereof hereunder, shall constitute due delivery of any each Guarantee set forth in this Indenture on behalf of the its respective Guarantor.
Appears in 1 contract
Samples: Manitowoc Co Inc
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120113.1, each Guarantor hereby agrees that it shall execute a Guarantee substantially in the form attached hereto as Exhibit A and that a notation of such the Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual manual, electronic or facsimile signature of an authorized Officer officer of such Guarantor. Each of the Guarantors Guarantor hereby agrees that its Guarantee set forth in Section 1201 13.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's ’s Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the Guarantor.
Appears in 1 contract
Samples: Indenture (Amerant Bancorp Inc.)
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120114.01, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 14.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Blue Bird Corp
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 12011401, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 1401 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security Securities or at any time thereafter, such Guarantor's ’s Guarantee of such Security Securities shall be valid nevertheless. The delivery of any Security Securities by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Yellow Roadway Technologies Inc
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 120111.1, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form established pursuant to Section 2.3 shall be endorsed on each security Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by either one Officer by manual or facsimile signature of an authorized Officer of such Guarantorsignature. Each of the Guarantors hereby Guarantor agrees that its Guarantee set forth in Section 1201 11.1 shall remain in full force and effect and apply to all the applicable Securities notwithstanding any failure to endorse on each such Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which a Guarantee is endorsed, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Sun International Hotels LTD
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120110.1, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer two Officers of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 10.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the Guarantor.
Appears in 1 contract
Samples: Pledge and Security Agreement (Continental Caribbean Containers Inc)
Execution and Delivery of Guarantee. To further evidence the Guarantee Guarantee, set forth in Section 120112.01, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed on each security Note authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such Guarantor. Each of the The Guarantors hereby agrees agree that its Guarantee set forth in Section 1201 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. If an Officer of a the Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security Note or at any time thereafter, such Guarantor's Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the GuarantorGuarantors.
Appears in 1 contract
Samples: Indenture (American Freightways Inc)
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120113.1, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer officer of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 13.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Indenture (Cbocs Sierra Inc)
Execution and Delivery of Guarantee. To further evidence Guarantees, substantially in the Guarantee set forth form included in Section 1201Exhibit E of this Indenture, each Guarantor hereby agrees that notation of such Guarantee shall be endorsed on each security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each The validity and enforceability of each Guarantee shall not be affected by the Guarantors hereby agrees fact that its Guarantee it is not affixed to any particular Note. Guarantees set forth in Section 1201 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the a Trustee authenticates the Note on which such Security Guarantee is endorsed or at any time thereafter, such Guarantor's Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the a Trustee, after the authentication thereof hereunder, shall constitute due delivery of any each Guarantee set forth in this Indenture on behalf of the its respective Guarantor.
Appears in 1 contract
Samples: Manitowoc Co Inc
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 120111.1, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form established pursuant to Section 2.3 shall be endorsed on each security Security 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 authorized Officer of such Guarantorsignature. Each of the Guarantors hereby Guarantor agrees that its Guarantee set forth in Section 1201 11.1 shall remain in full force and effect and apply to all the applicable Securities notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which a Guarantee is endorsed, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Ggri Inc
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 12011401, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 1401 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security Securities or at any time thereafter, such Guarantor's Guarantee of such Security Securities shall be valid nevertheless. The delivery of any Security Securities by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Usfreightways Corp
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120112.01, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer officer of such Guarantor. Each of the Guarantors Guarantor hereby agrees that its Guarantee set forth in Section 1201 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the GuarantorGuarantors.
Appears in 1 contract
Samples: Fedex Corp
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 120114.1, each the Guarantor hereby agrees that a notation of such Guarantee substantially in the form set forth in Section 2.5 hereof, shall be endorsed on each security Security authenticated and delivered by the Trustee and that such endorsement shall be executed on behalf of the Guarantor by either an Officer or a holder of a power of attorney authorized to execute the Guarantee by manual or facsimile signature of an authorized Officer of such Guarantorsignature. Each of the Guarantors hereby The Guarantor agrees that its Guarantee set forth in Section 1201 14.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which a Guarantee is endorsed, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture indenture on behalf of the Guarantor.
Appears in 1 contract
Samples: PSF Holdings LLC
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120115.01, each Guarantor hereby agrees that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 15.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security or at any time thereafter, such Guarantor's Guarantee of such Security shall be valid nevertheless. 138 The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Indenture (Golden Sky Systems Inc)
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 120113.01, each Guarantor hereby agrees that notation this Indenture or a supplemental indenture shall be executed on behalf of such Guarantee shall be endorsed on each security authenticated and delivered Guarantor by the Trustee and executed by either manual Chief Executive Officer, the President, the Chief Operating Officer, the Chief Financial Officer, the Treasurer, any Assistant Treasurer, the Controller, the Secretary or facsimile signature of an authorized Officer any Vice President of such Guarantor, as the case may be. Each of the Guarantors Guarantor hereby agrees that its Guarantee set forth in Section 1201 13.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or on a Security supplemental indenture no longer holds that office at the time the Trustee authenticates such Security or at any time thereafterthe Security, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the GuarantorGuarantors.
Appears in 1 contract
Samples: Power Solutions International, Inc.
Execution and Delivery of Guarantee. To further evidence the Guarantee its guarantee set forth in Section 1201this Article 10, each the Guarantor hereby agrees that a notation of such Guarantee guarantee substantially in the form annexed hereto as contained in Exhibit A shall be endorsed on each security Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of the Guarantor by either an Officer by manual or facsimile signature of an authorized Officer of such Guarantorsignature. Each of the Guarantors hereby The Guarantor agrees that its Guarantee guarantee set forth in Section 1201 this Article 10 shall remain in full force and effect and shall apply to all the Securities notwithstanding any failure to endorse on each Security a notation of such Guaranteeguarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security was an Officer at the time of such execution but no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which a guarantee is endorsed, such Guarantor's Guarantee of such Security the guarantee shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee the guarantee set forth in this Indenture on behalf of the Guarantor.
Appears in 1 contract
Samples: SFW Holding Corp
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120112.01, each Guarantor hereby agrees that a notation of such Guarantee in the form annexed hereto as EXHIBIT D shall be endorsed on each security Note authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such each Guarantor. Each of the Guarantors hereby agrees that its Guarantee set forth in Section 1201 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such Security Note or at any time thereafter, such Guarantor's Guarantee of such Security Note shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Indenture (Best Built Inc)
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 1201, to the extent provided pursuant to Section 301 hereof, each Guarantor hereby agrees that notation a Guarantee substantially in the form included in Section 206 (or as provided by a Board Resolution or indenture supplemented hereto pursuant to Section 201), unless such language is superseded by a supplemental applicable indenture, shall be executed by an Officer of such Guarantee shall be endorsed on Guarantor by manual or facsimile signature with respect to each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer of such Guarantordelivered to the Trustee. Each of the Guarantors Guarantor hereby agrees that its this Guarantee set forth in Section 1201 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such execute and deliver the Guarantee. If an Officer or member of a Guarantor whose signature is on this Indenture or a Security Guarantee no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafterentitled to the benefit of a Guarantee, such Guarantor's Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the such Guarantor.
Appears in 1 contract
Execution and Delivery of Guarantee. To further evidence the Guarantee set forth in Section 120112.01, each Guarantor the Company and the Parent hereby agrees agree that a notation of such Guarantee shall be endorsed on each security Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an authorized Officer Trustee, that such notation of such Guarantor. Each Guarantee shall be in the form attached hereto as Exhibit C, and shall be executed on behalf of the Guarantors Parent by an Officer thereof. The Parent hereby agrees that its the Guarantee set forth in Section 1201 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such the Guarantee. If an Officer of a Guarantor officer whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which the Guarantee is endorsed, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the GuarantorParent.
Appears in 1 contract
Execution and Delivery of Guarantee. To further evidence the its Guarantee set forth in Section 120111.1, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form annexed hereto as Exhibit B shall be endorsed on each security Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by either one Officer by manual or facsimile signature signature. Two Officers shall sign, or one Officer shall sign and one Officer shall attest to, the Securities for each of an authorized Officer of such Guarantorthe Issuer by manual or facsimile signature. Each of the Guarantors hereby Guarantor agrees that its Guarantee set forth in Section 1201 11.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office at the time the Trustee authenticates such the Security or at any time thereafteron which a Guarantee is endorsed, such Guarantor's the Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Guarantee set forth in this Indenture on behalf of the each Guarantor.
Appears in 1 contract
Samples: Indenture (Kerzner International Employment Services LTD)