Execution and Delivery of Guarantees. To further evidence the Guarantee set forth in this Article 11, each Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee shall be placed on each Senior Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 4 contracts
Samples: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
Execution and Delivery of Guarantees. To further evidence the Guarantee set forth in this Article 11, each Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee shall be placed on each Senior Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each GuarantorGuarantor or its duly appointed agent. Each Guarantor hereby agrees that the Guarantee set forth in Section 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 4 contracts
Samples: Indenture (Mariner Health Care Inc), Indenture (Mariner Post Acute Network Inc), Indenture (Mariner Post Acute Network Inc)
Execution and Delivery of Guarantees. To further evidence the Guarantee Note Guarantees set forth in this Article 11Section 11.1, each Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Note Guarantee substantially in the form included in Exhibit E shall be placed endorsed by an Officer of such Guarantor by manual or facsimile signature on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Guarantor by the manual its President or facsimile signature one of an Officer of each Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in Section 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Senior 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 each Guarantorthe Guarantors. If required by Section 11.1 hereof, the Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture and Note Guarantees in accordance with Section 11.1 hereof and this Article XI, to the extent applicable.
Appears in 3 contracts
Samples: Indenture (Petro Financial Corp), Indenture (Petro Stopping Centers L P), Indenture (Petro Stopping Centers Holdings Lp)
Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 11Section 11.1 hereof, each Guarantor shall execute of the Guarantors agrees that (a) a Guarantee notation of the Guarantees substantially in the form included as part of in Exhibit A hereto and hereby agrees that a notation of such Guarantee shall be placed endorsed on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee (b) a supplemental indenture substantially in the form of Exhibit E hereto shall be executed on behalf of each Guarantor of the Guarantors by the manual or facsimile signature of an Officer of each Guarantorthereof in accordance with Section 11.4 hereof. Each Guarantor hereby of the Guarantors agrees that the Guarantee Guarantees set forth in Section 11.1 this Article XI shall remain in full force and effect and shall apply to all of the Notes notwithstanding any failure to endorse on each Senior Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor whose signature is on the a Note or a notation of Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunderthereof, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Oasis Interval Ownership, LLC), Indenture (Oasis Interval Ownership, LLC)
Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 11Section 10.1 hereof, each Guarantor shall execute a Guarantee in of the form included as part of Exhibit A hereto and hereby Guarantors agrees that a notation of such Guarantee substantially in the form included in Exhibit A hereto shall be placed endorsed on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee a supplemental indenture substantially in the form of Exhibit F hereto shall be executed on behalf of each Guarantor of the Guarantors by the manual or facsimile signature of an Officer of each Guarantorthereof in accordance with Section 4.16 hereof. Each Guarantor hereby agrees of the Guarantors agree that the Guarantee Guarantees set forth in Section 11.1 this Article Ten shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Senior Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor whose signature is on the a Note or a notation of Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Edgen Murray PLC), Indenture (Edgen Louisiana CORP)
Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 11Section 11.01 hereof, each Subsidiary Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee the Guarantees substantially in the form of Exhibit D shall be placed endorsed by an Officer of such Subsidiary Guarantor on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Subsidiary Guarantor by the manual its President or facsimile signature one of an Officer of each Guarantorits Vice Presidents. Each Subsidiary Guarantor hereby agrees that the Guarantee Guarantees set forth in Section 11.1 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor or Officer whose signature is on this Indenture or on the Guarantee Guarantees no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is notation of the Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantor.the Subsidiary Guarantors. 102
Appears in 2 contracts
Samples: Indenture (El Paso Energy Partners Lp), Indenture (First Reserve Gas LLC)
Execution and Delivery of Guarantees. To further evidence the its Guarantee set forth in this Article 11Section 10.01, each Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee substantially in the form of Exhibit B shall be placed endorsed by an officer of such Guarantor on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Guarantor by the manual its President or facsimile signature one of its Vice Presidents and attested to by an Officer of each GuarantorOfficer. Each Guarantor of the Guarantors, jointly and severally, hereby agrees that the its Guarantee set forth in Section 11.1 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guarantee. If an officer or Officer of a Guarantor whose signature is on this Indenture or on the Guarantee of a Guarantor no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee of such Guarantor is endorsed, the Guarantee of such Guarantor shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Echostar DBS Corp), Indenture (Echostar DBS Corp)
Execution and Delivery of Guarantees. To further evidence the Guarantee set forth in this Article 1110, each Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee shall be placed on each Senior Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 11.1 10.1 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 1 contract
Samples: Indenture (Unison Healthcare Corp)
Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 11Section 11.01 hereof, each Subsidiary Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee the Guarantees substantially in the form of Exhibit D shall be placed endorsed by an Officer of such Subsidiary Guarantor on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Subsidiary Guarantor by the manual its President or facsimile signature one of an Officer of each Guarantorits Vice Presidents. Each Subsidiary Guarantor hereby agrees that the Guarantee Guarantees set forth in Section 11.1 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor or Officer whose signature is on this Indenture or on the Guarantee Guarantees no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is notation of the Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 1 contract
Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 11Section 11.01 hereof, each Guarantor shall execute a Guarantee in of the form included as part of Exhibit A hereto and hereby Guarantors agrees that a notation of such Guarantee the Guarantees substantially in the form included in Exhibit B shall be placed endorsed on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each Guarantor the Guarantors by the manual Chairman of the Board, any Vice Chairman, the President or facsimile signature one of an Officer the Vice Presidents of each Guarantorthe Guarantors. Each Guarantor hereby agrees of the Guarantors agree that the Guarantee Guarantees set forth in Section 11.1 shall this Article 11 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Senior Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor whose facsimile signature is on the Guarantee a Note no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Corporate Express Delivery Systems Air Division Inc)
Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 11Section 11.01 hereof, each Subsidiary Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee the Guarantees substantially in the form of Exhibit D shall be placed endorsed by an officer of such Subsidiary Guarantor on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Subsidiary Guarantor by the manual its President or facsimile signature one of an Officer of each Guarantorits Vice Presidents. Each Subsidiary Guarantor hereby agrees that the Guarantee Guarantees set forth in Section 11.1 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor or Officer whose signature is on this Indenture or on the Guarantee Guarantees no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 1 contract
Samples: Indenture (Leviathan Finance Corp)
Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 11Section 11.01 hereof, each Subsidiary Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee the Guarantees substantially in the form of Exhibit D shall be placed endorsed by an Officer of such Subsidiary Guarantor on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Subsidiary Guarantor by the manual its President or facsimile signature one of an Officer of each Guarantorits Vice Presidents. 102 Each Subsidiary Guarantor hereby agrees that the Guarantee Guarantees set forth in Section 11.1 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor or Officer whose signature is on this Indenture or on the Guarantee Guarantees no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is notation of the Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 1 contract
Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 11Section 10.01 hereof, each Subsidiary Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee the Guarantees substantially in the form of Exhibit D shall be placed endorsed by an Officer of such Subsidiary Guarantor on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Subsidiary Guarantor by the manual its President or facsimile signature one of an Officer of each Guarantorits Vice Presidents. Each Subsidiary Guarantor hereby agrees that the Guarantee Guarantees set forth in Section 11.1 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor or Officer whose signature is on this Indenture or on the Guarantee Guarantees no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is notation of the Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 1 contract
Execution and Delivery of Guarantees. To further evidence the its ------------------------------------ Guarantee set forth in this Article 1112, each Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee substantially in the form of Exhibit C hereto shall be placed endorsed on each Senior Note Security authenticated and made available for delivery delivered by the Trustee on or after the date such Guarantor becomes a Guarantor and that this Guarantee Indenture shall be executed on behalf of each the Guarantor by the an Officer of such Guarantor by manual or facsimile signature of an Officer of each Guarantorsignature. 101 Each Guarantor hereby agrees that the its Guarantee set forth in Section 11.1 12.1 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note Security a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee this Indenture no longer holds that office at the time the Trustee authenticates the Senior Note Security on which the a Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Senior Note Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract