Common use of Execution and Delivery of Guaranty Clause in Contracts

Execution and Delivery of Guaranty. To evidence the Guaranty to the Securityholders hereunder, the Guaranty, substantially in the form provided in Section 2.4, shall be endorsed on each Security authenticated and delivered hereunder. The Guaranty endorsed upon each such Security shall be signed in the name of the Guarantor by the president or any executive vice president of the Guarantor. Such signature may be the manual or facsimile signature of the present or any future such officers. Typographical and other minor errors or defects in any such reproduction of any such signature shall not affect the validity or enforceability of the Guaranty endorsed upon any Security that has been duly authenticated and delivered by the Trustee. In case any officer of the Guarantor who shall have signed any Guaranty shall cease to hold such office before the Security on which such Guaranty is endorsed shall be authenticated and delivered by the Trustee or disposed of by the Issuer, such Security nevertheless may be authenticated and delivered or disposed of as though the person who signed such Guaranty had not ceased to hold such office of the Guarantor; and the Guaranty on any Security may be signed in the name of the Guarantor by such persons as, at the actual date of the execution of such Guaranty, shall be the proper officers of the Guarantor, although at the date of the execution and delivery of this Indenture any such person was not such an officer.

Appears in 4 contracts

Samples: Indenture (Ahold Finance Usa Inc), Subordinated Debt Indenture (Royal Ahold), Subordinated Debt Indenture (Royal Ahold)

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Execution and Delivery of Guaranty. To evidence the Guaranty to the Securityholders hereunder, the Guaranty, substantially in the form provided in Section 2.4, shall be endorsed on each Security authenticated and delivered hereunder. The Guaranty endorsed upon each such Security shall be signed in the name of the Guarantor by the chairman of the Board of Directors, the President, any vice president or any executive vice president the treasurer of the Guarantor. Such signature may be the manual or facsimile signature of the present or any future such officers. Typographical and other minor errors or defects in any such reproduction of any such signature shall not affect the validity or enforceability of the Guaranty endorsed upon any Security that has been duly authenticated and delivered by the Trustee. In case any officer of the Guarantor who shall have signed any Guaranty shall cease to hold such office before the Security on which such Guaranty is endorsed shall be authenticated and delivered by the Trustee or disposed of by the Issuer, such Security nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Guaranty had not ceased to hold such office of the Guarantoroffice; and the Guaranty on any Security may be signed in the name of the Guarantor by such persons Persons as, at the actual date of the execution of such Guaranty, shall be the proper officers of the Guarantor, although at the date of the execution and delivery of this Indenture any such person was not such an officer.

Appears in 3 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/), Indenture (Newmont Usa LTD)

Execution and Delivery of Guaranty. To evidence the ---------------------------------- Guaranty to the Securityholders hereunder, the Guaranty, substantially in the form provided in Section 2.4, shall be endorsed on each Security authenticated and delivered hereunder. The Guaranty endorsed upon each such Security shall be signed in the name of the Guarantor by the president, the executive vice president, any senior vice president or any executive vice president treasurer of the Guarantor. Such signature may be the manual or facsimile signature of the present or any future such officers. Typographical and other minor errors or defects in any such reproduction of any such signature shall not affect the validity or enforceability of the Guaranty endorsed upon any Security that has been duly authenticated and delivered by the Trustee. In case any officer of the Guarantor who shall have signed any Guaranty shall cease to hold such office before the Security on which such Guaranty is endorsed shall be authenticated and delivered by the Trustee or disposed of by the Issuer, such Security nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Guaranty had not ceased to hold such office of the Guarantoroffice; and the Guaranty on any Security may be signed in the name of the Guarantor by such persons Persons as, at the actual date of the execution of such Guaranty, shall be the proper officers of the Guarantor, although at the date of the execution and delivery of this Indenture any such person was not such an officer.

Appears in 2 contracts

Samples: Indenture (Newmont Gold Co), Indenture (Newmont Gold Co)

Execution and Delivery of Guaranty. To evidence the Guaranty to the Securityholders hereunder, the Guaranty, substantially in the form provided in Section 2.4, shall be endorsed on each Security authenticated and delivered hereunder. The Guaranty endorsed upon each such Security shall be signed in the name of the Guarantor by the chairman of the Board of Directors, the president, any vice president or any executive vice president the treasurer of the Guarantor. Such signature may be the manual or facsimile signature of the present or any future such officers. Typographical and other minor errors or defects in any such reproduction of any such signature shall not affect the validity or enforceability of the Guaranty endorsed upon any Security that has been duly authenticated and delivered by the Trustee. In case any officer of the Guarantor who shall have signed any Guaranty shall cease to hold such office before the Security on which such Guaranty is endorsed shall be authenticated and delivered by the Trustee or disposed of by the Issuer, such Security nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Guaranty had not ceased to hold such office of the Guarantoroffice; and the Guaranty on any Security may be signed in the name of the Guarantor by such persons Persons as, at the actual date of the execution of such Guaranty, shall be the proper officers of the Guarantor, although at the date of the execution and delivery of this Indenture any such person was not such an officer.

Appears in 2 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

Execution and Delivery of Guaranty. To evidence The Guaranty to be endorsed on the Securities of each series shall include the terms of the Guaranty set forth in Section 1301 and any other terms that may be set forth as established pursuant to the Securityholders hereunder, the Section 301. The Guarantor hereby agrees to execute its Guaranty, substantially in the a form provided in established pursuant to Section 2.4201, shall to be endorsed on each Security authenticated and delivered hereunderby the Trustee. The Guaranty endorsed upon each such Security shall be signed in the name executed on behalf of the Guarantor by the president or any executive vice president an Authorized Officer of the Guarantor. Such The signature of any such officer on the Guarantee may be manual or facsimile. A Guaranty bearing the manual or facsimile signature of an individual who was at the present or any future such officers. Typographical and other minor errors or defects in any such reproduction time of any such signature shall not affect the validity or enforceability of the Guaranty endorsed upon any Security that has been duly authenticated and delivered by the Trustee. In case any officer execution an Authorized Officer of the Guarantor who shall have signed any Guaranty shall cease bind the Guarantor, notwithstanding that such individual has ceased to hold be such office before Authorized Officer prior to the authentication and delivery of the Security on which such Guaranty is endorsed shall be authenticated or was not such Authorized Officer at the date of such Guaranty. The delivery of any Security by the Company, after the authentication and delivered delivery thereof by the Trustee or disposed hereunder, shall constitute due delivery of by the Issuer, such Security nevertheless may be authenticated and delivered or disposed of as though the person who signed such Guaranty had not ceased to hold such office endorsed thereon on behalf of the Guarantor; . The Guarantor hereby agrees that its Guaranty set forth in Section 1301 shall remain in full force and the effect notwithstanding any failure to endorse a Guaranty on any Security may be signed Security. The Guarantor by its execution of this Indenture hereby authorizes the Company, in the name of the Guarantor by such persons as, at the actual date of the execution of such Guaranty, shall be the proper officers and on behalf of the Guarantor, although at to confirm the date applicable Guaranty to the Holder of the each Security authenticated and delivered hereunder by its execution and delivery of this Indenture any each such person was not such an officerSecurity.

Appears in 2 contracts

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

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Execution and Delivery of Guaranty. To evidence the its Guaranty to the Securityholders hereunderset forth in Section 12.1, the Guaranty, each Guarantor agrees that a notation of such Guaranty substantially in the form provided in Section 2.4, annexed hereto as EXHIBIT B shall be endorsed on each Security authenticated and delivered hereunder. The Guaranty endorsed upon each such Security by the Trustee and that this Indenture shall be signed in the name executed on behalf of such Guarantor by its Chairman of the Guarantor Board, its President or one of its Vice Presidents, by the president or any executive vice president of the Guarantor. Such signature may be the manual or facsimile signature, under a facsimile of its seal reproduced thereon and attested to by another Officer other than the Officer executing the Indenture. Each Guarantor agrees that its Guaranty set forth in Section 12.1 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 Guaranty. If an Officer whose signature of is on a Security no longer holds that office at the present or any future such officers. Typographical and other minor errors or defects in any such reproduction of any such signature shall not affect time the validity or enforceability of the Guaranty endorsed upon any Security that has been duly authenticated and delivered by the Trustee. In case any officer of the Guarantor who shall have signed any Guaranty shall cease to hold such office before Trustee authenticates the Security on which such a Guaranty is endorsed endorsed, the Guaranty shall be authenticated and delivered valid nevertheless. The delivery of any Security by the Trustee or disposed of by Trustee, after the Issuerauthentication thereof hereunder, such Security nevertheless may be authenticated and delivered or disposed of as though the person who signed such Guaranty had not ceased to hold such office shall constitute due delivery of the Guarantor; and the Guaranty on any Security may be signed set forth in the name of the Guarantor by such persons as, at the actual date of the execution of such Guaranty, shall be the proper officers of the Guarantor, although at the date of the execution and delivery of this Indenture any such person was not such an officeron behalf of each Guarantor.

Appears in 2 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

Execution and Delivery of Guaranty. (a) To further evidence the Guaranty to the Securityholders hereunderset forth in Section 14.1, the each Guarantor hereby agrees that a notation of such Guaranty, substantially in the form provided included in Section 2.4Exhibit B (the “Notation of Guaranty”), shall be endorsed on each Security authenticated any promissory note or notes delivered pursuant to clause (d) of Section 2.2, and delivered hereunder. The such Notation of Guaranty endorsed upon each such Security shall be signed in the name of the Guarantor executed by the president or any executive vice president of the Guarantor. Such signature may be the either manual or facsimile signature of an Officer or an Officer of a general partner, as the present or any future such officerscase may be, of each Guarantor. Typographical The validity and other minor errors or defects in any such reproduction of any such signature shall not affect the validity or enforceability of the Guaranty endorsed upon any Security that has been duly authenticated and delivered shall not be affected by the Trustee. In case fact that it is not affixed to any particular such promissory note. (b) Each of the Guarantors hereby agrees that the Guaranty set forth in Section 14.1 shall remain in full force and effect notwithstanding any failure to endorse on each such promissory note a notation of such Guaranty. (c) If an officer of a Guarantor whose signature is on this Agreement or a Notation of Guaranty no longer holds that office at the Guarantor who shall have signed any Guaranty shall cease to hold such office before time Borrower authenticates the Security promissory note on which such Guaranty is endorsed or at any time thereafter, such Guarantor’s Guaranty of such promissory note shall be authenticated and delivered valid nevertheless. (d) The delivery of any promissory note by Lender, after the Trustee or disposed authentication thereof hereunder, shall constitute due delivery of by the Issuer, such Security nevertheless may be authenticated and delivered or disposed of as though the person who signed such Guaranty had not ceased to hold such office set forth in this Agreement on behalf of the Guarantor; and the Guaranty on any Security may be signed in the name of the Guarantor by such persons as, at the actual date of the execution of such Guaranty, shall be the proper officers of the Guarantor, although at the date of the execution and delivery of this Indenture any such person was not such an officer.

Appears in 2 contracts

Samples: Term Loan Agreement, Term Loan Agreement (Phibro Animal Health Corp)

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