Common use of Execution and Delivery of Notation of Guarantee Clause in Contracts

Execution and Delivery of Notation of Guarantee. To further evidence its 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, or in the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that 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 the Guarantee. If 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, 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 each of the Subsidiary Guarantors. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Appears in 12 contracts

Samples: Indenture (EnLink Midstream Partners, LP), Indenture (Oiltanking Partners, L.P.), Indenture (Oiltanking Partners, L.P.)

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Execution and Delivery of Notation of Guarantee. To further evidence its Subsidiary Guarantee set forth in Section 14.0110.01 hereof, each Subsidiary Guarantor as of the Subsidiary Guarantors date of this Indenture hereby agrees that a notation relating to such Guarantee, Notation of Guarantee substantially in the form attached as Exhibit H hereto as Annex A, shall will be endorsed by an Officer of such Subsidiary Guarantor 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 Guarantor, or in the case Guarantor by one of a its Officers. Each Subsidiary Guarantor that is a limited partnership, an officer of the general partner of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 14.01 shall 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the Notation of Guarantee. If 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, an Officer whose signature is on this Indenture or a Debt Security on the Notation of Guarantee no longer holds that office at the time the Trustee authenticates such Debt Security or at any time thereafterthe Note on which a Notation of Guarantee is endorsed, the Notation of 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 Notation of Guarantee set forth in this Indenture on behalf of each 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, Supplemental Indenture (Rex Energy Corp), Supplemental Indenture (Rex Energy Corp)

Execution and Delivery of Notation of Guarantee. To further evidence its Guarantee set forth in Section 14.01, each of the Guarantor and 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 the Guarantor or an Officer of such Subsidiary Guarantor, or in as the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner of such Subsidiary Guarantormay be. Each of the Guarantor and the Subsidiary Guarantors hereby agrees that 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 the Guarantee. If any officer Officer of the Guarantor or 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 notation of its 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 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 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 3 contracts

Samples: Indenture (Cloud Peak Energy Finance Corp.), Indenture (Cloud Peak Energy Finance Corp.), Cloud Peak Energy Resources LLC

Execution and Delivery of Notation of Guarantee. To further evidence its 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, or in the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that 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 the Guarantee. If 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, 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 each 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: Independence Land Co LLC, Indenture (Acin LLC)

Execution and Delivery of Notation of Guarantee. To further evidence its 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, Guarantor or in the case of a Subsidiary Guarantor that is a limited partnership, partnership an officer Officer of the general partner of such the Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that its 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, Guarantor or in the case of a Subsidiary Guarantor that is a limited partnership, partnership any officer 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 each 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: Satisfaction and Discharge of Indenture; Defeasance; Unclaimed Moneys (PSE Finance Corp), PSE Finance Corp

Execution and Delivery of Notation of Guarantee. To further evidence its 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, or in the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner of such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that 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 the Guarantee. If any officer of any Subsidiary Guarantor, or in the case of a Subsidiary Guarantor 57 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 each 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 (Spectra Energy Partners, LP)

Execution and Delivery of Notation of Guarantee. (a) To further evidence its 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 each such Subsidiary Guarantor, or in the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner of each such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that its 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, or in the case of a any Subsidiary Guarantor that is a limited partnership, any officer of the general partner of the 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 each 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 (Enbridge Energy Partners Lp)

Execution and Delivery of Notation of Guarantee. To further evidence its the Guarantee set forth in Section 14.011501 hereof, each of the Subsidiary Guarantors hereby Guarantor agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, Notation of Guarantee shall be endorsed affixed on each Debt Security entitled to the benefits of the Guarantee such series that is guaranteed by such Guarantor, and authenticated and delivered by the Trustee Trustee, and that a supplemental indenture shall be executed on behalf of such Guarantor by an Officer of such Guarantor, and each Guarantee made applicable to Securities pursuant to Section 301 shall be deemed to be duly executed by either manual or facsimile signature such Guarantor by virtue of the execution of the a supplemental indenture by an officer Officer of such Subsidiary Guarantor, or in Guarantor and the case execution of a Subsidiary Guarantor the Notation of Guarantee pursuant to Section 303 with such Notation of Guarantee being affixed on each Security of such series that is a limited partnership, an officer of the general partner of guaranteed by such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that 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 the Guarantee. If 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, an Officer whose facsimile signature is on this Indenture a Security of such series 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 a Notation of Guarantee is affixed, the Guarantee of such Debt Security shall be valid valid, nevertheless. The delivery of any Debt Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee relating to such Security set forth in this Indenture on behalf of each of the Subsidiary Guarantorsapplicable Guarantor. The Trustee hereby accepts the trusts in this Indenture upon the terms obligations of any Guarantor under its Guarantee will be a direct, unsecured and conditions herein set forthunsubordinated obligation of such Guarantor and such Guarantor undertakes that its obligations under such Guarantee will rank pari passu with all other present or future direct, unsecured and unsubordinated obligations of such Guarantor.

Appears in 1 contract

Samples: Indenture (Nova Cold Logistics ULC)

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Execution and Delivery of Notation of Guarantee. To further evidence its Guarantee set forth in Section 14.011501 of this Indenture, each of the Subsidiary Guarantors hereby agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex AB, shall be endorsed on each Debt Security 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 Guarantor, or in the case of a Subsidiary Guarantor that is a limited partnership, an officer Officer of the general partner of such Subsidiary each Guarantor. Each of the Subsidiary Guarantors hereby agrees that its the Guarantee set forth in such Section 14.01 1501 shall remain in full force and effect notwithstanding any failure to endorse on each Debt Security Note a notation relating to the Guaranteeits Guarantee and that a notation of a Guarantee of a Guarantor shall not be required with respect to Notes issued and authenticated prior to such Guarantor becoming a Guarantor. If any officer Officer of any Subsidiary the Guarantor, or in the case of a Subsidiary Guarantor that is a limited partnership, any officer Officer of the general partner of the 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 Note or at any time thereafter, the Guarantee of such Debt Security Note 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 Guarantees set forth in this Indenture on behalf of each 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: Supplemental Indenture (Talen Energy Holdings, Inc.)

Execution and Delivery of Notation of Guarantee. To further evidence its the Guarantee set forth in Section 14.011601 hereof with respect to the Securities of any series or any Coupons appertaining thereto, each of the Subsidiary Guarantors hereby Guarantor agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall Guarantee may be endorsed on each Debt the certificates evidencing any Security entitled to the benefits of the Guarantee such series that is authenticated and delivered by the Trustee Trustee, which Guarantee shall be executed on behalf of the Guarantor by its Chairman, its Chief Executive Officer, its President, its Chief Financial Officer or one of its Vice Presidents and executed by either its Treasurer, one of its Assistant Treasurers, its Secretary or one of its Assistant Secretaries (which signatures may be manual or facsimile) and that the form and terms of such Guarantee with respect to the Securities of such series shall be established as provided in Sections 201 and 301 hereof. Any Guarantee endorsed on the certificate evidencing any Security of any series shall be in addition to, and shall in no way limit, the Guarantee of the Securities of such series or any Coupons appertaining thereto pursuant to this Article Sixteen. Guarantees endorsed on the certificates evidencing any Security bearing the manual or facsimile signature signatures of an officer individuals who were at the time the proper officers of the Guarantor shall, to the fullest extent permitted by law, bind the Guarantor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Subsidiary Guarantor, Security or in did not hold such offices at the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner date of such Subsidiary GuarantorSecurity. Each of the Subsidiary Guarantors hereby The Guarantor agrees that its the Guarantee set forth in Section 14.01 this Article Sixteen shall remain in full force and effect and apply to all the Securities of each series that are guaranteed by the Guarantor pursuant to this Indenture and any Coupons appertaining thereto notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any officer of any Subsidiary Guarantorendorse, or election not to endorse, on any or all Securities of such series a Guarantee in the case manner contemplated by the first paragraph 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 neverthelessSection 1602. The delivery of any Debt Security by the TrusteeTrustee or the Operating Partnership, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture and the Guarantee, if any, endorsed on such Security on behalf of each 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 (Mid-America Apartments, L.P.)

Execution and Delivery of Notation of Guarantee. To further evidence its Guarantee set forth in Section 14.0110.01 hereof, each of the Subsidiary Guarantors Guarantor hereby agrees that (1) a notation relating to of such Guarantee, Guarantee substantially in the form attached as Exhibit E hereto as Annex A, shall may be endorsed by an Officer of such Guarantor on each Debt Security entitled to the benefits of the Guarantee Note authenticated and delivered by the Trustee and (2) this Indenture will be executed by either manual or facsimile signature of an officer on behalf of such Subsidiary Guarantor, or in the case Guarantor by one of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner of such Subsidiary Guarantorits Officers. Each of the Subsidiary Guarantors Guarantor hereby agrees that its Guarantee set forth in Section 14.01 shall 10.01 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 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, 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 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 each 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 Restricted Subsidiary after the date of this Indenture upon Indenture, if required by Section 4.17 hereof, the terms Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.17 hereof and conditions herein set forththis Article 10, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Horizon Personal Communications Inc)

Execution and Delivery of Notation of Guarantee. To further evidence its 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 each such Subsidiary Guarantor, or in the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner of each such Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that its 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, or in the case of a Subsidiary Guarantor that is a limited partnership, any officer of the general partner of the 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 each 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 (Te Products Pipeline Co LLC)

Execution and Delivery of Notation of Guarantee. To further evidence its the Guarantee set forth in Section 14.011601 hereof with respect to the Securities of any series or any Coupons appertaining thereto, each of the Subsidiary Guarantors hereby Guarantor agrees that a notation relating to such Guarantee, substantially in the form attached hereto as Annex A, shall Guarantee may be endorsed on each Debt the certificates evidencing any Security entitled to the benefits of the Guarantee such series that has been or is authenticated and delivered by the Trustee Trustee, which Guarantee shall be executed on behalf of the Guarantor by its Chairman, its Chief Executive Officer, its President, its Chief Financial Officer or one of its Vice Presidents and executed by either its Treasurer, one of its Assistant Treasurers, its Secretary or one of its Assistant Secretaries (which signatures may be manual or facsimile) and further agrees that the form and terms of such Guarantee with respect to the Securities of such series shall be established as provided in Sections 201 and 301 hereof. Any Guarantee endorsed on the certificate evidencing any Security of any series shall be in addition to, and shall in no way limit, the Guarantee of the Securities of such series or any Coupons appertaining thereto pursuant to this Article Sixteen. Guarantees endorsed on the certificates evidencing any Security bearing the manual or facsimile signature signatures of an officer individuals who were at the time the proper officers of the Guarantor shall, to the fullest extent permitted by law, bind the Guarantor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Subsidiary Guarantor, Security or in did not hold such offices at the case of a Subsidiary Guarantor that is a limited partnership, an officer of the general partner date of such Subsidiary GuarantorSecurity. Each of the Subsidiary Guarantors hereby The Guarantor agrees that its the Guarantee set forth in Section 14.01 this Article Sixteen shall remain in full force and effect and apply to all the Securities of each series that are guaranteed by the Guarantor pursuant to this Indenture and any Coupons appertaining thereto notwithstanding any failure to endorse on each Debt Security a notation relating to the Guarantee. If any officer of any Subsidiary Guarantorendorse, or election not to endorse, on any or all Securities of such series a Guarantee in the case manner contemplated by the first paragraph 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 neverthelessSection 1602. The delivery of any Debt Security by the TrusteeTrustee or the Operating Partnership, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture and the Guarantee, if any, endorsed on such Security on behalf of each 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 (Mid-America Apartments, L.P.)

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