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

Execution and Delivery of Notation of Guarantee. (a) To evidence its Guarantee set forth in Section 10.01, on the Issue Date the Initial Guarantor shall be required to have a notation of such Guarantee substantially in the form included in Exhibit D hereto endorsed by an Officer of such Initial Guarantor by manual or facsimile signature on each Note authenticated and delivered by the Trustee. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. (c) If an Officer whose signature is on this Indenture or on the notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Guarantee is endorsed, the Guarantee shall be valid nevertheless. (d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. (e) Subsequent to the date of this Indenture, in the event a Restricted Subsidiary is required by Section 4.12 to guarantee the Company’s obligations under the Notes and this Indenture, the Company shall cause such Restricted Subsidiary to execute a supplemental indenture to this Indenture substantially in the form included in Exhibit E hereto and a notation of Guarantee in accordance with Section 4.12 and this Article Ten, to the extent applicable.

Appears in 7 contracts

Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc)

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Execution and Delivery of Notation of Guarantee. (a) To evidence its Guarantee set forth in Section 10.01, on the Issue Date the Date, each Initial Guarantor hereby agrees that this Indenture shall be required to have a notation executed on behalf of such Guarantee substantially in the form included in Exhibit D hereto endorsed Initial Guarantor by an Officer of such Initial Guarantor by manual or facsimile signature on each Note authenticated and delivered by the TrusteeGuarantor. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding the absence of the endorsement of any failure to endorse on each Note a notation of such GuaranteeGuarantee on the Notes. (c) If an Officer whose signature is on this Indenture or on the notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Guarantee is endorsedNotes, the Guarantee shall be valid nevertheless. (d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. (e) Subsequent to the date of this Indenture, in the event a Restricted Subsidiary is required by Section 4.12 4.08 to guarantee the Company’s obligations under the Notes and this Indenture, the Company shall cause such Restricted Subsidiary to execute a supplemental indenture to this Indenture substantially in the form included in Exhibit E D hereto and a notation of Guarantee in accordance with Section 4.12 4.08 and this Article Ten, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Range Resources Corp), Indenture (California Resources Corp), Indenture (Occidental Petroleum Corp /De/)

Execution and Delivery of Notation of Guarantee. (a) To evidence its Guarantee set forth in Section 10.0111.01 hereof, on the Issue Date the Initial each Guarantor shall be required to have hereby agrees that a notation of such Guarantee substantially in the form included in attached as Exhibit D E hereto will be endorsed by an Officer of such Initial Guarantor Guarantor, by manual or facsimile signature signature, on each Note authenticated and delivered by the TrusteeTrustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. (c) If an Officer whose signature is on this Indenture or on the notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Guarantee is endorsed, the Guarantee shall will be valid nevertheless. (d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. (e) Subsequent to In the event that the Company or any of its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenturehereof, in the event a Restricted Subsidiary is if required by Section 4.12 to guarantee the Company’s obligations under the Notes and this Indenture4.16 hereof, the Company shall will cause such Restricted Domestic Subsidiary to execute a supplemental indenture to this Indenture substantially in the form included in Exhibit E hereto and a notation of Guarantee in accordance with Section 4.12 and this Article Ten, comply to the extent applicableapplicable with the provisions of Section 4.16 hereof, this Article 11.

Appears in 1 contract

Samples: Indenture (Black Elk Energy Finance Corp.)

Execution and Delivery of Notation of Guarantee. (a) To evidence its Guarantee set forth in Section 10.0110.01 hereof, on the Issue Date the Initial each Guarantor shall be required to have hereby agrees that (1) a notation of such Guarantee substantially in the form included in attached as Exhibit D E hereto may be endorsed by an Officer of such Initial Guarantor by manual or facsimile signature on each Note authenticated and delivered by the Trustee. Trustee and (b2) this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. (c) . If an Officer whose signature is on this Indenture or on the notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Guarantee is endorsed, the Guarantee shall will be valid nevertheless. (d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. (e) Subsequent to . In the event that the Company or any of its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, in the event a Restricted Subsidiary is if required by Section 4.12 to guarantee the Company’s obligations under the Notes and this Indenture4.17 hereof, the Company shall will cause such Domestic Restricted Subsidiary to execute a supplemental indenture to this Indenture substantially in comply with the form included in Exhibit E hereto and a notation provisions of Guarantee in accordance with Section 4.12 4.17 hereof and this Article Ten10, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Horizon Personal Communications Inc)

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Execution and Delivery of Notation of Guarantee. (a) To evidence its Guarantee set forth in Section 10.01, on the Issue Date the each Initial Guarantor shall be required to have a notation of such Guarantee substantially in the form included in Exhibit D hereto endorsed by an Officer of such Initial Guarantor by manual manual, facsimile or facsimile electronic signature on each Note authenticated and delivered by the Trustee. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. (c) If an Officer whose signature is on this Indenture or on the notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Guarantee is endorsed, the Guarantee shall be valid nevertheless. (d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. (e) Subsequent to the date of this Indenture, in the event a Restricted Subsidiary is required by Section 4.12 4.08 to guarantee the Company’s obligations under the Notes and this Indenture, the Company shall cause such Restricted Subsidiary to execute a supplemental indenture to this Indenture substantially in the form included in Exhibit E hereto and a notation of Guarantee in accordance with Section 4.12 4.08 and this Article Ten, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Continental Resources, Inc)

Execution and Delivery of Notation of Guarantee. (a) To evidence its Guarantee set forth in Section 10.01, on the Issue Date the each Initial Guarantor shall be required to have a notation of such Guarantee substantially in the form included in Exhibit D hereto endorsed by an Officer of such Initial Guarantor by manual or facsimile signature on each Note authenticated and delivered by the Trustee. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. (c) If an Officer whose signature is on this Indenture or on the notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Guarantee is endorsed, the Guarantee shall be valid nevertheless. (d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. (e) Subsequent to the date of this Indenture, in the event a Restricted Subsidiary is required by Section 4.12 4.08 to guarantee the Company’s obligations under the Notes and this Indenture, the Company shall cause such Restricted Subsidiary to execute a supplemental indenture to this Indenture substantially in the form included in Exhibit E hereto and a notation of Guarantee in accordance with Section 4.12 4.08 and this Article Ten, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Continental Resources, Inc)

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