Execution and Delivery of Notation of Guarantees. To further evidence the Guarantees, the Guarantor hereby agrees that a notation of such Guarantees may be endorsed on each Security authenticated and delivered by the Trustee and that such notation shall be executed by either manual or facsimile signature of an Officer of the Guarantor. The Guarantor hereby agrees that its Guarantees shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of the Guarantees. If an Officer of the 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, the 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 the Guarantees set forth in this Indenture on behalf of the Guarantor.
Execution and Delivery of Notation of Guarantees. To further evidence the Guarantees, each Guarantor hereby agrees that on the date of this Indenture a notation of such Guarantees may be endorsed on each Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an Officer of the Guarantor. Each Guarantor hereby agrees that its Guarantees shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation relating to the Guarantee thereof. If an Officer of a Guarantor whose signature is on this Indenture or a Security no longer holds that office, or if any other or additional Person shall have become a "Guarantor" hereunder in accordance with Section 4.01 or 4.02 hereof, at the time the Trustee authenticates such Security or at any time thereafter, the 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 and each other Person which may at such time constitute the "Guarantor" hereunder.
Execution and Delivery of Notation of Guarantees. To further evidence the Guarantees, each Guarantor hereby agrees that a notation of its Guarantee may be endorsed on each Security of a series to which this Article Fourteen has been made applicable authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an officer of such Guarantor. Each Guarantor hereby agrees that its Guarantee of Securities of a series to which this Article Fourteen has been made applicable shall remain in full force and effect notwithstanding any failure to endorse on any such Security a notation relating to any Guarantee thereof. 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 by the Trustee of any Security of a series to which this Article Fourteen has been made applicable, after the authentication thereof under this Indenture, shall constitute due delivery of the Guarantees set forth in this Indenture on behalf of the applicable Guarantor.
Execution and Delivery of Notation of Guarantees. To further evidence the Guarantees, the Guarantor hereby agrees that on the date of this Indenture a notation of such Guarantees shall be endorsed on each Debt Security authenticated and delivered by the Trustee and executed by either manual or facsimile signature of an
Execution and Delivery of Notation of Guarantees. To further evidence the Guarantees, the Guarantor hereby agrees that a notation of such Guarantees may be endorsed on each Convertible Debenture authenticated and delivered by the Indenture Trustee and executed by either manual or facsimile signature of an officer of the Guarantor. The Guarantor hereby agrees that its Guarantees shall remain in full force and effect notwithstanding any failure to endorse on any Convertible Debenture a notation relating to the Guarantee thereof. If an officer of a Guarantor whose signature is on this Convertible Debenture Guarantee Agreement or a Convertible Debenture no longer holds that office at the time the Indenture Trustee authenticates such Convertible Debenture or at any time thereafter, the Guarantor's Guarantee of such Convertible Debenture shall be valid nevertheless. The delivery of any Convertible Debenture by the Indenture Trustee, after the authentication thereof under the Indenture, shall constitute due delivery of the Guarantees set forth in this Subordinated Debenture Guarantee Agreement on behalf of the Guarantor.
Execution and Delivery of Notation of Guarantees. 63 SECTION 9.03. Guarantors May Consolidate, etc., on Certain Terms 64 SECTION 9.04. Luxembourg: Guarantee Limitation 64 SECTION 9.05. Releases 65 ARTICLE X REDEMPTION SECTION 10.01. Notices to Trustee 65 SECTION 10.02. Selection of Securities to be Redeemed 66 SECTION 10.03. Notices to Holders 66 SECTION 10.04. Effect of Notices of Redemption 67 SECTION 10.05. Deposit of Redemption Price 67 SECTION 10.06. Securities Redeemed in Part 67 SECTION 10.07. Optional Redemption 68 SECTION 10.08. Tax Redemption 68 ARTICLE XI MISCELLANEOUS SECTION 11.01. [Reserved] 69 SECTION 11.02. Notices 69 SECTION 11.03. [Reserved] 70 SECTION 11.04. Certificate and Opinion as to Conditions Precedent 71 SECTION 11.05. Statements Required in Certificate or Opinion 71 SECTION 11.06. Rules by Trustee and Agents 71 SECTION 11.07. Legal Holidays 71 SECTION 11.08. No Recourse Against Others 71 SECTION 11.09. Governing Law; Jury Trial Waiver 72 SECTION 11.10. Consent to Jurisdiction and Service of Process 72 SECTION 11.11. Waiver of Immunity 72 SECTION 11.12. Judgment Currency 73 SECTION 11.13. No Adverse Interpretation of Other Agreements 73 SECTION 11.14. Successors 73 SECTION 11.15. Severability 73 SECTION 11.16. Counterpart Originals 73 SECTION 11.17. U.S.A. Patriot Act 73 SECTION 11.18. Force Majeure 74 SECTION 11.19. Table of Contents, Headings, etc 74 EXHIBITS EXHIBIT A Form of Security A-1 EXHIBIT B Form of Certificate of Transfer B-1 EXHIBIT C Form of Certificate of Exchange C-1 THIS INDENTURE dated as of July 22, 2024, is among Nxxxxx Industries, Inc. a Delaware corporation (the “Company”), the Guarantors (as defined hereinafter) and Wilmington Trust, National Association, a national banking association as trustee (the “Trustee”). Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the Holders (as defined hereinafter) of (i) $550,000,000 in aggregate principal amount of the Company’s 8.875% Senior Guaranteed Notes due 2031 issued on the date hereof (the “Initial Securities”) and (ii) any Additional Securities (as defined herein) issued by the Company hereafter:
