Execution and Delivery of Notations of Note Guaranties. To evidence the Note Guaranties set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of its Note Guaranty substantially in the form of Exhibit B shall be endorsed on each Note authenticated and delivered by the Trustee and that such Note Guaranty shall be executed on behalf of such Guarantor by one of its Officers. The Parent Guarantor and each Subsidiary Guarantor hereby agree that the Note Guaranties set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of the Note Guaranties. If an Officer whose signature is on the notation of Note Guaranties no longer holds that office at the time the Trustee authenticates the Note on which the notation of the Note Guaranties is endorsed, the Note Guaranties shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guaranties set forth in this Article X on behalf of the Parent Guarantor and the Subsidiary Guarantors.
Appears in 5 contracts
Samples: Indenture (Youngs Creek Mining Co LLC), Indenture (Youngs Creek Mining Co LLC), Indenture (Cloud Peak Energy Inc.)
Execution and Delivery of Notations of Note Guaranties. To evidence the Note Guaranties set forth in Section Section 10.01 hereof, each Guarantor hereby agrees that a notation of its Note Guaranty substantially in the form of Exhibit B shall be endorsed on each Note authenticated and delivered by the Trustee and that such Note Guaranty shall be executed on behalf of such Guarantor by one of its Officers. The Parent Guarantor and each Subsidiary Guarantor hereby agree that the Note Guaranties set forth in Section Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of the Note Guaranties. If an Officer whose signature is on the notation of Note Guaranties no longer holds that office at the time the Trustee authenticates the Note on which the notation of the Note Guaranties is endorsed, the Note Guaranties shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guaranties set forth in this Article Article X on behalf of the Parent Guarantor and the Subsidiary Guarantors.
Appears in 1 contract
Samples: Cloud Peak (Cloud Peak Energy Inc.)
Execution and Delivery of Notations of Note Guaranties. To evidence the Note Guaranties set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of its Note Guaranty substantially in the form of Exhibit B shall be endorsed on each Note authenticated and delivered by the Trustee and that such Note Guaranty shall be executed on behalf of such Guarantor by one of its Officers. The Parent Guarantor and each Subsidiary Guarantor hereby agree that the Note Guaranties set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of the Note Guaranties. If an Officer whose signature is on the notation of Note Guaranties no longer holds that office at the time the Trustee authenticates the Note on which the notation of the Note Guaranties is endorsed, the Note Guaranties shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guaranties set forth in this Article X XI on behalf of the Parent Guarantor and the Subsidiary Guarantors.
Appears in 1 contract
Samples: First Supplemental Indenture (Cloud Peak Energy Resources LLC)
Execution and Delivery of Notations of Note Guaranties. To evidence the Note Guaranties set forth in Section Section 10.01 hereof, each Guarantor hereby agrees that a notation of its Note Guaranty substantially in the form of Exhibit B shall be endorsed on each Note authenticated and delivered by the Trustee and that such Note Guaranty shall be executed on behalf of such Guarantor by one of its Officers. The Parent Guarantor and each Subsidiary Each Guarantor hereby agree that the Note Guaranties set forth in Section Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of the Note Guaranties. If an Officer whose signature is on the notation of Note Guaranties no longer holds that office at the time the Trustee authenticates the Note on which the notation of the Note Guaranties is endorsed, the Note Guaranties shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guaranties set forth in this Article Article X on behalf of the Parent Guarantor and the Subsidiary Guarantors.
Appears in 1 contract
Samples: Indenture (Navajo Transitional Energy Company, LLC)