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

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 17 contracts

Samples: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP)

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Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 1011, to the extent applicable.

Appears in 15 contracts

Samples: Indenture (Urban One, Inc.), Indenture (Urban One, Inc.), Indenture (Radio One, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as included in Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by its President or one of its OfficersVice Presidents. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 hereof, the Issuers will Company shall cause such Domestic Subsidiary Subsidiaries to comply execute supplemental indentures to this Indenture and Note Guarantees in accordance with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 11 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc), Indenture (Crown Castle International Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.1, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached hereto as Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee. Such notation of Note Guarantee shall be executed signed on behalf of such Guarantor by one an officer of its Officerssuch Guarantor (or, if an officer is not available, by a board member or director or another authorized person) on behalf of such Guarantor by manual or facsimile signature. In case the officer, board member or director of such Guarantor who shall have signed such notation of Note Guarantee shall cease to be such officer, board member or director before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not ceased to be such officer, board member or director. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 10.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of the Guarantors. In The failure to endorse a Note Guarantee shall not affect or impair the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicablevalidity thereof.

Appears in 10 contracts

Samples: Indenture (Oshkosh Corp), Indenture (Spirit AeroSystems Holdings, Inc.), Indenture (Oshkosh Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E D hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Indenture, or a supplement thereto, will be executed on behalf of such Guarantor by one of its Officers, provided that a Guarantor who becomes Guarantor after the date of this Indenture need not execute such notation. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a such notation of its Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic another Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable.

Appears in 9 contracts

Samples: Indenture (Extraction Oil & Gas, Inc.), Indenture (Lonestar Resources US Inc.), Indenture (Parsley Energy, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 8 contracts

Samples: Indenture (Fti Consulting Inc), Indenture (Canadian Satellite Radio Inc.), Indenture (H&E Equipment Services, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof12.1, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached hereto as Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee. Such notation of Note Guarantee shall be executed signed on behalf of such Guarantor by one an officer of its Officerssuch Guarantor (or, if an officer is not available, by a board member or director) on behalf of such Guarantor by manual or facsimile signature. In case the officer, board member or director of such Guarantor who shall have signed such notation of Note Guarantee shall cease to be such officer, board member or director before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not ceased to be such officer, board member or director. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 12.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of the Guarantors. In The failure to endorse a Note Guarantee shall not affect or impair the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicablevalidity thereof.

Appears in 8 contracts

Samples: Indenture (Ryerson Holding Corp), Indenture (Ryerson Holding Corp), Indenture (Ryerson Holding Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer or a Director of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its OfficersOfficers or Directors. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer or a Director whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or The Company shall cause any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if so required by Section 4.18 hereof, 4.17 to execute a supplemental indenture in the Issuers will cause such Domestic Subsidiary form of Exhibit F to comply this Indenture and a notation of Note Guarantees in the form of Exhibit E to this Indenture in accordance with the provisions of Section 4.18 hereof 4.17 and this Article 10, to the extent applicable11.

Appears in 7 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.19 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.19 hereof and this Article 1011, to the extent applicable.

Appears in 7 contracts

Samples: Indenture (AMERICAN EAGLE ENERGY Corp), Indenture (Polaner Inc), Indenture (Bell Powersports, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers create or acquire any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.16 hereof, the Issuers will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable.

Appears in 6 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E D hereto will be endorsed by an Officer or a Director of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its OfficersOfficers or Directors. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 11.01 will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer or Director whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or The Parent shall cause any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if so required by Section 4.18 hereof4.16, to execute a Supplemental Indenture in the Issuers will cause such Domestic Subsidiary form of Exhibit E to comply this Indenture and a notation of Note Guarantees in the form of Exhibit D to this Indenture in accordance with the provisions of Section 4.18 hereof 4.16 and this Article 10, to the extent applicable11.

Appears in 6 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD), Indenture (Sappi LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 1011, to the extent applicable.

Appears in 6 contracts

Samples: Indenture (Radio One, Inc.), Indenture (Innophos, Inc.), Indenture (Innophos Investment Holdings, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 (“Note Guarantee”) hereof, each Guarantor hereby agrees that this Indenture or a notation of such Note Guarantee supplemental indenture in substantially in the form attached hereto as Exhibit E hereto B will be endorsed signed by an Officer of such Guarantor on each Note authenticated and delivered (by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officersmanual or facsimile signature). Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding the absence of the endorsement of any failure to endorse on each Note a notation of such Note GuaranteeGuarantee on the Notes. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee a supplemental indenture, as applicable, no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsedany Note, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.13 (“Additional Note Guarantees”) hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.13 (“Additional Note Guarantees”) hereof and this Article 1011, to the extent applicable.

Appears in 5 contracts

Samples: Indenture (Vantage Drilling International), Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.1, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached hereto as Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee. Such notation of Note Guarantee shall be executed signed on behalf of such Guarantor by one an officer of its Officerssuch Guarantor (or, if an officer is not available, by a board member or director) on behalf of such Guarantor by manual or facsimile signature. In case the officer, board member or director of such Guarantor who shall have signed such notation of Note Guarantee shall cease to be such officer, board member or director before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not ceased to be such officer, board member or director. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 10.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of the Guarantors. In The failure to endorse a Note Guarantee shall not affect or impair the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicablevalidity thereof.

Appears in 5 contracts

Samples: Indenture (Rock-Tenn Co of Texas), Indenture (Rock-Tenn CO), Indenture (Rock-Tenn CO)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 5 contracts

Samples: Indenture (First Cash Financial Services Inc), Indenture (Exopack Holding Corp), Indenture (Nutra Sales Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.1, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached hereto as Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee. Such notation of Note Guarantee shall be executed signed on behalf of such Guarantor by one an officer of its Officerssuch Guarantor (or, if an officer is not available, by a board member, director or member, as applicable) on behalf of such Guarantor by manual or facsimile signature. In case the officer, board member or director or member of such Guarantor who shall have signed such notation of Note Guarantee shall cease to be such Officer, board member, director or member before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not ceased to be such officer, board member, director or member. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 11.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of the Guarantors. In The failure to endorse a Note Guarantee shall not affect or impair the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicablevalidity thereof.

Appears in 5 contracts

Samples: Indenture (Jack Cooper Holdings Corp.), Indenture (Jack Cooper Logistics, LLC), Indenture (Carrols Restaurant Group, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Sunoco LP’s Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.15 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.15 hereof and this Article 10, to the extent applicable.

Appears in 5 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Execution and Delivery of Note Guarantee. To evidence its the Note Guarantee set forth in Section 10.01 12.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as of Exhibit E D hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 12.01 hereof will shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsedNote, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 5.18 hereof, the Issuers Company and the Guarantors will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 5.18 hereof and this Article 1012, to the extent applicable.

Appears in 5 contracts

Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Indenture, or a supplement thereto, will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a such notation of its Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Partnership or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 4.16 hereof, the Issuers Partnership will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (SunCoke Energy Partners, L.P.), Indenture (SunCoke Energy Partners, L.P.), Indenture (SunCoke Energy Partners, L.P.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.19 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.19 hereof and this Article 10, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (Jarden Corp), Indenture, Indenture (Jarden Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Subsidiary Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that a notation of such Note Subsidiary Guarantee substantially in the form attached as included in Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by its President or one of its OfficersVice Presidents. Each Guarantor hereby agrees that its Note Subsidiary Guarantee set forth in Section 10.01 hereof will 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note Subsidiary a notation of such Note Subsidiary Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Subsidiary Guarantee is endorsed, the Note Subsidiary Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Subsidiary Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after new domestic Restricted Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 4.20 hereof, the Issuers will Company shall cause such Domestic domestic Restricted Subsidiaries to execute supplemental indentures to this Indenture in the form included in Exhibit F and Subsidiary to comply Guarantees in the form included in Exhibit E in accordance with the provisions of Section 4.18 4.20 hereof and this Article 1011, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (SFX Entertainment Inc), Indenture (SFX Broadcasting Inc), Indenture (SFX Entertainment Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.20 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.20 hereof and this Article 1011, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (Park Ohio Holdings Corp), Indenture (Park Ohio Industries Inc/Oh), Indenture (Dycom Industries Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or Company acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 1011, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD), Indenture (Vector Group LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Regency Energy Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (Regency Energy Partners LP), Indenture (Regency Energy Partners LP), Indenture (Regency Energy Partners LP)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee on or after the date of issuance of such Note Guarantees and that this Indenture or a supplement thereto will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10. Neither the Company nor any Guarantor shall be required to make a notation on the Notes to reflect a Note Guarantee issued after the date such Notes are executed and authenticated or any release, to the extent applicabletermination or discharge thereof.

Appears in 4 contracts

Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as included in Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by its President or one of its OfficersVice Presidents. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers will Company shall cause such Domestic Subsidiary Subsidiaries to comply execute supplemental indentures to this Indenture and Note Guarantees in accordance with the provisions of Section 4.18 4.17 hereof and this Article 1011, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (Charles River Laboratories Holdings Inc), Indenture (Sealy Corp), Indenture (Charles River Laboratories Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 hereof4.16, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof 4.16 and this Article 10, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Nutrition Ltd.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.15 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.15 hereof and this Article 1011, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.), Indenture (Ion Geophysical Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby (including any Restricted Subsidiary that becomes a Guarantor at its option) agrees that a notation of such Note Guarantee in substantially in the form attached as of Exhibit E D hereto will may be endorsed by manual or facsimile signature by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that the supplemental indenture to this Indenture will referred to in the next succeeding paragraph shall be executed on behalf of such Guarantor by one an Officer of such Guarantor. To the extent required by the provisions of Section 4.15 hereof, the Parent shall cause each Restricted Subsidiary to execute a notation of Note Guarantee in substantially the form of Exhibit D hereto, and, whether or not required by Section 4.15 hereof, the Parent may also cause, at its option, any Restricted Subsidiary to execute such a notation. Such notation of Note Guarantee shall be accompanied by a supplemental indenture in substantially the form of Exhibit E hereto, along with the Opinion of Counsel and Officers’ Certificate required under Section 9.06 of this Indenture; provided, however, that any Subsidiary that has been properly designated as an Unrestricted Subsidiary in accordance with this Indenture need not execute a notation of Note Guarantee for so long as it continues to constitute an Unrestricted Subsidiary. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantees on behalf of the Guarantors. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (CGG), Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.)

Execution and Delivery of Note Guarantee. To evidence its the Note Guarantee set forth in Section 10.01 12.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as of Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 12.01 hereof will shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsedNote, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 5.18 hereof, the Issuers Company and the Guarantors will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 5.18 hereof and this Article 1012, to the extent applicable.

Appears in 4 contracts

Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E B hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Supplemental Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Supplemental Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Supplemental Indenture on behalf of the Guarantors. In the event that (a) the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Supplemental Indenture or (b) any Subsidiary of Parent (other than the Company) Guarantees any Credit Facility of the Company after the date of this Supplemental Indenture, if required by Section 4.18 4.17 hereof, the Issuers Company or Parent, as applicable will cause such Domestic Restricted Subsidiary or Subsidiary of Parent to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 4 contracts

Samples: Fifth Supplemental Indenture (Metropcs Communications Inc), Sixth Supplemental Indenture (Metropcs Communications Inc), Second Supplemental Indenture (Metropcs Communications Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 15.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E C hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 15.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ Restricted Subsidiaries Guarantor acquires or creates or acquires any Domestic another Subsidiary after the date of this Indenture, if required by Section 4.18 4.14 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.14 hereof and this Article 1015, to the extent applicable.

Appears in 3 contracts

Samples: First Supplemental Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.), Indenture (Digital Turbine, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E C hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 1011, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Nuverra Environmental Solutions, Inc.), Indenture (Nuverra Environmental Solutions, Inc.), Indenture (Nuverra Environmental Solutions, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 11.01 will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after the date of this IndentureIndenture that are guarantors or borrowers in respect of the Credit Agreement, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 1011, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Metaldyne Corp), Indenture (Trimas Corp), Indenture (Er Acquisition Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E B hereto will be endorsed by an Officer of such Guarantor by manual or facsimile signature on each Note authenticated and delivered by the Trustee in accordance with this Indenture and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.16 hereof, the Issuers will Company shall cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10XI, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E D hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Lonestar Resources US Inc.), Indenture (Isle of Capri Casinos Inc), Indenture (Isle of Capri Casinos Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as included in Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by its President or one of its OfficersVice Presidents. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 4.19 hereof, the Issuers will Company shall cause such Domestic Subsidiary Subsidiaries to comply execute supplemental indentures to this Indenture and Note Guarantees in accordance with the provisions of Section 4.18 4.19 hereof and this Article 10, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Amerisourcebergen Corp), Indenture (Gni Group Inc /De/), Indenture (Amerisourcebergen Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor of the Guarantors hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by one of its Officers. Each Guarantor of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers create or acquire any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 Sections 4.21 and 4.25 hereof, the Issuers will shall cause such Domestic Subsidiary to comply with the provisions of Section 4.18 Sections 4.21 and 4.25 hereof and this Article 1011, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Wynn Las Vegas LLC), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 4.19 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.19 hereof and this Article 1011, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Herbst Gaming Inc), Indenture (Angiotech Pharmaceuticals Inc), Indenture (Tercentenary Holdings, Corp.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Material Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Material Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 1011, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Unisys Corp), Indenture (Unisys Corp), Indenture (Unisys Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Subsidiary Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Subsidiary Guarantor by one of its Officers. Each Subsidiary Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 1011, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Hc2 Holdings, Inc.), Indenture (Hc2 Holdings, Inc.), Indenture (HC2 Holdings, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 13.1 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E B hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 13.1 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Pledged Entities or any of Targa Resources Partners’ their respective Domestic Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 7.10 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 7.10 hereof and this Article 1013, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Clearwire Corp), Indenture (Clearwire Corp), Indenture (Clearwire Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Sunoco LP’s Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 (“Note Guarantee”) hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed signed by an Officer of such Guarantor (by manual or facsimile signature) on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 (“Note Guarantee”) hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.13 (“Additional Note Guarantees”) hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.13 (“Additional Note Guarantees”) hereof and this Article 1011, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Vantage Drilling CO), Indenture (Vantage Drilling CO), Indenture (Vantage Drilling CO)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E F hereto will be endorsed by an Officer or a director of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its OfficersOfficers or directors. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer or director whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or The Company shall cause any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if so required by Section 4.18 hereof4.15, to execute a Supplemental Indenture in the Issuers will cause such Domestic Subsidiary form of Exhibit E to comply this Indenture and a notation of Note Guarantees in the form of Exhibit F to this Indenture in accordance with the provisions of Section 4.18 hereof 4.15 and this Article 10, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Liberty Global PLC), Indenture (Liberty Global PLC), Indenture (Liberty Global PLC)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted their Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.15 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.15 hereof and this Article 10X, to the extent applicable.

Appears in 3 contracts

Samples: First Supplemental Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp), Indenture (Peabody Energy Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 4.15 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.15 hereof and this Article 10X, to the extent applicable.

Appears in 2 contracts

Samples: First Supplemental Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10X, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (H&E Equipment Services, Inc.), Indenture (H&E Equipment Services, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as included in Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by one an Officer of its Officerssuch Guarantor. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Domestic Restricted Subsidiaries creates or acquires any another Domestic Restricted Subsidiary after subsequent to the date of this IndentureIndenture or any Unrestricted Subsidiary shall cease to be an Unrestricted Subsidiary and shall become a Domestic Restricted Subsidiary, if required by Section 4.18 4.17 hereof, the Issuers will Company shall cause such Domestic Subsidiary Subsidiaries to comply execute supplemental indentures to this Indenture and Note Guarantees in accordance with the provisions of Section 4.18 4.17 hereof and this Article 1011, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Holmes Products Corp), Indenture (Holmes Products Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E B hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Parent, the Company or any of Targa Resources Partners’ their Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Angiotech America, Inc.), Indenture (Angiotech Pharmaceuticals Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, Parent and each Subsidiary Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of Parent or such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of Parent or such Subsidiary Guarantor by one of its Officers. Each Parent and each Subsidiary Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. 103 The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of Parent and the Subsidiary Guarantors. In the event that any Subsidiary of Parent or other Person is required to become a Subsidiary Guarantor pursuant to Section 4.20, Parent and the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Issuer will cause such Domestic Subsidiary or other Person to comply with the provisions of Section 4.18 hereof 4.20 and this Article 10, to the extent applicable11.

Appears in 2 contracts

Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof12.1, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached hereto as Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee. Such notation of Note Guarantee shall be executed signed on behalf of such Guarantor by one an officer of its Officerssuch Guarantor (or, if an officer is not available, by a board member, director or member, as applicable) on behalf of such Guarantor by manual or facsimile signature. In case the Officer, board member or director or member of such Guarantor who shall have signed such notation of Note Guarantee shall cease to be such Officer, board member, director or member before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not ceased to be such officer, board member, director or member. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 12.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of the Guarantors. In The failure to endorse a Note Guarantee shall not affect or impair the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicablevalidity thereof.

Appears in 2 contracts

Samples: Indenture (Salem Media Group, Inc. /De/), Indenture (Salem Communications Corp /De/)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ the Company’s Restricted Subsidiaries creates that is not a Guarantor becomes a borrower or acquires guarantor under the Senior Credit Facility or Guarantees any Domestic Subsidiary after other Indebtedness of the date of this IndentureCompany, if required by Section 4.18 hereofwhich other Indebtedness exceeds $20.0 million in aggregate principal amount, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with Guarantee the Notes on a senior unsecured basis pursuant to the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E B hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.19 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.19 hereof and this Article 10, to the extent applicable. Neither the Company nor any Guarantor shall be required to make a notation on the Notes to reflect a Note Guarantee or any release, termination or discharge thereof.

Appears in 2 contracts

Samples: Seventh Supplemental Indenture (B&G Foods, Inc.), First Supplemental Indenture (B&G Foods, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 2.01 hereof, each the New Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto A to this Agreement will be endorsed by an Officer of such the New Guarantor or person authorized by a resolution of the Board of Directors of the New Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement will be executed on behalf of such the New Guarantor by one of its Officers. Each The New Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 2.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture Agreement or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates forms or acquires otherwise acquires, directly or indirectly, any Domestic Restricted Subsidiary after the date of this Indenturehereof, if required by Section 4.18 hereof4.20 of the Indenture, the Issuers Company will cause such Domestic Restricted Subsidiary to guarantee the Notes and to comply with the provisions of Section 4.18 hereof 4.20 of the Indenture and this Article 102, to the extent applicable.

Appears in 2 contracts

Samples: Supplemental Subsidiary Guarantee Agreement (Stats Chippac Ltd.), Supplemental Subsidiary Guarantee Agreement (Stats Chippac Ltd.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E E1 hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of the Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the applicable Note Guarantee set forth in this Indenture on behalf of the Guarantors. Neither the Issuers not any Guarantor shall be required to make a notation on the Notes to reflect any Note Guarantee or any such release, termination or discharge thereof. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries acquires or creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.17(a) hereof, the Issuers will Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17(a) hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Radio One, Inc.), Indenture (Radio One, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 14.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto B to the Third Supplemental Indenture will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 14.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Regency Energy Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10XIV, to the extent applicable.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer or a Director of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its OfficersOfficers or Directors. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer or a Director whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or The Company shall cause any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if so required by Section 4.18 hereof, 4.17 to execute a supplemental indenture in the Issuers will cause such Domestic Subsidiary form of Exhibit F to comply this Indenture and a notation of Note Guarantees in the form of Exhibit E to this Indenture in accordance with the provisions of Section 4.18 hereof 4.17 and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any domestic Subsidiary of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after Parent (existing on the date of this IndentureIndenture or acquired or created thereafter) becomes a guarantor or a direct obligor with respect to Indebtedness under the Credit Agreement, if required by Section 4.18 4.17 hereof, the Issuers Parent will cause such Domestic domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (United Air Lines Inc), Indenture (United Air Lines Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture or a notation of such Note Guarantee supplemental indenture substantially in the form attached as Exhibit E D hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Issuer or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this IndentureAcquisition Closing Date, if required by Section 4.18 4.16 hereof, the Issuers Issuer will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable. Neither the Issuer nor any Guarantor shall be required to make a notation on the Notes to reflect a Note Guarantee or any release, termination or discharge thereof.

Appears in 2 contracts

Samples: Indenture (Ingram Micro Holding Corp), Indenture (Ingram Micro Holding Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as included in Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by its President or one of its OfficersVice Presidents. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 hereof, the Issuers will Company shall cause such Domestic Subsidiary Subsidiaries to comply execute supplemental indentures to this Indenture and Note Guarantees in accordance with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (Amkor International Holdings, LLC)

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Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof12.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 12.01 will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 hereof, the Issuers will Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 1012, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Indenture, or a supplement thereto, will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a such notation of its Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this IndentureIndenture that incurs Indebtedness under a Credit Facility, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (RSP Permian, Inc.), Indenture (Callon Petroleum Co)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture or a supplemental indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the a notation of Note Guarantee no longer holds that office at the time the Trustee or authenticating agent authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture herein on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenturehereof, if required by Section 4.18 4.15 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.15 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Viper Energy Partners LP), Indenture (Viper Energy Partners LP)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture or a supplemental indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the a notation of Note Guarantee no longer holds that office at the time the Trustee or authenticating agent authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture herein on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenturehereof, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Wholly-Owned Restricted Subsidiary after the date of this IndentureIndenture or if any of the Company’s Restricted Subsidiaries that is not a Guarantor guarantees any Indebtedness under the Term Loan Facility, if required by Section 4.18 4.19 hereof, the Issuers Company will cause such Domestic Wholly-Owned Restricted Subsidiary or Restricted Subsidiary, as applicable, to comply with the provisions of Section 4.18 4.19 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (AbitibiBowater Inc.), Indenture (AbitibiBowater Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E B hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Supplemental Indenture (Cca Properties of America LLC), Supplemental Indenture (Corrections Corp of America)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each initial Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be has been executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding the absence of the endorsement of any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsedNote, the Note Guarantee will be valid nevertheless. The Upon execution of a supplemental indenture to this Indenture by a new Guarantor substantially in the form attached as Exhibit E hereto, the Note Guarantee of such Guarantor set forth in this Indenture shall be deemed duly delivered, without any further action by any Person, on behalf of such Guarantor. Following the Issue Date, the delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture or any supplemental indenture on behalf of the GuarantorsGuarantors who are signatories thereto. In the event that the Issuers Issuer or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Wholly Owned Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.16 hereof, the Issuers Issuer will cause such Wholly Owned Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture or a supplemental indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture herein on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenturehereof, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Bonanza Creek Energy, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof12.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as included in Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by its President or one of its OfficersVice Presidents. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 4.21 hereof, the Issuers will Company shall cause such Domestic Subsidiary Subsidiaries to comply execute supplemental Indentures to this Indenture and Note Guarantees in accordance with the provisions of Section 4.18 4.21 hereof and this Article 1012, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 1011, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by the manual or facsimile signature of an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Wholly Owned Restricted Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable. Neither the Company nor any Guarantor shall be required to make a notation on the Notes to reflect a Note Guarantee or any release, termination or discharge thereof.

Appears in 2 contracts

Samples: Indenture (Adient PLC), Indenture (Adient PLC)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof12.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 12.01 will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 4.20 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.20 hereof and this Article 1012, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Ap Holdings Inc), Indenture (Apcoa Standard Parking Inc /De/)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.24 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.24 hereof and this Article 1011, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Real Mex Restaurants, Inc.), Indenture (Advanced Audio Concepts, LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture or a notation of such Note Guarantee supplemental indenture in substantially in the form attached hereto as Exhibit E hereto will be endorsed executed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officersmanual or facsimile signature. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse the absence of an endorsement on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee supplemental indenture, as applicable, no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsedNote, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers either Issuer or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.15 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.15 hereof and this Article 10X, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each initial Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be has been executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding the absence of the endorsement of any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsedNote, the Note Guarantee will be valid nevertheless. The Upon execution of a supplemental indenture to this Indenture by a new Guarantor substantially in the form attached as Exhibit E hereto, the Note Guarantee of such Guarantor set forth in this Indenture shall be deemed duly delivered, without any further action by any Person, on behalf of such Guarantor. Following the Issue Date, the delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture or any supplemental indenture on behalf of the GuarantorsGuarantors who are signatories thereto. In the event that the Issuers Issuer or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Wholly Owned Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.16 hereof, the Issuers Issuer will cause such Wholly Owned Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 1011, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will (or a supplemental indenture pursuant to Section 4.16 hereof) shall be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture (or on the notation of Note Guarantee a supplemental indenture pursuant to Section 4.16 hereof) no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsedNote, the Note Guarantee in respect of such Note will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10. Neither the Company nor any Guarantor shall be required to make a notation on the Notes to reflect a Note Guarantee issued after the date such Notes are executed and authenticated or any release, to the extent applicabletermination or discharge thereof.

Appears in 2 contracts

Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as included in Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by its President or one of its OfficersVice Presidents. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 4.21 hereof, the Issuers will Company shall cause such Domestic Subsidiary Subsidiaries to comply execute supplemental Indentures to this Indenture and Note Guarantees in accordance with the provisions of Section 4.18 4.21 hereof and this Article 1011, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer or a Director of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its OfficersOfficers or Directors. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer or a Director whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or The Issuer shall cause any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if so required by Section 4.18 hereof, 4.17 to execute a supplemental indenture in the Issuers will cause such Domestic Subsidiary form of Exhibit F to comply this Indenture and a notation of Note Guarantees in the form of Exhibit E to this Indenture in accordance with the provisions of Section 4.18 hereof 4.17 and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 10.1 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a such notation of its Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Exterran Partners, L.P.), Indenture (Exterran Partners, L.P.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that any of the Issuers Company’s Restricted Subsidiaries that is not a Guarantor and that guarantees any Indebtedness of the Company, on the Issue Date or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenturetime thereafter, if required by Section 4.18 hereofwhich such Indebtedness exceeds $20.0 million in aggregate principal amount, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with Guarantee the Notes on a senior unsecured basis pursuant to the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Coeur Mining, Inc.), Indenture (Coeur Mining, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Issuer or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 4.15 hereof, the Issuers Issuer will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.15 hereof and this Article 1011, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Nathans Famous Inc), Indenture (Nathans Famous Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this IndentureIndenture and Investments in that Restricted Subsidiary exceed the amount described in clause (1) of the definition of "Permitted Investments", if required by Section 4.18 4.20 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.20 hereof and this Article 1011, to the extent applicable. For the avoidance of doubt, this Article 11 shall apply to each of the Acquired Subsidiaries, and the Company shall, and shall cause each such Acquired Subsidiary to, comply with Section 4.20 and this Article 11 on the Acquisition Date.

Appears in 2 contracts

Samples: Indenture (American Real Estate Partners L P), Indenture (Stratosphere Leasing, LLC)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Xxxxx Energy Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 14.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto B to the First Supplemental Indenture will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 14.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Regency Energy Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10XIV, to the extent applicable.

Appears in 2 contracts

Samples: First Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Viasystems Group Inc), Indenture (Viasystems Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its OfficersOfficers by manual or facsimile signature. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Solera or any of Targa Resources Partners’ Restricted its Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.07 hereof, the Issuers Solera will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.07 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Solera Holdings, Inc), Indenture (Solera Holdings, Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof4.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E Schedule C hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 4.01 will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that any of the Issuers Company’s Subsidiaries that is not a Guarantor becomes a guarantor under the Existing Senior Credit Facilities or guarantees the New Senior Credit Facilities or any other Indebtedness of Targa Resources Partners’ Restricted Subsidiaries creates the Company, which other Indebtedness constitutes indebtedness for borrowed money or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereofotherwise exceeds $20,000,000 in aggregate principal amount, the Issuers Company will cause such Domestic Subsidiary to comply with Guarantee the Notes on a senior unsecured basis pursuant to the provisions of Section 4.18 hereof 4.01 and this Article 10Four, to the extent applicable.

Appears in 2 contracts

Samples: Supplemental Indenture (Tiffany & Co), Supplemental Indenture (Tiffany & Co)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 2.01 hereof, each the New Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto A to this Agreement will be endorsed by an Officer of such the New Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement will be executed on behalf of such the New Guarantor by one of its Officers. Each The New Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 2.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture Agreement or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates forms or acquires otherwise acquires, directly or indirectly, any Domestic Restricted Subsidiary after the date of this Indenturehereof, if required by Section 4.18 hereof4.20 of the Indenture, the Issuers Company will cause such Domestic Restricted Subsidiary to guarantee the Notes and to comply with the provisions of Section 4.18 hereof 4.20 of the Indenture and this Article 102, to the extent applicable.

Appears in 2 contracts

Samples: Supplemental Subsidiary Guarantee Agreement (Stats Chippac Ltd.), Supplemental Subsidiary Guarantee Agreement (Stats Chippac Ltd.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each U.S. Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such U.S. Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such U.S. Guarantor by one of its Officers. Each U.S. Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the U.S. Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Johnstone Tank Trucking Ltd.), Indenture (Johnstone Tank Trucking Ltd.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Eldorado or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Eldorado will cause such Domestic Restricted Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E D hereto will be endorsed by an Officer or a Director of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its OfficersOfficers or directors. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 11.01 will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer or director whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or Wind shall cause any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if so required by Section 4.18 hereof4.18, to execute a Supplemental Indenture in the Issuers will cause such Domestic Subsidiary form of Exhibit E to comply this Indenture and a notation of Note Guarantees in the form of Exhibit D to this Indenture in accordance with the provisions of Section 4.18 hereof and this Article 10, to the extent applicable11.

Appears in 2 contracts

Samples: Indenture (VimpelCom Ltd.), Indenture (VimpelCom Ltd.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 11.01 hereof, Parent and each Subsidiary Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of Parent or such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of Parent or such Subsidiary Guarantor by one of its Officers. Each Parent and each Subsidiary Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. 104 The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of Parent and the Subsidiary Guarantors. In the event that any Subsidiary of Parent or other Person is required to become a Subsidiary Guarantor pursuant to Section 4.20, Parent and the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers Issuer will cause such Domestic Subsidiary or other Person to comply with the provisions of Section 4.18 hereof 4.20 and this Article 10, to the extent applicable11.

Appears in 2 contracts

Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as included in Exhibit E hereto will shall be endorsed by an 68 75 Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by its President or one of its OfficersVice Presidents. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary after new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 4.24 hereof, the Issuers will Company shall cause such Domestic Subsidiary Subsidiaries to comply execute supplemental indentures to this Indenture and Note Guarantees in accordance with the provisions of Section 4.18 4.24 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Hercules Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 12.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 12.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this IndentureOctober 15, 2010, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 1012, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Handy & Harman Ltd.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 2.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto A to this Agreement will be endorsed by an Officer of such Guarantor or person authorized by a resolution of the Board of Directors of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 2.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture Agreement or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates forms or acquires otherwise acquires, directly or indirectly, any Domestic Restricted Subsidiary after the date of this Indenturehereof, if required by Section 4.18 hereof4.20 of the Indenture, the Issuers Company will cause such Domestic Restricted Subsidiary to guarantee the Notes and to comply with the provisions of Section 4.18 hereof 4.20 of the Indenture and this Article 102, to the extent applicable.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Stats Chippac Ltd.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this IndentureIssue Date, if required by Section 4.18 4.16 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.16 hereof and this Article 10, to the extent applicable. Neither the Company nor any Guarantor shall be required to make a notation on the Notes to reflect a Note Guarantee or any release, termination or discharge thereof.

Appears in 1 contract

Samples: Indenture (Acadia Healthcare Company, Inc.)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 11.01 will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries Company creates or acquires any Domestic Subsidiary (other than a Receivables Subsidiary) after the date of this Indenture, if required by Section 4.18 4.20 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.20 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Jondex Corp)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Issuers Company or any of Targa Resources Partners’ its Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 4.17 hereof, the Issuers Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 4.17 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Samples: Indenture (Memc Electronic Materials Inc)

Execution and Delivery of Note Guarantee. To evidence its Note Guarantee set forth in Section 10.01 hereof10.1, each Guarantor hereby on the Issue Date agrees that a notation of such Note Guarantee substantially in the form attached hereto as Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee. Such notation of Note Guarantee shall be executed signed on behalf of such Guarantor by one an officer of its Officerssuch Guarantor (or, if an officer is not available, by a board member or director) on behalf of such Guarantor by manual or facsimile signature. In case the officer, board member or director of such Guarantor who shall have signed such notation of Note Guarantee shall cease to be such officer, board member or director before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not ceased to be such officer, board member or director. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof will 10.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer whose signature is on this Indenture or on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a notation of Note Guarantee is endorsed, the Note Guarantee will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of the Guarantors. In The failure to endorse a Note Guarantee shall not affect or impair the event that the Issuers or any of Targa Resources Partners’ Restricted Subsidiaries creates or acquires any Domestic Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Issuers will cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 10, to the extent applicablevalidity thereof.

Appears in 1 contract

Samples: Indenture (Mantech International Corp)

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