Execution and Delivery of Note Guarantee. To evidence the Note Guarantee set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such Guarantor. Each Guarantor agrees that the Note Guarantee set forth in this Article 15 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 16 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 10 contracts
Samples: Indenture (Titan International Inc), Indenture (Titan International Inc), Indenture (Huntsman International LLC)
Execution and Delivery of Note Guarantee. To further evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in of Exhibit E hereto C hereto, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one Officer or other person duly authorized by all necessary corporate action of such Guarantor who shall have been duly authorized to so execute by an officer all requisite corporate action. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsedendorsed or at any time thereafter, the such Guarantor’s Note Guarantee of such Note shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 10 contracts
Samples: Indenture (Davita Healthcare Partners Inc.), Indenture (Physicians Choice Dialysis, LLC), Indenture (Davita Healthcare Partners Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 9 contracts
Samples: Indenture (Icahn Enterprises Holdings L.P.), Indenture (Tronox LTD), Indenture (Icahn Enterprises Holdings L.P.)
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the such Note on which the or at any time thereafter, such Guarantor's Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 8 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (McRaes Stores Partnership)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that this Indenture or, if applicable, a notation of the Guarantee substantially Supplemental Indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture E, shall be executed on behalf of such Guarantor by an officer Officer of such Guarantor. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee this Indenture no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsedNote, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 7 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.), Indenture (TerraForm Power, Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor of the Guarantors hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 7 contracts
Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 6 contracts
Samples: Indenture (Wci Communities Inc), Indenture (Florida Lifestyle Management Co), Indenture (Communications & Power Industries Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that this Indenture (or a notation of the Guarantee substantially supplemental indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture D hereto) shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 6 contracts
Samples: Indenture (Tronox Holdings PLC), Indenture (Tronox Holdings PLC), Indenture (Tronox LTD)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 5 contracts
Samples: First Supplemental Indenture (Metricom Finance Inc), Indenture (Shreveport Capital Corp), Indenture (HWCC Shreveport Inc)
Execution and Delivery of Note Guarantee. To evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee substantially this Indenture (or supplemental indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture J hereto) shall be executed on behalf by either manual, facsimile or electronic (including “.pdf”) signature of such Guarantor by an officer Officer of such Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Guarantee on the Note GuaranteeNotes. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture (or a notation supplemental indenture in the form of Note Guarantee Exhibit J hereto) no longer holds that office at the time the Trustee authenticates the Note, such Guarantor’s Guarantee of such Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 5 contracts
Samples: Indenture (Mueller Water Products, Inc.), Indenture (Cooper-Standard Holdings Inc.), Indenture (Mueller Water Products, Inc.)
Execution and Delivery of Note Guarantee. (a) To evidence the Note Guarantee set forth in Section 15.01 5.1 hereof, each the Guarantor agrees that a notation Notation of the Guarantee substantially in the form included in Exhibit E B hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this First Supplemental Indenture shall be executed on behalf of such the Guarantor by an officer Officer of such the Guarantor. Each .
(b) The Guarantor agrees that the Note Guarantee set forth in this Article 15 V shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. .
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this First Supplemental Indenture on behalf of each the Guarantor.
Appears in 4 contracts
Samples: Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.)
Execution and Delivery of Note Guarantee. (a) To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor by manual or facsimile signature on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantor. its Officers.
(b) Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. .
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
(e) If required by Section 4.18, the Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture and Note Guarantees in accordance with Section 4.18 and this Article Ten, to the extent applicable.
Appears in 4 contracts
Samples: Indenture (Cablevision Systems Corp /Ny), Indenture (Cablevision Systems Corp /Ny), Indenture (Rainbow Media Enterprises, Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 3 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource-MBS, LLC), Indenture (Builders FirstSource, Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such notation of its Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 3 contracts
Samples: Indenture (Kodiak Gas Services, Inc.), Indenture (Archrock, Inc.), Indenture (Archrock Partners, L.P.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.1, each Subsidiary Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto of EXHIBIT D shall be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor Subsidiary Guarantor, by manual or facsimile signature, by an officer Officer of such Subsidiary Guarantor. Each Subsidiary Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 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 the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 3 contracts
Samples: Supplemental Indenture (Century Parking Inc), Supplemental Indenture (Apcoa Inc), Indenture (Standard Parking Ii LLC)
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof1301, each Subsidiary Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto B of this Indenture, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of such each Subsidiary Guarantor by its Chairman, any Vice Chairman, its President, a Vice President or an officer Assistant Vice President and attested by its Secretary or Assistant Secretary, and shall have been duly authorized by all requisite corporate action. Such signature may be in facsimile form. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Subsidiary Guarantor hereby agrees that the its respective Note Guarantee set forth in this Article 15 Section 1301 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Note Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 3 contracts
Samples: Indenture (Burke Industries Inc /Ca/), Indenture (Burke Flooring Products Inc), Indenture (Burke Industries Inc /Ca/)
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof1201, each Subsidiary Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto B of this Indenture, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of such each Subsidiary Guarantor by an officer its Chairman, any Vice Chairman, its President or a Vice President and attested by its Secretary or Assistant Secretary, and shall have been duly authorized by all requisite corporate action. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Subsidiary Guarantor hereby agrees that the its respective Note Guarantee set forth in this Article 15 Section 1201 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 3 contracts
Samples: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)
Execution and Delivery of Note Guarantee. (a) To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor by manual or facsimile signature on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantor. its Officers.
(b) Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 2 contracts
Samples: Indenture (Ames True Temper, Inc.), Indenture (Ames True Temper, Inc.)
Execution and Delivery of Note Guarantee. (a) To evidence the Note Guarantee set forth in Section 15.01 5.1 hereof, each the Guarantor agrees that a notation Notation of the Guarantee substantially in the form included in Exhibit E B hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Third Supplemental Indenture shall be executed on behalf of such the Guarantor by an officer Officer of such the Guarantor. Each .
(b) The Guarantor agrees that the Note Guarantee set forth in this Article 15 V shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. .
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Third Supplemental Indenture on behalf of each the Guarantor.
Appears in 2 contracts
Samples: Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Taylor Morrison Home Corp), Indenture (Taylor Morrison Home Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in of Exhibit E hereto D shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor the Guarantor, by manual or facsimile signature, by an officer Officer of such the Guarantor. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 2 contracts
Samples: Indenture (Musicland Stores Corp), Indenture (Musicland Group Inc /De)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation Notation of the Guarantee substantially in the form included in attached as Exhibit E A hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation Notation of the Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (T-Mobile US, Inc.), Indenture (Metropcs Communications Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Valimar Home & Land Company, LLC), Indenture (Wci Communities Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)
Execution and Delivery of Note Guarantee. To evidence The Note Guarantees shall be evidenced by the execution and delivery of this Indenture or a supplement to this Indenture and no notation of any Note Guarantee need be endorsed on any Note. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such Guarantor. Each Guarantor agrees that the Note Guarantee set forth in this Article 15 13.01 shall remain in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Note Guarantee on the Note GuaranteeNotes. If an officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee supplemental indenture to this Indenture, as applicable, no longer holds that office at the time the Trustee authenticates the Note on which the or at any time thereafter, such Guarantor’s Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 2 contracts
Samples: Indenture (Cable One, Inc.), Indenture (Cable One, Inc.)
Execution and Delivery of Note Guarantee. (a) To evidence the Note Guarantee set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such Guarantor. Each Guarantor agrees that the its Note Guarantee set forth in this Article 15 Section 10.01, the Issuer shall cause any Restricted Subsidiary that becomes a Guarantor after the Issue Date to do so by executing a supplemental indenture substantially in the form of Exhibit E to this Indenture and a notation of Note Guarantee substantially in the form of Exhibit D to this Indenture.
(b) Each Guarantor hereby agrees that its Note Guarantee will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note or a notation of the Note Guarantee no longer holds that office at the time the Trustee or Authentication Agent authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. .
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 2 contracts
Samples: 2019 Notes Indenture (North Atlantic Drilling Ltd.), 2019 Notes Indenture (North Atlantic Drilling Ltd.)
Execution and Delivery of Note Guarantee. To evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee substantially this Indenture (or supplemental indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture H hereto) shall be executed on behalf by either manual, facsimile or electronic (including “.pdf”) signature of such Guarantor by an officer Officer of such Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Guarantee on the Note GuaranteeNotes. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture (or a notation supplemental indenture in the form of Note Guarantee Exhibit H hereto) no longer holds that office at the time the Trustee authenticates the Note, such Guarantor’s Guarantee of such Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 2 contracts
Samples: Indenture (Cooper-Standard Holdings Inc.), Indenture (Cooper-Standard Holdings Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a on the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a notation of Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Sunoco LP), Indenture (Sunoco LP)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 12.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer An Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorof the Guarantors.
Appears in 2 contracts
Samples: Indenture (Protalix BioTherapeutics, Inc.), Indenture (Protalix BioTherapeutics, Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E attached hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Hexacomb CORP), Indenture (Hexacomb CORP)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto C shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Agreement or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Subsidiary Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E B hereto shall will be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this the Indenture shall will be executed on behalf of such Subsidiary Guarantor by an officer one of such Guarantorits Officers. Each Subsidiary Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note the Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this the Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Agreement or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Amended and Restated Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee on the date of this Indenture and that this Indenture shall Indenture, or a supplement thereto, will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such notation of its Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Comstock Resources Inc), Indenture (Berry Petroleum Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E F hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 2 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (H-L Distribution Service, LLC)
Execution and Delivery of Note Guarantee. (a) To evidence the each Subsidiary Guarantor's Note Guarantee set forth in Section 15.01 hereofthis Article 10, each Subsidiary Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed placed on each Note authenticated and delivered by the Trustee and that this Notes Trustee.
(b) This Indenture shall be executed on behalf of such each Subsidiary Guarantor, and an Officer of each Subsidiary Guarantor by an officer of such Guarantor. Each Guarantor agrees that shall sign the Note Guarantee set forth in this Article 15 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note GuaranteeGuarantee on the Notes by manual or facsimile signature. If an officer Officer whose facsimile signature is on a Note this Indenture or a the notation of Note Guarantee no longer holds that office at the time the Notes Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. Each Subsidiary Guarantor hereby agrees that the Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of the Note Guarantee.
(c) The delivery of any Note by the Notes Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Subsidiary Guarantor.
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Watermark Realty Inc)
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof1301, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto B of this Indenture, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed by manual or facsimile signature on behalf of such each Guarantor by an officer its Chairman, any Vice Chairman, its President or a Vice President and attested by its Secretary or Assistant Secretary, and shall have been duly authorized by all requisite corporate action. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. 91 Each Guarantor hereby agrees that the its respective Note Guarantee set forth in this Article 15 Section 1301 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 12.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee in substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer Officer of such GuarantorGuarantor thereunto authorized. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Ubiquitel Inc)
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof12.1, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 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 the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the such Note on which the or at any time thereafter, such Guarantor’s Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 1 contract
Samples: Indenture (Saks Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 12.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee in substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer Officer of such GuarantorGuarantor thereunto authorized. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.1 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Horizon PCS Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Eleventh Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Eleventh Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Eleventh Supplemental Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Eleventh Supplemental Indenture (Tenet Healthcare Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirty-Seventh Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirty-Seventh Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirty-Seventh Supplemental Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on this Indenture or on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Great Wolf Resorts, Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.1, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto F shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such the Guarantor by an officer of such GuarantorOfficer. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 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 the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirty-Third Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirty-Third Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirty-Third Supplemental Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence The Note Guarantees shall be evidenced by the execution and delivery of this Indenture or a supplement to this Indenture and no notation of any Note Guarantee need be endorsed on any Note. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such Guarantor. Each Guarantor agrees that the Note Guarantee set forth in this Article 15 14.01 shall remain in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Note Guarantee on the Note GuaranteeNotes. If an officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee supplemental indenture to this Indenture, as applicable, no longer holds that office at the time the Trustee authenticates the Note on which the or at any time thereafter, such Guarantor’s Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Indenture (Xerox Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Twentieth Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Twentieth Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Twentieth Supplemental Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Twentieth Supplemental Indenture (Tenet Healthcare Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E B hereto shall be endorsed by an officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01, shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer or Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Subsidiary Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (APW Supermarkets, Inc.)
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the such Note on which the or at any time thereafter, such Guarantor’s Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 1 contract
Samples: Indenture (Saks Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01 hereof with respect to each series of Notes, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note of such series authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such the Guarantor by an officer one of such Guarantorits Officers. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Indenture (United Airlines, Inc.)
Execution and Delivery of Note Guarantee. (a) To evidence the each Guarantor's Note Guarantee set forth in Section 15.01 hereofthis Article 10, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed placed on each Note authenticated and delivered by the Trustee and that this Trustee.
(b) This Indenture shall be executed on behalf of such each Guarantor, and an Officer of each Guarantor by an officer of such Guarantor. Each Guarantor agrees that shall sign the Note Guarantee set forth in this Article 15 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note GuaranteeGuarantee on the Notes by manual or facsimile signature. If an officer Officer whose facsimile signature is on a Note this Indenture or a the notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. Each Guarantor hereby agrees that the Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of the Note Guarantee.
(c) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Agreement or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Epmr Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Subsidiary Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Subsidiary Guarantor by an officer one of such Guarantorits Officers. Each Subsidiary Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 1 contract
Samples: Indenture (Hanesbrands Inc.)
Execution and Delivery of Note Guarantee. (a) To evidence the Note Guarantee set forth in Section 15.01 5.1 hereof, each the Guarantor agrees that a notation Notation of the Guarantee substantially in the form included in Exhibit E B hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Second Supplemental Indenture shall be executed on behalf of such the Guarantor by an officer Officer of such the Guarantor. Each .
(b) The Guarantor agrees that the Note Guarantee set forth in this Article 15 V shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. .
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Second Supplemental Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Supplemental Indenture (Hudson Pacific Properties, L.P.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit of EXHIBIT E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor Guarantor, by manual or facsimile signature, by an officer Officer of such Guarantor. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof13.1, each Guarantor agrees that a notation of the such Note Guarantee substantially in the form included in annexed hereto as Exhibit E hereto B shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by two Officers or an officer of such GuarantorOfficer and an Assistant Secretary by manual or facsimile signature. Each Guarantor agrees that the its Note Guarantee set forth in this Article 15 Section 13.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsed, the such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.
Appears in 1 contract
Samples: Indenture (Astor Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E B hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 12.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer An Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid valid, nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorof the Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.1, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto C shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 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 the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Tango of Arundel, Inc.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the Note Guarantee Guarantees set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the applicable Guarantee substantially in the form included in Exhibit E D hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such Guarantor or an officer of the entity executing the same on behalf of such Guarantor. Each Guarantor agrees that the its Note Guarantee Guarantees set forth in this Article 15 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsed, the such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. [[5471418]] The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. (a) To evidence the Note Guarantee set forth in Section 15.01 5.1 hereof, each the Guarantor agrees that a notation Notation of the Guarantee substantially in the form included in Exhibit E C hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Second Supplemental Indenture shall be executed on behalf of such the Guarantor by an officer Officer of such the Guarantor. Each .
(b) The Guarantor agrees that the Note Guarantee set forth in this Article 15 V shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. .
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Second Supplemental Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Supplemental Indenture (Digital Realty Trust, L.P.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit EXHIBIT E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Agreement or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Transmontaigne Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E D attached hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Rayovac Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto F shall be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this a Supplemental Indenture shall be executed on behalf of such Subsidiary Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor agrees that the The Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note the Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 1 contract
Samples: Indenture (Aki Holding Corp)
Execution and Delivery of Note Guarantee. (a) To evidence the Note Guarantee set forth in Section 15.01 5.1 hereof, each the Guarantor agrees that a notation Notation of the Guarantee substantially in the form included in Exhibit E B hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Fourth Supplemental Indenture shall be executed on behalf of such the Guarantor by an officer Officer of such the Guarantor. Each .
(b) The Guarantor agrees that the Note Guarantee set forth in this Article 15 V shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. .
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Fourth Supplemental Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Supplemental Indenture (Digital Realty Trust, L.P.)
Execution and Delivery of Note Guarantee. (a) To evidence the Note Guarantee set forth in Section 15.01 5.1 hereof, each the Guarantor agrees that a notation Notation of the Guarantee substantially in the form included in Exhibit E B hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Fifth Supplemental Indenture shall be executed on behalf of such the Guarantor by an officer Officer of such the Guarantor. Each .
(b) The Guarantor agrees that the Note Guarantee set forth in this Article 15 V shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. .
(c) If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. .
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Fifth Supplemental Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Supplemental Indenture (Digital Realty Trust, L.P.)
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in attached hereto as Exhibit E hereto H, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture such Note Guarantee shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.99
Appears in 1 contract
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto F hereto, shall be endorsed on each Note authenticated and delivered by the Trustee after this Article Ten with respect to such Guarantor becomes effective in accordance with Section 10.04 and that this Indenture such notation shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such the Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E B hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the Guarantee guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall (or a supplemental indenture to this Indenture) will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. The Note Guarantees may be executed by attachment to electronic mail in portable document format (PDF). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee Guarantee, if any, set forth in this Indenture on behalf of each Guarantor.
Appears in 1 contract
Samples: Indenture (ESAB Corp)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Subsidiary Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto of EXHIBIT D shall be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor Subsidiary Guarantor, by manual or facsimile signature, by an officer Officer of such Subsidiary Guarantor. Each Subsidiary Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirty-Fourth Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirty-Fourth Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirty-Fourth Supplemental Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto F shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Cpi Holdco Inc)
Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor Guar- antor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in attached hereto as Exhibit E hereto I, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture such Note Guarantee shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Of- ficer of such the each Guarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Sec- tion 10.01 shall remain be in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsedendorsed or at any time thereafter, the such Guarantor’s Guarantee of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunderhere- under, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Indenture (Wesco International Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor of the Guarantors hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Authorized Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Authorized Officers. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. If an officer Authorized Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (QGOG Constellation S.A.)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto B shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such the Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Premier Parks Inc)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation nota- tion of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall 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 shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery de- livery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.the Guarantors. -110-
Appears in 1 contract
Samples: Indenture (Adient PLC)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto of EXHIBIT D shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor the Guarantor, by manual or facsimile signature, by an officer Officer of such the Guarantor. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Indenture (Nebco Evans Holding Co)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 12.01 hereof, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.
Appears in 1 contract
Samples: Senior Indenture (Metricom Inc / De)
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirty-First Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirty-First Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirty-First Supplemental Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirtieth Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirtieth Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirtieth Supplemental Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E B attached hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (Spectrum Brands, Inc.)