Execution and Delivery of Security Guarantee. To evidence its Security Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as Exhibit B hereto will be endorsed by an Officer of such Guarantor on Securities authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on such Security a notation of such Security Guarantee. If an Officer whose signature is on this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a Security Guarantee is endorsed, the Security Guarantee will be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Parent or any Restricted Subsidiary creates or acquires any Wholly Owned Restricted Subsidiary (other than (i) a Subsidiary that has been designated an Unrestricted Subsidiary, and (ii) any Subsidiary that is a project-financed special purpose entity) after the date of this Indenture, if required by Section 4.13 hereof, the Company will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 hereof and this Article 10, to the extent applicable
Appears in 3 contracts
Samples: William Lyon Homes, William Lyon Homes, William Lyon Homes
Execution and Delivery of Security Guarantee. To evidence its Security Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as Exhibit B E hereto will be endorsed by manual or facsimile signature of an Officer of such Guarantor on Securities authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on such Security a notation of such Security Guarantee. If an Officer whose signature is on this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a Security Guarantee is endorsed, the Security Guarantee will be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that (1) any Restricted Subsidiary guarantees Indebtedness for borrowed money of the Parent Issuer or any Guarantor, or (2) the Issuer or any Restricted Subsidiary creates or acquires any Wholly Wholly-Owned Restricted Subsidiary (other than (i) a Subsidiary that has been designated an Unrestricted Immaterial Subsidiary, and (ii) any Subsidiary that is a project-financed special purpose entity) after the date of this Indenture, then, in each case if required by Section 4.13 4.12 hereof, the Company Issuer will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 4.12 hereof and this Article 10, to the extent applicable.
Appears in 3 contracts
Samples: Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.)
Execution and Delivery of Security Guarantee. To evidence its Security Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as Exhibit B hereto will be endorsed by an Officer of such Guarantor on Securities authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on such Security a notation of such Security Guarantee. If an Officer whose signature is on this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a Security Guarantee is endorsed, the Security Guarantee will be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Parent or any Restricted Subsidiary creates or acquires any Wholly Owned Restricted Subsidiary (other than (i) a Subsidiary that has been designated an Unrestricted Subsidiary, and (ii) any Subsidiary that is a project-financed special purpose entity) after the date of this Indenture, if required by Section 4.13 4.12 hereof, the Company will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 4.12 hereof and this Article 10, to the extent applicable
Appears in 1 contract
Samples: William Lyon Homes
Execution and Delivery of Security Guarantee. To further evidence its the Security Guarantee set forth in Section 10.01 hereof13.01, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as of Exhibit B E hereto will shall be endorsed by an Officer of such Guarantor on Securities each Security authenticated and delivered by the Trustee and that this Indenture will after the time such Guarantor is required to become a Guarantor hereunder, which notation shall be executed on behalf by either manual or facsimile signature of such Guarantor by one an Officer of its Officerseach Guarantor. Each Guarantor of the Guarantors hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will 13.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security authenticated and delivered by the Trustee after the time such Security Guarantor is required to become a Guarantor hereunder a notation of such Security Guarantee. If an Officer of a Guarantor whose signature is on a supplemental indenture or a notation of this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a such Security or at any time thereafter, such Guarantor's Security Guarantee is endorsed, the of such Security Guarantee will shall be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the any Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Parent or any Restricted Subsidiary creates or acquires any Wholly Owned Restricted Subsidiary (other than (i) a Subsidiary that has been designated an Unrestricted Subsidiary, and (ii) any Subsidiary that is a project-financed special purpose entity) after the date of this Indenture, if required by Section 4.13 hereof, the Company will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 hereof and this Article 10, to the extent applicableeach Guarantor.
Appears in 1 contract
Execution and Delivery of Security Guarantee. To evidence its Security Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as Exhibit B hereto will be endorsed by an Officer of such Guarantor on Securities authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on such Security a notation of such Security Guarantee. If an Officer whose signature is on this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a Security Guarantee is endorsed, the Security Guarantee will be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Parent Company or any Restricted Subsidiary creates or acquires any Wholly Owned Restricted Subsidiary (other than (i) a Subsidiary that has been designated an Unrestricted Subsidiary, and (ii) any Subsidiary that is a project-financed special purpose entity) after the date of this Indenture, if required by Section 4.13 4.12 hereof, the Company will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 4.12 hereof and this Article 10, to the extent applicable
Appears in 1 contract
Samples: New Home Co Inc.
Execution and Delivery of Security Guarantee. To evidence its Security Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as Exhibit B hereto will be endorsed by an Officer of such Guarantor on Securities authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on such Security a notation of such Security Guarantee. If an Officer whose signature is on this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a Security Guarantee is endorsed, the Security Guarantee will be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Parent or any Restricted Subsidiary creates or acquires any Wholly Owned Restricted Subsidiary (other than (i) a Subsidiary that has been designated an Unrestricted Subsidiary, and (ii) any Subsidiary that is a project-financed special purpose entity) after the date of this IndentureIssue Date, if required by Section 4.13 hereof, the Company will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 hereof and this Article 10, to the extent applicable
Appears in 1 contract
Execution and Delivery of Security Guarantee. To evidence its Security Guarantee set forth in Section 10.01 hereof, each Subsidiary Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as Exhibit B F hereto will be endorsed by manual or facsimile signature of an Officer of such Subsidiary Guarantor on Securities authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Subsidiary Guarantor by one of its Officers. Each Subsidiary Guarantor hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on such Security a notation of such Security Guarantee. If an Officer whose signature is on this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a Security Guarantee is endorsed, the Security Guarantee will be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Security Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. In the event that the Parent Issuer or any Restricted Subsidiary creates or acquires any Wholly Owned Restricted Subsidiary (other than a Subsidiary that (i) a Subsidiary that has been designated an Unrestricted Subsidiary, and (ii) any is an Immaterial Subsidiary that or (iii) is a project-financed special purpose entityMortgage Subsidiary) after the date of this Indenture, if required by Section 4.13 4.12 hereof, the Company Issuer will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 4.12 hereof and this Article 10, to the extent applicable.
Appears in 1 contract
Execution and Delivery of Security Guarantee. To -------------------------------------------- further evidence its the Security Guarantee set forth in Section 10.01 hereof13.01, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as of Exhibit B E hereto will shall be endorsed by an Officer of such Guarantor on Securities each Security authenticated and delivered by the Trustee and that this Indenture will after the time such Guarantor is required to become a Guarantor hereunder, which notation shall be executed on behalf by either manual or facsimile signature of such Guarantor by one an Officer of its Officerseach Guarantor. Each Guarantor of the Guarantors hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will 13.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security authenticated and delivered by the Trustee after the time such Security Guarantor is required to become a Guarantor hereunder a notation of such Security Guarantee. If an Officer of a Guarantor whose signature is on a supplemental indenture or a notation of this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a such Security or at any time thereafter, such Guarantor's Security Guarantee is endorsed, the of such Security Guarantee will shall be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the any Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Parent or any Restricted Subsidiary creates or acquires any Wholly Owned Restricted Subsidiary (other than (i) a Subsidiary that has been designated an Unrestricted Subsidiary, and (ii) any Subsidiary that is a project-financed special purpose entity) after the date of this Indenture, if required by Section 4.13 hereof, the Company will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 hereof and this Article 10, to the extent applicableeach Guarantor.
Appears in 1 contract
Samples: MTL Inc
Execution and Delivery of Security Guarantee. To evidence its Security Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as Exhibit B C hereto will be endorsed by an Officer of such Guarantor on Securities authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Security Guarantee set forth in Section 10.01 hereof will remain in full force and effect notwithstanding any failure to endorse on such Security a notation of such Security Guarantee. If an Officer whose signature is on this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities on which a Security Guarantee is endorsed, the Security Guarantee will be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that the Parent Company or any Restricted Subsidiary creates or acquires any Wholly Owned Restricted Subsidiary (other than (i) a Subsidiary that has been designated an Unrestricted Subsidiary, and (ii) any Subsidiary that is a project-financed special purpose entity) after the date of this IndentureIssue Date, if required by Section 4.13 4.12 hereof, the Company will cause such Wholly Owned Restricted Subsidiary to comply with the provisions of Section 4.13 4.12 hereof and this Article 10, to the extent applicable
Appears in 1 contract
Samples: Indenture (New Home Co Inc.)
Execution and Delivery of Security Guarantee. To evidence its Security Guarantee set forth in Section 10.01 hereof10.1, each Guarantor hereby agrees that a notation of such Security Guarantee substantially in the form attached as Exhibit B D hereto will be endorsed by manual or facsimile signature by an Officer of such Guarantor on Securities each Security authenticated and delivered by the Trustee and that this Indenture (or a supplemental indenture substantially in form of Exhibit E hereof) will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Security Guarantee set forth in Section 10.01 hereof 10.1 will remain in full force and effect notwithstanding any failure to endorse on such each Security a notation of such Security Guarantee. If an Officer whose facsimile signature is on this Indenture or on the Security Guarantee no longer holds that office at the time the Trustee authenticates the Securities Security on which a the Security Guarantee is endorsed, the Security Guarantee will be valid nevertheless. The delivery of any Global Security by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Security Guarantee set forth in this Indenture on behalf of the Guarantors. In the event that (i) the Parent Guarantor or any of its Restricted Subsidiary Subsidiaries acquires or creates or acquires any Wholly another Wholly-Owned Restricted Subsidiary (other than (ian Immaterial Subsidiary or a Foreign Subsidiary) a Subsidiary that has been designated an Unrestricted Subsidiaryon or after the Issue Date, and (ii) any Immaterial Subsidiary that is a project-financed special purpose entityno longer meets the definition of an Immaterial Subsidiary or (iii) after any other Restricted Subsidiary of the date Parent Guarantor (other than the Company, but including any Immaterial Subsidiary or any Foreign Subsidiary) Guarantees any other Indebtedness of this Indenture, if required by Section 4.13 hereofthe Company or any Guarantor, the Company will cause such Wholly Owned Restricted Subsidiary Parent Guarantor will, to the extent required, comply with the provisions of Section 4.13 hereof and this Article 10, to the extent applicable4.9 hereof.
Appears in 1 contract
Samples: Indenture (Cardtronics PLC)