Common use of EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY Clause in Contracts

EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY. (a) To evidence its Subsidiary Guaranty set forth in this Article 10, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guaranty in substantially the form included in Exhibit A shall be endorsed by the manual or facsimile signature of an Officer of such Subsidiary Guarantor on each Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Subsidiary Guarantor by the manual or facsimile signature of an Officer of the Subsidiary Guarantor. (b) Each Subsidiary Guarantor hereby agrees that its Subsidiary Guaranty set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Subsidiary Guaranty. (c) If an Officer whose signature is on this Indenture or on the notation of Subsidiary Guaranty no longer holds that office at the time the Trustee authenticates the Security on which a notation of Subsidiary Guaranty is endorsed, the Subsidiary Guaranty shall be valid nevertheless. (d) The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guaranty set forth in this Indenture on behalf of each Subsidiary Guarantor.

Appears in 3 contracts

Samples: Senior Indenture (TOUSA Investment #1, Inc.), Senior Subordinated Indenture (TOUSA Investment #1, Inc.), Subordinated Indenture (TOUSA Investment #1, Inc.)

AutoNDA by SimpleDocs

EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY. (a) To evidence its Subsidiary Guaranty set forth in this Article 10Section 17.01, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guaranty substantially in substantially the form included in Exhibit A E shall be endorsed by the manual or facsimile signature of an Officer of such Subsidiary Guarantor on each Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Subsidiary Guarantor by the manual or facsimile signature of an Officer of the Subsidiary GuarantorTrustee. (b) Each Subsidiary Guarantor hereby agrees that its Subsidiary Guaranty set forth in Section 10.01 hereof 17.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Subsidiary Guaranty. (c) If an Officer whose signature is on this Indenture or on the notation of Subsidiary Guaranty no longer holds that office at the time the Trustee authenticates the Security on which a notation of Subsidiary Guaranty is endorsed, the Subsidiary Guaranty shall be valid nevertheless. (d) The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guaranty set forth in this Indenture on behalf of each Subsidiary Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Indenture (Flag Telecom Holdings LTD), Indenture (Flag Telecom Holdings LTD)

EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY. (a) To evidence its Subsidiary Guaranty set forth in this Article 10, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guaranty in substantially the form included in Exhibit A E shall be endorsed by the manual or facsimile signature of an Officer of such Subsidiary Guarantor on each Security Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Subsidiary Guarantor by the manual or facsimile signature of an Officer of the Subsidiary Guarantor. (b) Each Subsidiary Guarantor hereby agrees that its Subsidiary Guaranty set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Subsidiary Guaranty. (c) If an Officer whose signature is on this Indenture or on the notation of Subsidiary Guaranty no longer holds that office at the time the Trustee authenticates the Security Note on which a notation of Subsidiary Guaranty is endorsed, the Subsidiary Guaranty shall be valid nevertheless. (d) The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guaranty set forth in this Indenture on behalf of each Subsidiary Guarantor.

Appears in 2 contracts

Samples: Indenture (Tousa Delaware Inc), Indenture (Technical Olympic Usa Inc)

EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY. (a) To evidence its Subsidiary Guaranty set forth in this Article 10, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guaranty in substantially the form included in Exhibit A E shall be endorsed by the manual or facsimile signature of an Officer of such Subsidiary Guarantor on each Security Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Subsidiary Guarantor by the manual or facsimile signature of an Officer of the Subsidiary Guarantor. (b) Each Subsidiary Guarantor hereby agrees that its Subsidiary Guaranty set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Subsidiary Guaranty. (c) If an Officer whose signature is on this Indenture or on the notation of Subsidiary Guaranty no longer holds that office at the time the Trustee authenticates the Security Note on which a notation of Subsidiary Guaranty is endorsed, the Subsidiary Guaranty shall be valid nevertheless.. 77 (d) The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guaranty set forth in this Indenture on behalf of each Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Greif Brothers Corp)

EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY. (a) To evidence its Subsidiary Guaranty set forth in this Article 10, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guaranty in substantially the form included in Exhibit A E shall be endorsed by the manual or facsimile signature of an Officer of such Subsidiary Guarantor on each Security Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Subsidiary Guarantor by the manual or facsimile signature of an Officer of the Subsidiary Guarantor. (b) Each Subsidiary Guarantor hereby agrees that its Subsidiary Guaranty set forth in Section 10.01 10.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Subsidiary Guaranty. (c) If an Officer whose signature is on this Indenture or on the notation of Subsidiary Guaranty no longer holds that office at the time the Trustee authenticates the Security Note on which a notation of Subsidiary Guaranty is endorsed, the Subsidiary Guaranty shall be valid nevertheless. (d) The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guaranty set forth in this Indenture on behalf of each Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Rent Way Inc)

AutoNDA by SimpleDocs

EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY. (a) To evidence its Subsidiary Guaranty set forth in this Article 10Section 10.01, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guaranty in substantially the form included in Exhibit A E attached hereto shall be endorsed by the manual or facsimile signature of an Officer of such Subsidiary Guarantor on each Security Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Subsidiary Guarantor by the manual its President or facsimile signature one of an Officer its Vice Presidents (or equivalent senior officer if such titles are not applicable). Such execution may be effected pursuant to a valid power of the Subsidiary Guarantor. (b) attorney. Each Subsidiary Guarantor hereby agrees that its Subsidiary Guaranty set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Subsidiary Guaranty. (c) . If an Officer whose signature is on this Indenture or on the notation of Subsidiary Guaranty no longer holds that office at the time the Trustee authenticates the Security Note on which a notation of Subsidiary Guaranty is endorsed, the Subsidiary Guaranty shall be valid nevertheless. (d) . The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guaranty set forth in this Indenture on behalf of the Subsidiary Guarantors. The Company hereby agrees that it shall cause each Person that becomes obligated to provide a Subsidiary Guaranty pursuant to Section 4.18 to execute a supplemental indenture in form and substance reasonably satisfactory to the Trustee, pursuant to which such Person provides the guarantee set forth in this Article 10 and otherwise assumes the obligations and accepts the rights of a Subsidiary Guarantor under this Indenture, in each case with the same effect and to the same extent as if such Person had been named herein as a Subsidiary Guarantor. The Company also hereby agrees to cause each such new Subsidiary Guarantor to evidence its guarantee by endorsing a notation of such guarantee on each Note as provided in this Section 10.03.

Appears in 1 contract

Samples: Indenture (Novelis Inc.)

EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY. (a) To evidence its Subsidiary Guaranty set forth in this Article 10Section 17.01, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guaranty substantially in substantially the form included in Exhibit A shall [E] may be endorsed by the manual or facsimile signature of an Officer of such Subsidiary Guarantor on each Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Subsidiary Guarantor by the manual or facsimile signature of an Officer of the Subsidiary GuarantorTrustee. (b) Each Subsidiary Guarantor hereby agrees that its Subsidiary Guaranty set forth in Section 10.01 hereof 17.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Subsidiary Guaranty. (c) If an Officer whose signature is on this Indenture or on the notation of Subsidiary Guaranty no longer holds that office at the time the Trustee authenticates the Security on which a notation of Subsidiary Guaranty is endorsed, the Subsidiary Guaranty shall be valid nevertheless. (d) The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guaranty set forth in this Indenture on behalf of each Subsidiary Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Flag Telecom Holdings LTD)

EXECUTION AND DELIVERY OF SUBSIDIARY GUARANTY. (a) To --------------------------------------------- further evidence its the Subsidiary Guaranty set forth in this Article 10Section 12.02, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guaranty Guaranty, substantially in substantially the form included in Exhibit A F of this Indenture, shall be endorsed on each Note authenticated and delivered by the Trustee after this Article Twelve with respect to such Subsidiary Guarantor becomes effective in accordance with Section 4.07 and such Subsidiary Guaranty shall be executed by either manual or facsimile signature of an Officer of such each Subsidiary Guarantor on each Security authenticated Guarantor. The validity and delivered enforceability of any Subsidiary Guaranty shall not be affected by the Trustee and fact that this Indenture shall be executed on behalf of such Subsidiary Guarantor by the manual or facsimile signature of an Officer it is not affixed to any particular Note. Each of the Subsidiary Guarantor. (b) Each Subsidiary Guarantor Guarantors hereby agrees that its Subsidiary Guaranty set forth in Section 10.01 hereof 12.02 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Subsidiary Guaranty. (c) . If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or on the notation of a Subsidiary Guaranty no longer holds that office at the time the a Trustee authenticates the Security Note on which a notation of such Subsidiary Guaranty is endorsedendorsed or at any time thereafter, the such Guarantor's Subsidiary Guaranty of such Note shall be valid nevertheless. (d) . The delivery of any Security Note by the a Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Subsidiary Guaranty set forth in this Indenture on behalf of each the Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Comple Tel Europe Nv)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!