Execution of Guarantee. To further evidence the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 9 contracts
Samples: Guarantee Agreement (Ibm International Group Capital LLC), Guarantee Agreement (International Business Machines Corp), Guarantee Agreement (Calpine Corp)
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article XI, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article XI shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 6 contracts
Samples: Indenture (Anchor Glass Container Corp /New), Dole Food Co Inc, Dole Food Company Inc
Execution of Guarantee. To further evidence the Guarantee to the Holders, the The Guarantor hereby agrees to execute a the Guarantee in substantially in the form of Exhibit A hereto, above recited to be endorsed on and made a part of each Security ordered Note. If the Issuer shall execute Physical Notes in accordance with Section 2.5, the Guarantor shall execute the Guarantee in substantially the form above recited to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse endorsed on each Security a Guaranteesuch Note. Each such Such Guarantee shall be signed executed on behalf of the Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf an Officer of the Guarantor. Such The signature upon of any of these officers on the Guarantee may be a manual or facsimile signature facsimile. In case any Officer of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer Guarantor who shall have signed the Guarantee endorsed on a Note shall cease to be such officer before the Security on which Guarantee is endorsed Note so signed shall have been be authenticated and delivered by the Trustee or disposed of by the CompanyTrustee, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the such Guarantee had not ceased to be such officer Officer of the Guarantor; and any Guarantee endorsed on a Note may be signed on behalf of the Guarantor by such persons as, at the actual date of the execution of such Guarantee, shall be the proper officers of the Guarantor, although at the date of the execution and delivery of this Supplemental Indenture any such person was not such an officer.
Appears in 6 contracts
Samples: Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD), Senior Indenture (Teva Pharmaceutical Industries LTD), Senior Indenture (Teva Pharmaceutical Industries LTD)
Execution of Guarantee. To further evidence the Guarantee to the Holders, the each Guarantor hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security Note on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 4 contracts
Samples: Registration Rights Agreement (Management Solutins Inc/), Tokheim Corp, Tokheim Corp
Execution of Guarantee. To further evidence the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee substantially in the form set forth in Section 204 of Exhibit A heretothis Indenture, to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 1301 of this Indenture shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which the Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 4 contracts
Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Brown Tom Inc /De
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article XI, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article XI shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuers, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 4 contracts
Samples: Indenture (Listerhill Total Maintenance Center LLC), Indenture (Oak Ridger LLC), Superior Essex Inc
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article XIII, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A heretoset forth in Section 2.4, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article XIII shall remain in full force and effect notwithstanding any the failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents duly authorized officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 3 contracts
Samples: Bally Total Fitness Holding Corp, Bally Franchise RSC Inc, Bally Franchise RSC Inc
Execution of Guarantee. To further evidence their Guarantees to the Holders set forth in this Article XI, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoB, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article XI shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer Officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer Officer who shall have signed the Guarantee shall cease to be such officer Officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuers, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer Officer of the Guarantor.
Appears in 3 contracts
Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders set forth in this Article X, the each Guarantor executing this Indenture or subsequently required to execute and deliver a Guarantee pursuant to Section 4.16 hereby agrees to execute a the Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 3 contracts
Samples: Indenture (Propex International Holdings II Inc.), North American (Griffiths Pile Driving Inc), Nacg Finance LLC
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article X, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article X shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 3 contracts
Samples: Indenture (Davis-Standard CORP), Indenture (Davis-Standard CORP), Town Sports International Inc
Execution of Guarantee. To further evidence the their Guarantee to the Holders, any Guarantor required to Guarantee the Guarantor hereby agrees Securities pursuant to Section 4.18 shall execute a the endorsement of Guarantee in substantially in the form of set forth in Exhibit A hereto, which endorsement shall be delivered to each Holder to be endorsed on and made a part of attached to each Security ordered to be authenticated and delivered by the TrusteeSecurity. The Each such Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 3 contracts
Samples: Indenture (United Auto Group Inc), Aep Industries Inc, United Auto Group Inc
Execution of Guarantee. To further evidence the its Guarantee to the HoldersHolders set forth in this Article 10, each Guarantor will execute the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached to this Indenture as Exhibit A heretoE, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its the Guarantee set forth in Section 2.01 this Article 10 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of the Guarantee. Each such The Guarantee shall be signed on behalf of the each Guarantor by its Chairman one Officer of the Boardsuch Guarantor (each of whom shall, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsedin each case, have been duly authorized by all requisite corporate actions), and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such the Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer Officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which the Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyAuthority, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer Officer of the such Guarantor.
Appears in 2 contracts
Samples: Mohegan Tribal Gaming Authority (Mohegan Tribal Gaming Authority), Mohegan Tribal Gaming Authority
Execution of Guarantee. To further evidence the Parent Guarantee and each Note Guarantee to the Holders, each of the Guarantor Guarantors hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security Note on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuers, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 2 contracts
Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC
Execution of Guarantee. To further evidence the Guarantee to the Holders, the The Guarantor hereby agrees to execute a the Guarantee in substantially in the form of Exhibit A hereto, above recited to be endorsed on and made each Note. If the Issuer shall execute Definitive Notes in accordance with Section 2.5, the Guarantor shall execute the Guarantee in substantially the form above recited to be endorsed on each Note. The Guarantee shall be executed on behalf of the Guarantor by an Officer of the Guarantor. The signature of any Officer on the Guarantee may be manual or facsimile. In case any Officer of the Guarantor who shall have signed the Guarantee endorsed on a part of each Security ordered Note shall cease to be such Officer before the Note so signed shall be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guarantee. Each , such Guarantee shall be signed on behalf of the Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the such Guarantee had not ceased to be such officer Officer of the Guarantor; and any Guarantee endorsed on a Note may be signed on behalf of the Guarantor by such persons as, at the actual date of the execution of such Guarantee, shall be the proper Officers of the Guarantor, although at the date of the execution and delivery of this Supplemental Indenture any such person was not such an Officer.
Appears in 2 contracts
Samples: Senior Indenture (Teva Pharmaceutical Industries LTD), Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD)
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article XI, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article XI shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 2 contracts
Samples: Covenants (Dole Food Co Inc), Dole Food Co Inc
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders set forth in this Article X, the each Guarantor hereby agrees to execute a the Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Guarantor Each Guarantor, upon the execution and delivery of a Guarantee pursuant to Section 4.16, hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf an Officer of the Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 2 contracts
Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)
Execution of Guarantee. To further evidence the Guarantee its guarantee to the Holders, each of the Guarantor Guarantors hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the such Guarantor.
Appears in 2 contracts
Samples: Indenture (Lin Television Corp), Lin Television Corp
Execution of Guarantee. To further evidence the their Guarantee to the Holders, any Guarantor required to Guarantee the Guarantor hereby agrees Securities pursuant to the terms of Section 4.19 shall execute a the Guarantee in substantially in the form of set forth in Exhibit A hereto, hereto to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each such Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its Chief Executive Officer, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 2 contracts
Samples: Indenture (Tekni Plex Inc), Tekni Plex Inc
Execution of Guarantee. To further evidence the its Guarantee to the Holdersholders specified in Section 13.1, the Guarantor hereby agrees to execute a the Guarantee in substantially in the form of Exhibit A hereto, set forth in Section 2.15 to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 13.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security a such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor Guarantor, by its Chairman of the BoardPresident, its President or one of its Vice Presidents Presidents, its Treasurer or its Secretary prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the due authentication thereof by the Trustee hereunder, shall constitute due delivery of such the Guarantee on behalf of the Guarantor. Such signature signatures upon the Guarantee may be a manual or facsimile signature signatures of any present, past or future such officer officers and may be imprinted or otherwise reproduced on below the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be hold such officer offices before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuer, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be hold such officer office of the Guarantor.
Appears in 2 contracts
Samples: Indenture (Textron Financial Canada Funding Corp), Textron Financial Canada Funding Corp
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders of Securities set forth in this Article 11, the each Subsidiary Guarantor hereby agrees to execute a its Guarantee in substantially the form included in the form of Exhibit A heretoSecurities, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article 11 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Guarantortwo Officers. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.
Appears in 2 contracts
Samples: Indenture (United Refining Co), Indenture (United Refining Co)
Execution of Guarantee. To further evidence the their Guarantee to the Holders, any Guarantor required to Guarantee the Guarantor hereby agrees Securities pursuant to the terms of Section 4.19 shall execute a the Guarantee in substantially in the form of set forth in Exhibit A hereto, hereto to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each such Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 2 contracts
Samples: Indenture (Pen Tab Industries Inc), Definitions and Incorporation by Reference (Dolco Packaging Corp /De/)
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article Fifteen, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Fifteen shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 2 contracts
Samples: Indenture (Chemtura CORP), Indenture (HomeCare Labs, Inc.)
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article Sixteen, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoA, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Sixteen shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 2 contracts
Samples: Indenture (Dole Food Company Inc), Indenture (Dole Food Co Inc)
Execution of Guarantee. To further evidence the its Guarantee to the HoldersHolders specified in Section 1601, the Guarantor hereby agrees to execute a the Guarantee in substantially in the form of Exhibit A hereto, set forth in Section 204 to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 1601 shall remain in full force and effect notwithstanding any failure to endorse on each Security a such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor Guarantor, by its Chairman of the BoardPresident, its President or one of its Vice Presidents Presidents, its Treasurer or its Secretary prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the due authentication thereof by the Trustee hereunder, shall constitute due delivery of such the Guarantee on behalf of the Guarantor. Such signature signatures upon the Guarantee may be a manual or facsimile signature signatures of any present, past or future such officer officers and may be imprinted or otherwise reproduced on below the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be hold such officer offices before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be hold such officer office of the Guarantor. * * * * * This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Indenture.
Appears in 2 contracts
Execution of Guarantee. To further evidence the its Guarantee to the HoldersHolders set forth in this Article Eleven, the each Subsidiary Guarantor hereby agrees to execute a the Guarantee in substantially in the form of included in Exhibit A heretoE, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such The Guarantee shall be signed on behalf of the any Subsidiary Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsedtwo officers (who shall have been duly authorized by all requisite corporate actions), and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Subsidiary Guarantor. Such signature upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the such Subsidiary Guarantor.. ARTICLE TWELVE [INTENTIONALLY OMITTED] ARTICLE THIRTEEN
Appears in 2 contracts
Samples: Indenture (HHG Distributing, LLC), Indenture (Hhgregg, Inc.)
Execution of Guarantee. To further evidence their guarantee to the Noteholders specified in Section 11.01, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A hereto, recited to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman one Officer (each of the Boardwhom shall, its President or one of its Vice Presidents in each case, have been duly authorized by all requisite corporate actions) prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 2 contracts
Samples: Purchase Agreement (Uti Corp), Landmark Theatre Corp
Execution of Guarantee. To further evidence the Guarantee its guarantee to the Holders, each of the Guarantor Guarantors hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the such Guarantor.
Appears in 2 contracts
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersNoteholders set forth in this Article Eleven, the Guarantor Holdings hereby agrees to execute a the Guarantee in substantially in the form of included in Exhibits A and Exhibit A heretoB, to which shall be endorsed on and made a part of each Security such Note ordered to be authenticated and delivered by the Trustee. The Guarantor Holdings hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor Holdings by its Chairman of the Boardtwo Officers, its President or one of its Vice Presidents an Officer and an Assistant Secretary prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the GuarantorHoldings. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer Officer of the GuarantorHoldings.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article XI, the Guarantors, if any, hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Guarantor Each Guarantor, if any, hereby agrees that its Guarantee set forth in Section 2.01 this Article XI shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor each Guarantor, if any, by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Indenture (Omnova Solutions Inc)
Execution of Guarantee. To further evidence the its Guarantee to the Holders, the each Guarantor hereby agrees to execute a Guarantee in substantially in the form of set forth in Exhibit A hereto, hereto to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of its Guarantee. Each such A Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a the manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which the Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuers, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the any Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersSecurityholders set forth in this Article Twelve, the each Guarantor hereby agrees to execute a the Guarantee in substantially in the form of included in Exhibit A heretoA, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Twelve shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the such Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Aearo CO I
Execution of Guarantee. To further evidence the Guarantee their guarantee to the HoldersSecurityholders specified in Section 11.01, the each Guarantor hereby agrees to execute that a notation of such Guarantee substantially in the form of Exhibit A hereto, to shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Duane Reade Inc
Execution of Guarantee. To further evidence their guarantee to the Securityholders set forth in this Article Eleven, the Subsidiary Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of included in Exhibit A heretoA, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Subsidiary Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.
Appears in 1 contract
Samples: Bay Area Warehouse Stores Inc
Execution of Guarantee. To further evidence the Guarantee Guarantees to the Holders, each of the Guarantor Guarantors hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security Note on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders specified in Section 1401, the Guarantor hereby agrees to execute a the Guarantee in substantially in the form of Exhibit A hereto, set forth in Section 205 to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor Guarantor, by its Chairman of the Boardany two Authorized Officers, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the due authentication thereof by the Trustee hereunder, shall constitute due delivery of such the Guarantee on behalf of the Guarantor. Such Any such signature upon the Guarantee may be a manual or facsimile signature of any present, past or future such officer Authorized Officer and may be imprinted or otherwise reproduced on below the Guarantee, and in case any such officer Authorized Officer who shall have signed the Guarantee shall cease to be such officer Authorized Officer before the Security on which Guarantee such Guarantor is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer Authorized Officer of the Guarantor. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: American International Group Inc
Execution of Guarantee. To further evidence the Guarantee to the Holders, the each Guarantor hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Indenture (Scot Inc)
Execution of Guarantee. To further evidence the their Guarantee to the Holders, any Guarantor required to Guarantee the Guarantor hereby agrees Securities pursuant to Section 4.17 shall execute a the endorsement of Guarantee in substantially in the form of set forth in Exhibit A hereto, which endorsement shall be delivered to each Holder to be endorsed on and made a part of attached to each Security ordered to be authenticated and delivered by the TrusteeSecurity. The Each such Guarantor hereby agrees that its Guarantee set forth in Section 2.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a the manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Triton PCS Inc
Execution of Guarantee. To further evidence the their Guarantee to the HoldersHolders set forth in this Article Eleven, the Guarantor Subsidiary Guarantors hereby agrees agree to execute a the Guarantee in substantially in the form of included in Exhibit A heretoE, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsedtwo officers (who shall have been duly authorized by all requisite corporate actions), and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Subsidiary Guarantor. Such signature upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.. ARTICLE TWELVE
Appears in 1 contract
Samples: Indenture (Science Craftsman INC)
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders specified in Section 1401, the Guarantor hereby agrees to execute a the Guarantee in substantially in the form of Exhibit A hereto, set forth in Section 206 to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 1401 shall remain in full force and effect notwithstanding any failure to endorse on each Security a such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor Guarantor, by its Chairman of the Board, one of its Vice Chairmen of the Board, its President or one of its Sector Presidents or Vice Presidents Presidents, prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the due authentication thereof by the Trustee hereunder, shall constitute due delivery of such the Guarantee on behalf of the Guarantor. Such signature signatures upon the Guarantee may be a manual or facsimile signature signatures of any present, past or future such officer officers and may be imprinted or otherwise reproduced on below the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be hold such officer offices before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be hold such officer office of the Guarantor.. -----------------------------
Appears in 1 contract
Samples: Corning Inc /Ny
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders of Notes set forth in this Article X, the each Guarantor hereby agrees to execute a its Guarantee in substantially the form included in the form of Exhibit A heretoNotes, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article X shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Notes on which it is endorsed, and the delivery of such Security Notes by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Notes on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Notes nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Hutchinson Products Corp
Execution of Guarantee. To further evidence the their Guarantee to the Holders, any Guarantor required to Guarantee the Guarantor hereby agrees Securities pursuant to Section 4.18 shall execute a the endorsement of Guarantee in substantially in the form of set forth in Exhibit A --------- hereto, which endorsement shall be delivered to each Holder to be endorsed on and made a part of attached to each Security ordered to be authenticated and delivered by the TrusteeSecurity. The Each such Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a the manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Triton PCS Holdings Inc
Execution of Guarantee. To further evidence their guarantee to the Noteholders specified in Section 11.01, the Guarantors hereby agree to execute the Guarantee in substantially the form attached to the Holders, the Guarantor hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, Notes to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the TrusteeNote. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman one Officer (each of the Boardwhom shall, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsedin each case, have been duly authorized by all requisite corporate actions) and the delivery of such Security Note by the Trustee, after the authentication thereof hereunderCompany to a Holder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence the its Guarantee to the HoldersHolders set forth in this Article X, the each Guarantor hereby agrees to execute a the Guarantee substantially in the form of Exhibit A hereto, to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article X shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the GuarantorGuarantors. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer Officer and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer Officer who shall have signed the Guarantee shall cease to be such officer Officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer Officer of the GuarantorGuarantors. If required by Section 4.12, the Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.12 hereof and this Article X, to the extent applicable.
Appears in 1 contract
Samples: Saxon Capital Inc
Execution of Guarantee. To further evidence the Guarantee its guarantee specified in this Article XIV to the HoldersHolders of any Security of any series, the Guarantor hereby agrees to execute a Guarantee the Guarantee, in substantially in the form of Exhibit A hereto, set forth in Section 14.6 (except as otherwise permitted by Section 2.5) to be endorsed on and made a part of each Security ordered to be of such series authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guarantee. Each such Such Guarantee shall be signed executed on behalf of the Guarantor by its Chairman of the Board, its Vice Chairman of the Board, its President or one of its Vice Presidents Presidents, and attested by its Secretary or one of its Assistant Secretaries. The signature of any of these officers on the Securities may be manual or facsimile. A Guarantee bearing the manual or facsimile signatures of individuals who were at any time the proper officers of the Guarantor shall bind the Guarantor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Guarantee or did not hold such offices at the date of such Guarantee. If the form of the Security Guarantee of the series has been established in or pursuant to one or more Guarantor Board Resolutions as permitted by Section 2.5, in authenticating the Securities on which it such Guarantee is endorsed, and accepting the delivery of additional responsibilities under this Indenture in relation to such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of by the Company, the Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.Counsel stating,
Appears in 1 contract
Samples: MRM Capital Trust Iii
Execution of Guarantee. To further evidence the their Guarantee to the Holders, any Guarantor required to Guarantee the Guarantor hereby agrees Securities pursuant to Section 4.18 shall execute a the endorsement of Guarantee in substantially in the form of set forth in Exhibit A --------- hereto, which en- dorsement shall be delivered to each Holder to be endorsed on and made a part of attached to each Security ordered to be authenticated and delivered by the TrusteeSecurity. The Each such Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Triton PCS Inc
Execution of Guarantee. To further evidence the Guarantee to the Holders, the Each Guarantor hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Falcon Products Inc /De/
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article XI, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article XI shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents authorized Officers prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer Officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Granite Broadcasting Corp
Execution of Guarantee. To further evidence the its Guarantee to the HoldersHolders specified in Section 1601, the Guarantor hereby agrees to execute a the Guarantee in substantially in the form of Exhibit A hereto, set forth in Section 204 to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 1601 shall remain in full force and effect notwithstanding any failure to endorse on each Security a such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor by its Chairman any director of the BoardGuarantor, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the due authentication thereof by the Trustee hereunder, shall constitute due delivery of such the Guarantee on behalf of the Guarantor. Such signature signatures upon the Guarantee may be a manual or facsimile signature signatures of any present, past or future such officer directors or officers and may be imprinted or otherwise reproduced on below the Guarantee, and in case any such director or officer who shall have signed the Guarantee shall cease to be hold such officer offices before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be hold such officer office of the Guarantor. This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Indenture.
Appears in 1 contract
Samples: Indenture (Sasol Financing USA LLC)
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article 13, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of included in Exhibit A heretoA, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article 13 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer Officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer Officer who shall have signed the Guarantee shall cease to be such officer Officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuer, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer Officer of the Issuer or the other Guarantor.
Appears in 1 contract
Samples: Toll Brothers Inc
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders set forth in this Article X, the each Guarantor hereby agrees to execute a the Guarantee in substantially in the form of attached hereto as Exhibit A heretoB, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Indenture (MxEnergy Holdings Inc)
Execution of Guarantee. To further evidence the their Guarantee to the Holders, the Guarantor Guarantors hereby agrees agree to execute a the Guarantee in substantially in the form of set forth in Exhibit A hereto, hereto to be endorsed on and made a part of each Security ordered to be authenticated and delivered de- livered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication authenti- cation of the Security on which it is endorsed, and the delivery of such Security Secu- rity by the Trustee, after the authentication thereof hereunder, shall constitute consti- tute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signa- ture upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer offi- cer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor. Section 11.07.
Appears in 1 contract
Samples: Newport News Shipbuilding Inc
Execution of Guarantee. To further evidence their guarantee to the Holders specified in Section 11.01, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A hereto, required to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman an Officer of the Boardsuch Guarantor (who shall, its President in each case, have been duly authorized by all requisite corporate or one of its Vice Presidents other actions) prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Graphic Packaging Corp
Execution of Guarantee. To further evidence the its Guarantee to the HoldersNoteholders set forth in this Article ten, each Guarantor will execute the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached to this Indenture as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its the Guarantee set forth in Section 2.01 this Article ten shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of the Guarantee. Each such The Guarantee shall be signed on behalf of the each Guarantor by its Chairman one officer of the Boardsuch Guarantor (each of whom shall, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsedin each case, have been duly authorized by all requisite corporate actions), and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such the Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which the Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Express Scripts Inc
Execution of Guarantee. To further evidence the their Guarantee to the HoldersHolders set forth in this Article Eleven, the Guarantor Subsidiary Guarantors hereby agrees agree to execute a the Guarantee in substantially in the form of included in Exhibit A heretoE, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsedtwo officers (who shall have been duly authorized by all requisite corporate actions), and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Subsidiary Guarantor. Such signature upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.. [INTENTIONALLY OMITTED] MISCELLANEOUS
Appears in 1 contract
Samples: Indenture (Landrys Restaurants Inc)
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders of Securities set forth in this Article Ten, the each Subsidiary Guarantor hereby agrees to execute a its Guarantee in substantially the form included in the form of Exhibit A heretoSecurities, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Ten shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Guarantortwo Officers. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.
Appears in 1 contract
Samples: Indenture (Independent Gasoline & Oil Co of Rochester)
Execution of Guarantee. To further evidence their guarantee to the Noteholders specified in Section 11.01, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A hereto, recited to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence their guarantee to the Noteholders specified in Section 11.1, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A heretoE, to 104 which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Eye Care Centers of America Inc
Execution of Guarantee. To further evidence the their Guarantee to the HoldersHolders set forth in this Article Eleven, the Guarantor Guarantors hereby agrees agree to execute a the Guarantee in substantially in the form of included in Exhibit A heretoF, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardone Officer, its President or one of its Vice Presidents (who shall have been duly authorized by all requisite corporate actions) who shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Covenants (Railworks Corp)
Execution of Guarantee. To further evidence their guarantee to the Purchasers specified in Section 8.1, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A hereto, B to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the TrusteeNote. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 8.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the TrusteeCompany, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer Officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer Officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer Officer of the Guarantor.
Appears in 1 contract
Samples: Note Exchange and Debenture Agreement (Wolverine Tube Inc)
Execution of Guarantee. To further evidence the their Guarantee to the Holders, each of the Guarantor Guarantors hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Manischewitz B Co LLC
Execution of Guarantee. To further evidence the each Guarantee to the Holders, each of the Guarantor Guarantors hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Indenture (Roma Fort Worth Inc)
Execution of Guarantee. To further evidence the Guarantee their guarantee to the HoldersHolders set forth in this Article X, the Guarantor Guarantors hereby agrees agree to execute a Guarantee the Guarantees in substantially in the form of included in Exhibit A heretoA-1 and Exhibit A-2, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article X shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee Guarantees may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee-80- Guarantees, and in case any such officer who shall have signed the Guarantee Guarantees shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee Guarantees had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence the their Guarantee to the Holders, the Guarantor Guarantors hereby agrees agree to execute a the Guarantee in substantially in the form of Exhibit A hereto, set forth in Section 2.3 hereto to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 15.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Owens & Minor Inc/Va/
Execution of Guarantee. To further evidence their guarantee to the Securityholders set forth in this Article Ten, the Guarantors hereby agree to execute the Guarantee to in substantially the Holders, the Guarantor hereby agrees to execute a Guarantee substantially form included in the form of Exhibit A heretoSecurities, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Ten shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee Trus- 102 -95- tee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Walbro Corp
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders set forth in this Article 12, the Guarantor hereby executing this Indenture agrees to execute a Guarantee the guarantee in substantially the form set forth in the endorsement of guarantee reflected on the form of Exhibit A heretoNote attached hereto as Annex A-1 or A-2, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 guarantee shall remain in full force and effect notwithstanding any failure to endorse on each Security a GuaranteeNote such guarantee. Each such Guarantee guarantee shall be signed on behalf of the Guarantor by its Chairman an officer of the Board, its President or one of its Vice Presidents Guarantor (whom shall have been duly authorized by all requisite corporate actions) prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on guarantee of behalf of the Guarantor. Such signature upon the Guarantee guarantee may be a by manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case any such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security Note on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Indenture (Kinder Morgan, Inc.)
Execution of Guarantee. To further evidence the Guarantee to the Holders, the Each Guarantor hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Leap Wireless International Inc
Execution of Guarantee. To further evidence their guarantee to the Noteholders specified in Section 11.1, the Subsidiary Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A hereto, recited to be endorsed on and made a part of each Security Note ordered to be --------- authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Subsidiary Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence their guarantee to the Noteholders specified in Section 11.01, the Subsidiary Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A hereto, recited to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Subsidiary Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.
Appears in 1 contract
Samples: Tracor Inc /De
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article Eleven, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A heretoincluded in EXHIBIT A, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, Officer (whom shall have been duly authorized by all requisite corporate actions) and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a by manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Indenture (Metals Usa Inc)
Execution of Guarantee. To further evidence its guarantee to the Noteholders set forth in this Article Ten, each Subsidiary Guarantor will execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached to this Indenture as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security --------- Note ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its the Guarantee set forth in Section 2.01 this Article Ten shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of the Guarantee. Each such The Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman one Officer of the Boardsuch Subsidiary Guarantor (each of whom shall, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsedin each case, have been duly authorized by all requisite corporate actions), and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such the Guarantee on behalf of the such Subsidiary Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer Officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which the Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer Officer of the such Subsidiary Guarantor.
Appears in 1 contract
Samples: Applied Power Inc
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersNoteholders set forth in this Article Eleven, the Guarantor Holdings hereby agrees to execute a the Guarantee in substantially in the form of included in Exhibits A and Exhibit A heretoB, to which shall be endorsed on and made a part of each Security such Note ordered to be authenticated and delivered by the Trustee. The Guarantor Holdings hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor Holdings by its Chairman of the Boardtwo Officers, its President or one of its Vice Presidents an Officer and an Assistant Secretary prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the GuarantorHoldings. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the GuarantorHoldings.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders specified in Section 14.1, the Subsidiary Guarantor hereby agrees to execute a the Guarantee in substantially in the form of Exhibit A hereto, found in Section 2.2 hereof recited to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 14.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such The Guarantee shall be signed on behalf of the Subsidiary Guarantor by its Chairman an officer of the Board, its President or one of its Vice Presidents Subsidiary Guarantor (who shall have been duly authorized by all requisite corporate actions) prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the Subsidiary Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.
Appears in 1 contract
Samples: Amerisource Health Corp/De
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article X, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article X shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsedauthorized Officers, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuers, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence the Guarantee to the HoldersHolders specified in Section 14.1, the each Guarantor hereby agrees to execute a Guarantee the notation of the Guarantee, in substantially in the form of Exhibit A heretoset forth in Section 14.4, to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its the Guarantee set forth in Section 2.01 14.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of the Guarantee. Each such notation of the Guarantee shall be signed on behalf of the Guarantor each Guarantor, by its Chairman of the Boarda director or officer, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the due authentication thereof by the Trustee hereunder, shall constitute due delivery of such the Guarantee on behalf of the a Guarantor. Such signature upon the notation of the Guarantee may be a manual or facsimile signature of any such director or officer and may be imprinted or otherwise reproduced on below the notation of the Guarantee, and in case any such director or officer who shall have signed the notation of the Guarantee shall cease to be such director or officer before the Security on which Guarantee such notation is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the notation of the Guarantee had not ceased to be such director or officer of the that Guarantor.
Appears in 1 contract
Samples: Progress Energy Inc
Execution of Guarantee. To further evidence the Holdings Guarantee and each Guarantee to the Holders, each of Holdings and the Guarantor Guarantors hereby agrees agree to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Holdings and each Guarantor hereby agrees agree that its Guarantee guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the Holdings and each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the Holdings or such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuers, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the Holdings or such Guarantor.
Appears in 1 contract
Samples: Graham Packaging Holdings Co
Execution of Guarantee. To further evidence the their Guarantee to the Holders, each current Guarantor and any Guarantor required to Guarantee the Guarantor hereby agrees Notes pursuant to Section 4.18 shall execute a the endorsement of Guarantee in substantially in the form of set forth in Exhibit A hereto, which endorsement shall be delivered to each Holder to be endorsed on and made a part of attached to each Security ordered to be authenticated and delivered by the TrusteeNote . The Each such Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuer, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: HRM Holdings Corp
Execution of Guarantee. To further evidence their guarantee to the Noteholders specified in Section 11.01, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A heretoA, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article Fourteen, the Guarantors hereby agree to execute the Guarantee in substantially the form set forth in the Board Resolution or supplemental indenture pertaining to the Holdersapplicable series, the Guarantor hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Fourteen shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Fred Meyer Inc
Execution of Guarantee. To further evidence the Guarantee their guarantee to the HoldersSecurityholders set forth in this Article XI, the each Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A heretoB to this Indenture, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article XI shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of a Guarantee. Each such A Guarantee shall be signed on behalf of the a Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary, or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate or partnership actions) shall attest to the Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunderhere- under, shall constitute due delivery of such the Guarantee on behalf of the such Guarantor. Such signature signatures upon the a Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, Guarantee and in case any such officer who shall have signed the a Guarantee shall cease to be such officer before the Security on which the Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Oci N Corp
Execution of Guarantee. To further evidence the their Guarantee to the Holders, any Guarantor required to Guarantee the Guarantor hereby agrees Securities pursuant to Section 4.18 shall execute a the endorsement of Guarantee in substantially in the form of set forth in Exhibit A --------- hereto, which endorsement shall be delivered to each Holder to be endorsed on and made a part of attached to each Security ordered to be authenticated and delivered by the TrusteeSecurity. The Each such Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Triton PCS Holdings Inc
Execution of Guarantee. To further evidence the Guarantee their guarantee to the HoldersSecurityholders set forth in this Article XI, the each Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A heretoB to this Indenture, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article XI shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of a Guarantee. Each such A Guarantee shall be signed on behalf of the a Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary, or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate or partnership actions) shall attest to the Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such the Guarantee on behalf of the such Guarantor. Such signature signatures upon the a Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, Guarantee and in case any such officer who shall have signed the a Guarantee shall cease to be such officer before the Security on which the Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Indenture (Lamar Advertising Co)
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders specified in Section 1401, the Guarantor hereby agrees to execute a the notation of the Guarantee in substantially in the form of Exhibit A hereto, set forth in Section 204 to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its is Guarantee set forth in Section 2.01 1401 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such notation of the Guarantee shall be signed on behalf of the Guarantor Guarantor, by its Chairman of the Boarda director or officer, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the due authentication thereof by the Trustee hereunder, shall constitute due delivery of such the Guarantee on behalf of the Guarantor. Such signature upon the notation of the Guarantee may be a manual or facsimile signature of any present, past, or future such director or officer and may be imprinted or otherwise reproduced on below the notation of the Guarantee, and in case any such director or officer who shall have signed the notation o the Guarantee shall cease to be such director or officer before the Security on which Guarantee such notation is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the notation of the Guarantee had not ceased to be such director or officer of the Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence the a Guarantee to the Holders, the Guarantor each Guarantor, if any, hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted 73 -66- or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security Note on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuers, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Indenture (GPPW Inc)
Execution of Guarantee. To further evidence the each Guarantee to the Holders, each of the Guarantor Guarantors hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer who shall have signed the Guarantee guarantee shall cease to be such officer before the Security on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the CompanyIssuers, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence their guarantee to the Holder specified in Section 16.1, the Subsidiary Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A hereto, C recited to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 16.1 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Subsidiary Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.
Appears in 1 contract
Samples: Apria Healthcare Group Inc
Execution of Guarantee. To further evidence their guarantee to the Holders set forth in this Article X, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of attached hereto as Exhibit A heretoC, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article X shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Ironton Iron Inc
Execution of Guarantee. To further evidence the their Guarantee to the HoldersHolders set forth in this Article Eleven, the Guarantor Guarantors hereby agrees agree to execute a the Guarantee in substantially in the form of included in Exhibit A heretoF, to which shall be endorsed on and made a part of each Security ordered --------- to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Eleven shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers (who shall have been duly authorized by all requisite corporate actions), its President or one of its Vice Presidents who shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Cadmus Communications Corp/New
Execution of Guarantee. To further evidence the Guarantee to the Holders, the Each Guarantor hereby agrees to execute a Guarantee substantially in the form of Exhibit A hereto, guarantee to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a Guaranteeguarantee. Each such Guarantee guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents Officer prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee guarantee on behalf of the such Guarantor. Such signature upon the Guarantee guarantee may be a manual or facsimile signature of such officer Officer and may be imprinted or otherwise reproduced on the Guaranteeguarantee, and in case such officer Officer who shall have signed the Guarantee guarantee shall cease to be such officer Officer before the Security on which Guarantee such guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee guarantee had not ceased to be such officer of the such Guarantor.
Appears in 1 contract
Samples: Aerolink International Inc
Execution of Guarantee. To further evidence their guarantee to the Noteholders set forth in this Article 10, the Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of included in Exhibit A heretoA, to which shall be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article 10 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents officer (who shall have been duly authorized by all requisite corporate actions) prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a by manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Telehub Communications Corp
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders specified in Section 1401, the Guarantor hereby agrees to execute a the notation of the Guarantee in substantially in the form of Exhibit A hereto, set forth in Section 204 to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 1401 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such notation of the Guarantee shall be signed on behalf of the Guarantor Guarantor, by its Chairman of the Boarda director or officer, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the due authentication thereof by the Trustee hereunder, shall constitute due delivery of such the Guarantee on behalf of the Guarantor. Such signature upon the notation of the Guarantee may be a manual or facsimile signature of any present, past or future such director or officer and may be imprinted or otherwise reproduced on below the notation of the Guarantee, and in case any such director or officer who shall have signed the notation of the Guarantee shall cease to be such director or officer before the Security on which Guarantee such notation is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the notation of the Guarantee had not ceased to be such director or officer of the Guarantor.
Appears in 1 contract
Execution of Guarantee. To further evidence the Guarantee its guarantee to the HoldersHolders set forth in this Article XIV, the Guarantor hereby executing this Indenture agrees to execute a the Guarantee in substantially in the form of Exhibit A heretoset forth in Section 202, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Guarantor hereby agrees that its Guarantee set forth in Section 2.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security a such Guarantee. Each such Guarantee shall be signed on behalf of the Guarantor by its Chairman an officer of the Board, its President or one of its Vice Presidents Guarantor (whom shall have been duly authorized by all requisite corporate actions) prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on of behalf of the Guarantor. Such signature upon the Guarantee may be a by manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Kinder Morgan Inc
Execution of Guarantee. To further evidence their guarantee to the Securityholders set forth in this Article Ten, the Guarantors hereby agree to execute the Guarantee to in substantially the Holders, the Guarantor hereby agrees to execute a Guarantee substantially form included in the form of Exhibit A heretoSecurities, to which shall be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 this Article Ten shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Boardtwo Officers, its President or an Officer and an Assistant Secretary or one Officer shall sign and one Officer or an Assistant Secretary (each of its Vice Presidents whom shall, in each case, have been duly authorized by all requisite corporate actions) shall attest to such Guarantee prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Unifrax Investment Corp
Execution of Guarantee. To further evidence their guarantee to the Noteholders specified in Section 11.01, the Subsidiary Guarantors hereby agree to execute the Guarantee to the Holders, the Guarantor hereby agrees to execute a Guarantee in substantially in the form of Exhibit A hereto, recited to be endorsed on and made a part of each Security Note ordered to be authenticated and delivered by the Trustee. The Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 2.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Subsidiary Guarantor by its Chairman one Officer (each of the Boardwhom shall, its President or one of its Vice Presidents in each case, have been duly authorized by all requisite corporate actions) prior to the authentication of the Security Note on which it is endorsed, and the delivery of such Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Subsidiary Guarantor. Such signature signatures upon the Guarantee may be a by manual or facsimile signature of such officer officers and may be imprinted or otherwise reproduced on the Guarantee, and in case any such officer who shall have signed the Guarantee shall cease to be such officer before the Security Note on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the Security such Note nevertheless may be authenticated and delivered or disposed of as though the Person person who signed the Guarantee had not ceased to be such officer of the Subsidiary Guarantor.
Appears in 1 contract
Samples: Federal Data Corp /Fa/
Execution of Guarantee. To further evidence the their Guarantee to the Holders, the Guarantor Guarantors hereby agrees agree to execute a the Guarantee in substantially in the form of set forth in Exhibit A hereto, A-1 to be endorsed on and made a part of each Security ordered to be authenticated and delivered by the Trustee. The Each Guarantor hereby agrees that its Guarantee set forth in Section 2.01 1101 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation of such Guarantee. Each such Guarantee shall be signed on behalf of the each Guarantor by its Chairman of the Board, its President or one of its Vice Presidents prior to the authentication of the Security on which it is endorsed, and the delivery of such Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of such Guarantee on behalf of the such Guarantor. Such signature upon the Guarantee may be a manual or facsimile signature of such officer and may be imprinted or otherwise reproduced on the Guarantee, and in case such officer who shall have signed the Guarantee shall cease to be such officer before the Security on which such Guarantee is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, the such Security nevertheless may be authenticated and delivered or disposed of as though the Person who signed the Guarantee had not ceased to be such officer of the Guarantor.
Appears in 1 contract
Samples: Tultex Corp