Common use of Execution of Notes Clause in Contracts

Execution of Notes. Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 16 contracts

Samples: Indenture (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.)

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Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 heretoA hereto upon a written order of the Company signed by an Officer (an “Authentication Order”), manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.10), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 9 contracts

Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Satisfaction and Discharge of Indenture (China Security & Surveillance Technology, Inc.), Indenture (Fushi International Inc)

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer Issuer, manually or by facsimile or other electronic imaging means by an Officer of the manual or facsimile signature of an OfficerGeneral Partner. The Trustee will, upon receipt of an Authentication Order, manually authenticate Notes for original issue that may be validly issued under this Supplemental Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.11 hereof), shall be entitled to the benefits of this Supplemental Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Supplemental Indenture. In case any Officer of the General Partner who shall have signed any of the Notes shall cease to be such Officer of the General Partner before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of the General Partner, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the General Partner, although at the date of the execution of this Supplemental Indenture any such person was not such an OfficerOfficer of the General Partner.

Appears in 8 contracts

Samples: Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, L.P.

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 6 contracts

Samples: Indenture (Conexant Systems Inc), Indenture (Mentor Graphics Corp), Please Insert Social Security (Brocade Communications Systems Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually or by facsimile by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 6 contracts

Samples: Indenture (Medical Properties Trust Inc), Indenture (Kilroy Realty Corp), Indenture (Medical Properties Trust Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an Officer. The Trustee will, upon receipt one of an Authentication Order, authenticate Notes for original issue that its Officers and attested by the manual or facsimile signature of its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.14), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 5 contracts

Samples: IMH Financial Corp, IMH Financial Corp, Indenture (IMH Financial Corp)

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer Issuer, manually or by facsimile or other electronic imaging means by an Officer of the manual or facsimile signature of an OfficerGeneral Partner. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections Section 2.07 and Section 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.11 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer of the General Partner who shall have signed any of the Notes shall cease to be such Officer of the General Partner before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of the General Partner, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the General Partner, although at the date of the execution of this Indenture any such person was not such an OfficerOfficer of the General Partner.

Appears in 5 contracts

Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Innovative Industrial Properties Inc), Indenture (Healthcare Trust of America Holdings, LP)

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer Issuer, manually or by facsimile or other electronic imaging means by an Officer of the manual or facsimile signature of an OfficerGeneral Partner. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.11 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer of the General Partner who shall have signed any of the Notes shall cease to be such Officer of the General Partner before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of the General Partner, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the General Partner, although at the date of the execution of this Indenture any such person was not such an OfficerOfficer of the General Partner.

Appears in 5 contracts

Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the General Partner by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.12), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 5 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the General Partner by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 4 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Essex Portfolio Lp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by either the facsimile or manual signature of its President, its Chief Executive Officer, any of its Executive or Senior Vice Presidents, or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by either the manual or facsimile signature of an Officer. The Trustee will, upon receipt its Secretary or any of an Authentication Order, authenticate Notes for original issue that its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 4 contracts

Samples: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Ibasis Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an one of its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt Chief Financial Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1119.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 3 contracts

Samples: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp), On Semiconductor Corp

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer Issuer, manually or by facsimile or other electronic imaging means by an Officer of the manual or facsimile signature of an OfficerGeneral Partner. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections Section 2.07 and Section 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer of the General Partner who shall have signed any of the Notes shall cease to be such Officer of the General Partner before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of the General Partner, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the General Partner, although at the date of the execution of this Indenture any such person was not such an OfficerOfficer of the General Partner.

Appears in 3 contracts

Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt or any of an Authentication Orderits Vice Presidents, authenticate Notes for original issue that and attested by the facsimile signature of its Chief Financial Officer, Treasurer or its Assistant Treasurer, or Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder thereof is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 3 contracts

Samples: Indenture (Electroglas Inc), Indenture (Electroglas Inc), Dave & Busters Inc

Execution of Notes. Notes Each Note shall be signed in the name and executed on behalf of the Issuer by one of its Authorized Officer(s). Such signature may be the manual or facsimile signature of an Officersuch Authorized Officer(s). The Trustee will, upon receipt With the delivery of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant is furnishing, and from time to one or more Authentication Orderstime hereafter may (and, except as provided in Sections 2.07 at the request of the Trustee, shall) furnish, an Officers’ Certificate identifying and 2.08 hereofcertifying the incumbency and specimen signatures of its Authorized Officers. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 hereto, executed manually by Until the Trustee (or an authenticating agent appointed by receives a subsequent Officers’ Certificate updating such list, the Trustee as provided by Section 16.11), shall be entitled to rely conclusively upon the benefits last such Officers’ Certificate delivered to it for purposes of this Indenture determining the Issuer’s Authorized Officers. Typographical and other minor errors or be valid defects in any signature shall not affect the validity or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon enforceability of any Note that has been duly executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, . In case any Authorized Officer of the Issuer who shall have signed any Note shall cease to be an Authorized Officer of the Issuer before the Note so signed shall be authenticated and delivered by the Trustee or disposed of by or on behalf of the Issuer, such Notes Note nevertheless may be authenticated and delivered or disposed of as though if the person Person who signed such Notes Note on behalf of the Issuer had not ceased to be such Authorized Officer, and any . Any Note may be signed on behalf of the Issuer by such persons asa Person who, as at the actual date of the his/her execution of such Note, is an Authorized Officer of the Issuer, shall be a valid and binding obligation of the proper Officers, although Issuer notwithstanding that at the date hereof any such Person is not an Authorized Officer of the execution of this Indenture any such person was not such an OfficerIssuer.

Appears in 3 contracts

Samples: Indenture (Auna S.A.), Indenture (Auna S.A.), Indenture (Auna S.A.A.)

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer MAALP, manually or by the manual facsimile or facsimile signature other electronic imaging means by an Officer of an OfficerMAA. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer MAALP pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.11 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer MAALP shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer of MAA who shall have signed any of the Notes shall cease to be such Officer of MAA before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerMAALP, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of MAA, and any Note may be signed on behalf of the Issuer MAALP by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of MAA, although at the date of the execution of this Indenture any such person was not such an OfficerOfficer of MAA.

Appears in 3 contracts

Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the General Partner by the manual or facsimile signature of an Officer. The Trustee will, upon receipt two Officers of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofGeneral Partner. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 3 contracts

Samples: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty Corp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by its Chief Executive Officer, President, Chief Operating Officer or Chief Financial Officer and attested by the manual or facsimile signature of an Officer. The Trustee willits Treasurer, upon receipt Secretary or any of an Authentication Order, authenticate Notes for original issue that its Assistant Secretaries or Assistant Treasurers (any of which signatures may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form forms of Notes attached as Exhibit A1 Exhibits A and B hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.13), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 3 contracts

Samples: Indenture (Netbank Inc), Indenture (Netbank Inc), Indenture (Computer Network Technology Corp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, Chief Executive Officer. The Trustee will, upon receipt of an Authentication OrderChief Financial Officer, authenticate Notes for original issue that may be validly issued under this Indentureany Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), including its Treasurer, its Secretary or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofAssistant Secretary. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1119.12), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 3 contracts

Samples: Registration Rights Agreement (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc)

Execution of Notes. The Notes of each series shall be signed in the name and on behalf of the Issuer Corporation by the manual or facsimile signature of an its President, Chief Executive Officer. The Trustee will, upon receipt Chief Financial Officer, one of an Authentication Orderits Executive Vice Presidents, authenticate Notes for original issue that or General Counsel under its corporate seal (if legally required) which may be validly issued under this Indentureaffixed thereto or printed, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may engraved or otherwise reproduced thereon, by facsimile or otherwise, and which need not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofbe attested. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 heretoherein before recited, executed manually by the Trustee (or an authenticating agent appointed the Authenticating Agent by the Trustee as provided by Section 16.11)manual or facsimile signature of an authorized officer, shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) the Authenticating Agent upon any Note executed by the Issuer Corporation shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Corporation who shall have signed any of the Notes Note shall cease to be such Officer officer before the Notes Note so signed shall have been authenticated and delivered by the TrusteeTrustee or the Authenticating Agent, or disposed of by the IssuerCorporation, such Notes Note nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Notes Note had not ceased to be such Officer, officer of the Corporation; and any Note may be signed on behalf of the Issuer Corporation by such persons Persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Corporation, although at the date of the execution of this Indenture any such person was not such an Officerofficer. Every Note shall be dated the date of its authentication. In each case where the Trustee is to authenticate and deliver Notes pursuant to the terms of this Indenture, it shall receive a Corporation Order. If all the Notes of any series are not to be issued at one time, it shall not be necessary to deliver an Opinion of Counsel and an Officers’ Certificate at the time of issuance of each Note, but such opinion and certificate, with appropriate modifications, shall be delivered at or before the time of issuance of the first Note of such series. After any such first delivery, any separate request by the Corporation that the Trustee authenticate Notes of such series for original issue will be deemed to be a certification by the Corporation that all conditions precedent provided for in this Indenture relating to authentication and delivery of such Notes continue to have been complied with. The Trustee shall have the right to decline to authenticate and deliver any Notes under this Section if the Trustee, being advised by counsel, determines that such action may not lawfully be taken or if a Responsible Officer of the Trustee in good faith shall determine that such action would expose the Trustee to personal liability to existing Noteholders.

Appears in 3 contracts

Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 3 contracts

Samples: United Dominion (United Dominion Realty Trust Inc), Indenture (RAIT Financial Trust), Indenture (Luminent Mortgage Capital Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 3 contracts

Samples: Indenture (Alkermes Inc), Financial Federal Corp, Financial Federal Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 3 contracts

Samples: Indenture (Empire State Realty OP, L.P.), Indenture (American Residential Properties, Inc.), Indenture (Kilroy Realty Corp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt Chief Financial Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Issuer who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Issuer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Issuer, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 3 contracts

Samples: Tower Semiconductor LTD, Tower Semiconductor LTD, Tower Semiconductor LTD

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the General Partner by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Exchange Notes and Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 3 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual Chairman of the Board of Directors, the President, or facsimile signature a Vice President of the Managing Member and, if the seal of the Managing Member is reproduced thereon, it shall be attested by its Secretary, an OfficerAssistant Secretary, a Treasurer, or an Assistant Treasurer. The Trustee will, Such signatures upon receipt of an Authentication Order, authenticate the Notes for original issue that may be validly issued under this Indenturethe manual, including any Additional facsimile or PDF transmission signatures of such authorized officers and may be imprinted or otherwise reproduced on the Notes. The aggregate principal amount seal of Notes outstanding at any time the Managing Member, if any, may not exceed be in the aggregate principal amount form of Notes authorized for issuance by a facsimile or PDF transmission thereof and may be impressed, affixed, imprinted, or otherwise reproduced on the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofNotes. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 A hereto, executed signed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11)Trustee, shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Managing Member on behalf of the Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenturehereunder. In case any Officer officer of the Managing Member who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Notes had not ceased to be such Officer, officer of the Managing Member; and any Note Notes may be signed on behalf of the Issuer Managing Member by such persons Persons as, at the actual date of the execution of such NoteNotes, shall be the proper Officersofficers of the Managing Member, although at the date of such Notes or of the execution of this Indenture any such person Person was not such an Officerofficer.

Appears in 2 contracts

Samples: Indenture (EnLink Midstream, LLC), Indenture (EnLink Midstream Partners, LP)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt or any of an Authentication Orderits Vice Presidents, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance and attested by the Issuer pursuant to one manual or more Authentication Ordersfacsimile signature of its Chief Financial Officer, except as provided in Sections 2.07 and 2.08 hereofTreasurer or its Assistant Treasurer, or Secretary or any of its Assistant Secretaries. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.10), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence evidence, and the only evidence, that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder thereof is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons Persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person Notes were signed any such Person was not such an Officerofficer. At any time and from time to time after the execution and delivery of this Indenture, the Company may deliver Notes executed by the Company to the Trustee (or an authenticating agent) for authentication; and the Trustee or the authenticating agent, as the case may be, shall authenticate and deliver such Notes as in this Indenture provided and not otherwise.

Appears in 2 contracts

Samples: Indenture (RCN Corp /De/), Indenture (RCN Corp /De/)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt or any of an Authentication Orderits Vice Presidents, authenticate Notes for original issue that and attested by the facsimile signature of its Chief Financial Officer, Treasurer or its Assistant Treasurer, or Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1118.10), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder thereof is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Rockford Corp), Rockford Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt President, Chief Operating Officer or Chief Financial Officer and attested by the signature of an Authentication Orderits Treasurer, authenticate Notes for original issue that Secretary or any of its Assistant Secretaries (any of which signatures may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.14), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Indenture (Penn Treaty American Corp), Penn Treaty American Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 2 contracts

Samples: Indenture (BioMed Realty Trust Inc), Extra Space Storage Inc.

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, Chief Executive Officer. The Trustee will, upon receipt of an Authentication OrderChief Financial Officer, authenticate Notes for original issue that may be validly issued under this Indentureany Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), including its Treasurer, its Secretary or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofAssistant Secretary. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.12), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Indenture (Dress Barn Inc), Registration Rights Agreement (Quicksilver Resources Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "VICE PRESIDENT") and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Indenture (Celgene Corp /De/), Indenture (Atherogenics Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt President or its Chief Financial Officer and attested by the facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form forms of Notes attached as Exhibit A1 Exhibits A and B hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tribune Co), Securities Purchase Agreement (Softkey International Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt of an Authentication OrderPresident, authenticate Notes for original issue that may be validly issued under this IndentureChief Operating Officer, including Chief Financial Officer or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may Vice President (whether or not exceed designated by a number or numbers or word or words added before or after the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoftitle “Vice President”). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.10), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer Issuer, manually or by facsimile or other electronic imaging means by an Officer of the manual or facsimile signature of an OfficerGeneral Partner. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.11 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer of the General Partner who shall have signed any of the Notes shall cease to be such Officer of the General Partner before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of the General Partner, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the General Partner, although at the date of the execution of this Indenture any such person was not such an OfficerOfficer of the General Partner.

Appears in 2 contracts

Samples: Sabra Health Care REIT, Inc., Care Capital Properties, Inc.

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the facsimile signature of its President, its Chief Executive Officer, any of its Executive or Senior Vice Presidents, or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Officer. The Trustee will, upon receipt its Secretary or any of an Authentication Order, authenticate Notes for original issue that its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: International Shipholding Corp, International Shipholding Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt President, or Chief Financial Officer and attested by the signature of an Authentication Orderits Treasurer, authenticate Notes for original issue that Assistant Treasurer, Secretary or any of its Assistant Secretaries (any of which signatures may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 hereto, A manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.12), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Royal Aloha Development Co, Royal Aloha Development Co

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") or Treasurer and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: LTX Corp, Globespan Inc/De

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt Officer of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofIssuer. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually or by facsimile by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.118.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 2 contracts

Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (SL Green Operating Partnership, L.P.)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt President, Chief Operating Officer or Chief Financial Officer and attested by the signature of an Authentication Orderits Treasurer, authenticate Notes for original issue that Secretary or any of its Assistant Secretaries (any of which signatures may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form forms of Notes attached as Exhibit A1 Exhibits A, B and C hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.14), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Indenture (Rac Financial Group Inc), Penn Treaty American Corp

Execution of Notes. The Notes shall be signed in the name ------------------ and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Indenture (Level One Communications Inc /Ca/), E Trade Group Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signage of its President, any Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Officer. The Trustee will, upon receipt its Secretary or any of an Authentication Order, authenticate Notes for original issue that its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Notes had not ceased to be such Officer, Officer and any Note may be signed on behalf of the Issuer Company by such persons Persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person Person was not such an Officer.

Appears in 2 contracts

Samples: Atlantic Coast Airlines Inc, Atlantic Coast Airlines Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt President, Chief Operating Officer or Chief Financial Officer and attested by the signature of an Authentication Orderits Treasurer, authenticate Notes for original issue that Secretary or any of its Assistant Secretaries (any of which signatures may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form forms of Notes Note attached as Exhibit A1 A and Exhibit B hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.14), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 2 contracts

Samples: Penn Treaty American (Penn Treaty American Corp), Penn Treaty American Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.such

Appears in 2 contracts

Samples: Indenture (Alkermes Inc), Cephalon Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Durect Corp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Airtran Airways Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) or Treasurer and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (LTX Corp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. The Trustee shall have the right to decline to authenticate and deliver any additional Notes under this Section 2.04 if the Trustee, determines that such action may not lawfully be taken by the Issuer or if the Trustee in good faith by its board of directors or board of trustee, executive committee, or a trust committee of directors or trustees or Responsible Officers shall determine that such action would expose the Trustee to personal liability to existing holders of Notes. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Indenture (Pennsylvania Real Estate Investment Trust)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by two Officers thereof. Such signatures upon the Notes may be the manual or facsimile signature signatures of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that the present or any future such Officers and may be validly issued under this Indenture, including any Additional imprinted or otherwise reproduced on the Notes. The aggregate principal amount seal of Notes outstanding at any time the Company, if any, is not required to appear on the Notes, but if it does so appear it may not exceed be in the aggregate principal amount form of Notes authorized for issuance by a facsimile thereof and may be impressed, affixed, imprinted or otherwise reproduced on the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofNotes. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 heretohereinbefore recited, executed manually signed by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11)Trustee, shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenturehereunder. In case any Officer of the Company who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Notes had not ceased to be such Officer, Officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons Persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the Company, although at the date of such Note or of the execution of this Indenture any such person Person was not such an Officer.

Appears in 1 contract

Samples: Rave Restaurant Group, Inc.

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer Issuer, manually or by facsimile or other electronic imaging means by an Officer of the manual or facsimile signature of an OfficerParent. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.11 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer of the Parent who shall have signed any of the Notes shall cease to be such Officer of the Parent before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of the Parent, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the Parent, although at the date of the execution of this Indenture any such person was not such an Officer.Officer of the Parent

Appears in 1 contract

Samples: Supplemental Indenture (DCT Industrial Trust Inc.)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt of an Authentication OrderPresident, authenticate Notes for original issue that may be validly issued under this IndentureChief Operating Officer, including Chief Financial Officer or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may Vice President (whether or not exceed designated by a number or numbers or word or words added before or after the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoftitle "Vice President"). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (CSK Auto Corp)

Execution of Notes. The Notes shall be signed in the name and ------------------ on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: E Trade Group Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Financial Officer. The Trustee will, upon receipt of an Authentication Orderany Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President"), authenticate Notes for original issue that may be validly issued under this Indentureits Treasurer, including its Secretary or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofAssistant Secretary. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.12), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Town & Country Trust)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt or any of an Authentication Orderits Vice Presidents, authenticate Notes for original issue that and attested by the facsimile signature of its Chief Financial Officer, Treasurer or its Assistant Treasurer, or Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notesengraved or otherwise reproduced thereon, by facsimile or otherwise). The aggregate principal amount Notes shall be dated the date of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoftheir authentication. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1119.10), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder thereof is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Electroglas Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.118.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Indenture (Gramercy Property Trust Inc.)

Execution of Notes. The Notes shall be signed in the ------------------ name and on behalf of the Issuer Company by the manual or facsimile signature of an Officer. The Trustee willits President, upon receipt any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Park Electrochemical Corp

Execution of Notes. The Notes shall be signed in the name ------------------ and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating --------- agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: At Home Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by an Authorized Officer under its corporate seal which may, but need not, be attested. Such signatures may be the manual or facsimile signature signatures of an Officerthe present or any future such officers. The Trustee will, upon receipt seal of an Authentication Order, authenticate Notes for original issue that the Issuer may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth of a facsimile thereof and may be impressed, affixed, imprinted or otherwise reproduced on the form Notes. Typographical and other minor errors or defects in any such reproduction of Notes attached as Exhibit A1 hereto, executed manually by the Trustee (seal or an authenticating agent appointed by any such signature shall not affect the Trustee as provided by Section 16.11), shall be entitled to the benefits validity or enforceability of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that by the Holder is entitled to the benefits of this IndentureIndenture Trustee. In case any Officer officer of the Issuer who shall have signed any of the Notes shall cease to be such Officer officer before the Notes Note so signed shall have been be authenticated and delivered by the Trustee, Indenture Trustee or disposed of by the Issuer, such Notes Note nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes Note had not ceased to be such Officer, officer of the Issuer; and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersAuthorized Officers of the Issuer, although at the date of the execution and delivery of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Latam Airlines Group S.A.)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by both (a) its Chairman of the Board of Directors, any Vice Chairman of the Board of Directors, its President, any Vice President (whether or not designated by a number or numbers or a word or words added before or after the title "Vice President"), any Director General or any Director, in any case, as a duly and validly appointed and empowered attorney-in-fact of the Issuer and (b) by its Treasurer, attorney-in-fact or any Assistant Treasurer or its Secretary or any Assistant Secretary, which persons or officers shall be authorized to do so under a notarized power of attorney. Such signatures may be the manual or facsimile signatures of the present or any future such officers. Typographical and other minor errors or defects in any such reproduction of any such signature shall not affect the validity or enforceability of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated which has been duly authenticated and delivered hereunder and that by the Holder is entitled to the benefits of this IndentureTrustee. In case any Officer officer of the Issuer who shall have signed any of the Notes shall cease to be such Officer officer or duly appointed attorney- in-fact before the Notes Note so signed shall have been be authenticated and delivered by the Trustee, Trustee or disposed of by the Issuer, such Notes Note nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes Note had not ceased to be such Officer, officer or duly appointed attorney-in-fact of the Issuer; and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers and duly appointed attorneys-in-fact of the Issuer, although at the date of the execution and delivery of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Vitro Sa De Cv)

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Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt President, any Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Cymer Inc

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer Issuer, manually or by facsimile or other electronic imaging means by an Officer of the manual or facsimile signature of an OfficerIssuer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections Section 2.07 and Section 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.11 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer of the Issuer who shall have signed any of the Notes shall cease to be such Officer of the Issuer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of the Issuer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the Issuer, although at the date of the execution of this Indenture any such person was not such an OfficerOfficer of the Issuer.

Appears in 1 contract

Samples: AFC Gamma, Inc.

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes Notes, together with the Guarantee endorsed thereon, as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Indenture (KKR Financial Holdings LLC)

Execution of Notes. Notes Each Note shall be signed in the name and executed on behalf of the Issuer SPC by one or more Authorized Officer(s) of the SPC. Such signature may be the manual or facsimile signature of an Officersuch Authorized Officer(s). The Trustee will, upon receipt With the delivery of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notesthe SPC is furnishing, and from time to time hereafter may (and, at the request of the Indenture Trustee, shall) furnish, an Officers’ Certificate identifying and certifying the incumbency and specimen signatures of its Authorized Officers. The aggregate principal amount of Notes outstanding at any time may not exceed Until the aggregate principal amount of Notes authorized for issuance by Indenture Trustee receives a subsequent Officers’ Certificate updating such list, the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 hereto, executed manually by the Indenture Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to rely upon the benefits last such Officers’ Certificate delivered to it for purposes of this Indenture determining the SPC’s Authorized Officers. Typographical and other minor errors or be valid defects in any signature shall not affect the validity or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon enforceability of any Note that has been duly executed by the Issuer shall be conclusive evidence that the Note so authenticated has been SPC and duly authenticated and delivered hereunder and that by the Holder is entitled to the benefits of this IndentureIndenture Trustee. In case any Authorized Officer of the SPC who shall have signed any of the Notes Note shall cease to be such an Authorized Officer of the SPC before the Notes Note so signed shall have been be authenticated and delivered by the Trustee, Indenture Trustee or disposed of by or on behalf of the IssuerSPC, such Notes Note nevertheless may be authenticated and delivered or disposed of as though if the person Person who signed such Notes Note on behalf of the SPC had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Authorized Officer.

Appears in 1 contract

Samples: Indenture (National Commercial Bank Jamaica LTD)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1118.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Alkermes Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual General Partner by the manual, facsimile or facsimile electronic signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.12), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Indenture (Essex Portfolio Lp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Vice Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including President or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may Vice President (whether or not exceed designated by a number or numbers or word or words added before or after the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoftitle "Vice President"). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Amdocs LTD

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an Officer. The Trustee willits Chairman of the Board, upon receipt President, any Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Iomega Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Authentication Orderits Secretary or any of its Assistant Secretaries or its Chief Financial Officer, authenticate Notes for original issue that its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt President, any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (or Treasurer or any of its Assistant Treasurers) (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Sepracor Inc /De/)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually or by facsimile by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, its President and Chief Executive Officer. The Trustee will, upon receipt any of an Authentication Orderits Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.the

Appears in 1 contract

Samples: S3 Inc

Execution of Notes. The Notes shall be signed executed in the name and on behalf of the Issuer by the manual or facsimile signature of an OfficerBorrower. The Trustee willNotes shall then be delivered to Note Registrar for authentication by it. In case any of the officers who shall have signed or attested any of the Notes shall cease to be such officer or officers of Borrower before the Notes so signed or attested shall have been authenticated or delivered by Note Registrar or issued by Borrower, such Notes may nevertheless be authenticated, delivered and issued and, upon receipt such authentication, delivery and issue, shall be as binding upon Borrower as though those who signed and attested the same had continued to be such officers of an Authentication OrderBorrower, authenticate and also any Notes for original issue that may be validly issued under this Indenture, including signed and attested on behalf of Borrower by such persons as at the actual date of execution of such Notes shall be the proper officers of Borrower although at the nominal date of such Notes any Additional Notes. The aggregate principal amount such person shall not have been such officer of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofBorrower. Only such of the Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as in Exhibit A1 A hereto, executed manually by with the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11)manual signature of Note Registrar, shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (purpose or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who , and such certificate of Note Registrar shall have signed any of the Notes shall cease to be such Officer before conclusive evidence that the Notes so signed shall authenticated have been duly executed, authenticated and delivered by hereunder and are entitled to the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution benefits of this Indenture any such person was not such an OfficerIndenture.

Appears in 1 contract

Samples: Indenture of Trust (Life Time Fitness Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an Officer. The Trustee willits President, upon receipt any Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (National Semiconductor Corp)

Execution of Notes. Notes Each Note shall be signed in the name and executed on behalf of the Issuer by one of its Authorized Officer(s). Such signature may be the manual or facsimile signature of an Officersuch Authorized Officer(s). The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any From time may not exceed the aggregate principal amount of Notes authorized for issuance by to time hereafter the Issuer pursuant to one or more Authentication Ordersmay (and, except as provided in Sections 2.07 at the reasonable request of the Trustee, shall) furnish, an Officers’ Certificate identifying and 2.08 hereofcertifying the incumbency and specimen signatures of its Authorized Officers. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 hereto, executed manually by Until the Trustee (or an authenticating agent appointed by receives a subsequent Officers’ Certificate updating such list, the Trustee as provided by Section 16.11), shall be entitled to rely conclusively upon the benefits last such Officers’ Certificate delivered to it for purposes of this Indenture determining the Issuer’s Authorized Officers. Typographical and other minor errors or be valid defects in any signature shall not affect the validity or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon enforceability of any Note that has been duly executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, . In case any Authorized Officer of the Issuer who shall have signed any Note shall cease to be an Authorized Officer of the Issuer before the Note so signed shall be authenticated and delivered by the Trustee or disposed of by or on behalf of the Issuer, such Notes Note nevertheless may be authenticated and delivered or disposed of as though if the person Person who signed such Notes Note on behalf of the Issuer had not ceased to be such Authorized Officer, and any . Any Note may be signed on behalf of the Issuer by such persons asa Person who, as at the actual date of the his/her execution of such Note, is an Authorized Officer of the Issuer, shall be a valid and binding obligation of the proper Officers, although Issuer notwithstanding that at the date hereof any such Person is not an Authorized Officer of the execution of this Indenture any such person was not such an OfficerIssuer.

Appears in 1 contract

Samples: Indenture (Cementos Pacasmayo Saa)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date officers of the execution of this Indenture any such person was not such an Officer.the

Appears in 1 contract

Samples: Getty Images Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.be

Appears in 1 contract

Samples: Burr Brown Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman or Vice-Chairman of the Board of Directors, Chief Executive Officer. The Trustee will, upon receipt President, any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that may be validly issued under this IndentureManaging Director, including or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may its Vice Presidents (whether or not exceed designated by a number or numbers or word or words added before or after the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoftitle “Vice President”). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Lifepoint Hospitals, Inc.)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of any Vice President, Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Sportsline Usa Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoftwo Officers. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.10), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Ventas Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its President, its Chief Executive Officer. The Trustee will, upon receipt any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of its Chief Financial Officer, Treasurer or its Assistant Treasurer, or Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder thereof is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (General Electric Co)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofOfficers. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. A Note will not be valid or obligatory for any purpose until authenticated by the manual signature of the Trustee (or such an authenticating agent). Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Indenture (Innovative Industrial Properties Inc)

Execution of Notes. The Notes shall be signed in the name ------------------ and on behalf of the Issuer Company by the manual or facsimile signature of an Officer. The Trustee willits President, upon receipt its Chief Executive Officer any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Premiere Technologies Inc

Execution of Notes. The Notes shall be signed in the name and executed on behalf of the Issuer by an Authorized Officer of the Issuer. Such signature may be the manual or facsimile signature of an any present or any future such Authorized Officer. The Trustee will, upon receipt With the delivery of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant is furnishing, and from time to one or more Authentication Orderstime thereafter may furnish, except as provided in Sections 2.07 an Officers' Certificate identifying and 2.08 hereofcertifying the incumbency and specimen signature(s) of its Authorized Officers. Only such Notes as shall bear thereon Until the Note Trustee receives a certificate of authentication substantially in subsequent Officers' Certificate, the form set forth on the form of Notes attached as Exhibit A1 hereto, executed manually by the Note Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to rely on the benefits last such Officers' Certificate delivered to it for purposes of this Indenture determining the Authorized Officers. The Issuer is also furnishing an Officer's Certificate that all conditions to issuance of the Notes have been satisfied. Typographical and other minor errors or be valid defects in any signature shall not affect the validity or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon enforceability of any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated which has been duly authenticated and delivered hereunder and that by the Holder is entitled to the benefits of this IndentureNote Trustee. In case any Authorized Officer who shall have signed any of the Notes shall cease to be such Authorized Officer before the Notes Note so signed shall have been be authenticated and delivered by the Trustee, Note Trustee or disposed of by or on behalf of the Issuer, such Notes Note nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Notes Note had not ceased to be such Authorized Officer, ; and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be an Authorized Officer, shall be a valid and binding obligation of the proper Officers, although Issuer notwithstanding that at the date of the execution and delivery of this Indenture such Note any such person Person was not such an Authorized Officer.

Appears in 1 contract

Samples: Terms Indenture (Fund America Investors Corp Ii)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Compudyne Corp)

Execution of Notes. Notes Each Note shall be signed in the name and executed on behalf of the Issuer by one or more Authorized Officer(s) of the Issuer. Such signature may be the manual or facsimile signature of an Officersuch Authorized Officer(s). The Trustee will, upon receipt With the delivery of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant is furnishing, and from time to one or more Authentication Orderstime hereafter may (and, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate at the request of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 hereto, executed manually by the Trustee (or the Principal Paying Agent, shall) furnish, an authenticating agent appointed by Officer’s Certificate identifying and certifying the incumbency and specimen signatures of its Authorized Officers. Until the Trustee as provided by Section 16.11)and the Principal Paying Agent receive a subsequent Officer’s Certificate updating such list, the Trustee and the Principal Paying Agent shall be entitled to rely conclusively upon the benefits last such Officer’s Certificate delivered to them for purposes of this Indenture determining the Issuer’s Authorized Officers. Typographical and other minor errors or be valid defects in any signature shall not affect the validity or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon enforceability of any Note executed that has been duly delivered by the Issuer shall be conclusive evidence that and authenticated by the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this IndentureTrustee. In case any Authorized Officer of the Issuer who shall have signed any of the Notes Note shall cease to be such an Authorized Officer of the Issuer before the Notes Note so signed shall have been be authenticated and delivered by the Trustee, Trustee or disposed of by or on behalf of the Issuer, such Notes Note nevertheless may be authenticated and delivered or disposed of as though if the person Person who signed such Notes Note on behalf of the Issuer had not ceased to be such Authorized Officer, and any . Any Note may be signed on behalf of the Issuer by such persons asa Person who, as at the actual date of the his/her execution of such Note, is an Authorized Officer of the Issuer, shall be a valid and binding obligation of the proper Officers, although Issuer notwithstanding that at the date hereof any such Person is not an Authorized Officer of the execution of this Indenture any such person was not such an OfficerIssuer.

Appears in 1 contract

Samples: Indenture (Venezuelan National Petroleum Co)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt President, any of an Authentication Orderits Executive or Senior Vice Presidents, authenticate Notes for original issue that or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”) and attested by the facsimile signature of its Secretary or any of its Assistant Secretaries (or Treasurer or any of its Assistant Treasurers) (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, in the case of the Series A Notes, or Exhibit B hereto, in the case of the Series B Notes, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Sepracor Inc /De/)

Execution of Notes. The Notes of each series shall be signed in the name and on behalf of the Issuer by the General Partner by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes of such series for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes of any series outstanding at any time may not exceed the aggregate principal amount of Notes of such series authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes of any series as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A or Exhibit B hereto, as applicable, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.12), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note of any series executed by the Issuer shall be conclusive evidence that the Note of such series so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes of any series shall cease to be such Officer before the Notes of such series so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes of such series nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes of such series had not ceased to be such Officer, and any Note of such series may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such NoteNote of such series, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Essex Portfolio Lp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by either the facsimile or manual signature of its President, its Chief Executive Officer, any of its Executive or Senior Vice Presidents, or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by either the manual or facsimile signature of an Officer. The Trustee will, upon receipt its Secretary or any of an Authentication Order, authenticate Notes for original issue that its Assistant Secretaries (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1119.10 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Ibasis Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the signature of its Chief Executive Officer, its President, or any of its Vice Presidents (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the signature of its Treasurer or any of its Assistant Treasurers or its Secretary or any of its Assistant Secretaries. The signature of any of these officers on the Notes may be manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that and may be validly issued under this Indentureprinted, including any Additional engraved or otherwise reproduced on the Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person Person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons Persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person Person was not such an Officerofficer.

Appears in 1 contract

Samples: HNC Software Inc/De

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer or President, and attested by the facsimile signature of its Chief Financial Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that Treasurer or Secretary (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Cke Restaurants Inc)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 EXHIBIT A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Lattice Semiconductor Corp)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an Officer. The Trustee will, upon receipt its President or its Chief Executive Officer and attested by the facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or its Chief Financial Officer (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes attached as Exhibit A1 heretohereinbefore recited, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11)Trustee, shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, officer of the Company; and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Conformed Copy (Chiron Corp)

Execution of Notes. The Notes shall be signed in the name and ------------------ on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President") and attested by the manual or facsimile signature of an Authentication Order, authenticate Notes for original issue that its Secretary or any of its Assistant Secretaries or its Treasurer or any of its Assistant Treasurers (which may be validly issued under this Indentureprinted, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance engraved or otherwise reproduced thereon, by the Issuer pursuant to one facsimile or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereofotherwise). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an --------- authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Viropharma Inc

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer by the manual or facsimile signature of an Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the manual or facsimile signature of the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer who shall have signed any of the Notes shall cease to be such Officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officer, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper Officers, although at the date of the execution of this Indenture any such person was not such an Officer.

Appears in 1 contract

Samples: Indenture (Istar Financial Inc)

Execution of Notes. The Notes shall be signed signed, in the name and on behalf of the Issuer Issuer, manually or by facsimile or other electronic imaging means by an Officer of the manual or facsimile signature of an OfficerGeneral Partner. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereof. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1116.11 hereof), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Indenture. In case any Officer of the General Partner who shall have signed any of the Notes shall cease to be such Officer of the General Partner before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Issuer, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such OfficerOfficer of the General Partner, and any Note may be signed on behalf of the Issuer by such persons as, at the actual date of the execution of such Note, shall be the proper OfficersOfficers of the General Partner, although at the date of the execution of this Indenture any such person was not such an OfficerOfficer of the General Partner. Section 2.05.

Appears in 1 contract

Samples: Healthcare Trust of America Holdings, LP

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board, Chief Executive Officer. The Trustee will, upon receipt of an Authentication Order, authenticate Notes for original issue that may be validly issued under this Indenture, including President or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may Vice President (whether or not exceed designated by a number or numbers or word or words added before or after the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoftitle "Vice President"). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Standard Management Corp

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chief Executive Officer. The Trustee will, upon receipt of an Authentication OrderPresident, authenticate Notes for original issue that may be validly issued under this Indenture, including Chief Operating Officer or any Additional Notes. The aggregate principal amount of Notes outstanding at any time may Vice President (whether or not exceed designated by a number or numbers or word or words added before or after the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoftitle “Vice President”). Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1117.12), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Indenture (Ryerson Tull Inc /De/)

Execution of Notes. The Notes shall be signed in the name and on behalf of the Issuer Company by the manual or facsimile signature of an its Chairman of the Board of Directors, Chief Executive Officer, President or any Vice President and attested by its Secretary or any of its Assistant Secretaries. The Trustee will, upon receipt signature of an Authentication Order, authenticate any of these officers or the Company's seal on the Notes for original issue that may be validly issued under this Indenture, including any Additional Notes. The aggregate principal amount of Notes outstanding at any time may not exceed the aggregate principal amount of Notes authorized for issuance by the Issuer pursuant to one manual or more Authentication Orders, except as provided in Sections 2.07 and 2.08 hereoffacsimile. Only such Notes as shall bear thereon a certificate of authentication substantially in the form set forth on the form of Notes Note attached as Exhibit A1 A hereto, manually executed manually by the Trustee (or an authenticating agent appointed by the Trustee as provided by Section 16.1115.11), shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee (or such an authenticating agent) upon any Note executed by the Issuer Company shall be conclusive evidence that the Note so authenticated has been duly authenticated and delivered hereunder and that the Holder holder is entitled to the benefits of this Indenture. In case any Officer officer of the Company who shall have signed any of the Notes shall cease to be such Officer officer before the Notes so signed shall have been authenticated and delivered by the Trustee, or disposed of by the IssuerCompany, such Notes nevertheless may be authenticated and delivered or disposed of as though the person who signed such Notes had not ceased to be such Officerofficer of the Company, and any Note may be signed on behalf of the Issuer Company by such persons as, at the actual date of the execution of such Note, shall be the proper Officersofficers of the Company, although at the date of the execution of this Indenture any such person was not such an Officerofficer.

Appears in 1 contract

Samples: Jetblue Airways Corp

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