Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 8 contracts
Samples: Nineteenth Supplemental Indenture (Plains All American Pipeline Lp), Eighteenth Supplemental Indenture (Plains All American Pipeline Lp), Fifteenth Supplemental Indenture (Plains All American Pipeline Lp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Restricted Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 4.17 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto indenture pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officer’s Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Restricted Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 8 contracts
Samples: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 or the first sentence of Section 12.01 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture, substantially in substantially the form of Exhibit B hereto D pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX 12 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 6 contracts
Samples: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect and an Officer’s Certificate certifying that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 5 contracts
Samples: Indenture (Muzak Capital, LLC), Indenture (Muzak Capital, LLC), Indenture (ADT, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 4 contracts
Samples: Indenture (Dex Media International Inc), Indenture (Dex Media Inc), Indenture (Dex Media Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which that is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.15 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit Appendix B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note ObligationsObligations subject in all respects to Article XI hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 4 contracts
Samples: Indenture (Alamosa Holdings Inc), Indenture (Alamosa Delaware Inc), Indenture (Alamosa Holdings Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 3 contracts
Samples: Indenture (SeaWorld Entertainment, Inc.), Indenture (SeaWorld Entertainment, Inc.), Indenture (SeaWorld Entertainment, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.18 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XIV and shall guarantee Guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 3 contracts
Samples: First Supplemental Indenture (Swift Energy Co), First Supplemental Indenture (Swift Energy Co), First Supplemental Indenture (Swift Energy Co)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Dutch Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Supplemental Indenture (Stars Group Inc.), Indenture (Stars Group Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee and the Priority Lien Collateral Trustee an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Samples: Indenture (Coronado Global Resources Inc.), Indenture (Coronado Global Resources Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee Trustee, in addition to the documents required by Section 14.04, an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Indenture (Chart Industries Inc), Indenture (Chart Industries Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.13 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Samples: Indenture (Stone Energy Corp), Indenture (Stone Energy Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Indenture (Dex Media Inc), Indenture (Dex Media International Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Holdings shall deliver to the Trustee an Opinion of Counsel to the effect and an Officers’ Certificate certifying that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Indenture (Talos Energy Inc.), Supplemental Indenture (Talos Resources LLC)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 or the first sentence of Section 12.01 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX 12 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Indenture (Berry Global Group Inc), Indenture (Berry Plastics Group Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.12 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Samples: Indenture (Hs Resources Inc), Indenture (Hs Resources Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.14 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B F hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Samples: Indenture (BMG North America LTD), Indenture (Oxford Automotive Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which that is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.09 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Holdings shall deliver to the Trustee an Opinion of Counsel and an Officer’s Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Indenture (Graftech International LTD), Indenture (Graftech International LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel and an Officer’s Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.10 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officers’ Certificate certifying that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.18 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XIV and shall guarantee Guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.”
Appears in 2 contracts
Samples: First Supplemental Indenture (Swift Energy Co), First Supplemental Indenture (Swift Energy Co)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officer’s Certificate certifying that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Indenture (Rackspace Technology, Inc.), Indenture (Rackspace Technology, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 3.13, shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B Appendix A hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 4 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and as to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Alliant Techsystems Inc), Supplemental Indenture (Alliant Techsystems Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 5.20 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles principals of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Samples: Indenture (Eott Energy Finance Corp), Indenture (Eott Energy Finance Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11(b) shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 18 and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Samples: Indenture (Gannett Co., Inc.), Indenture (Gannett Co., Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.16 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (MSX International Business Services Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.15 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit Appendix B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note ObligationsObligations subject in all respects to Article XI hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Alamosa Holdings LLC)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.18 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture substantially in substantially the form of Exhibit B F hereto pursuant to which such Subsidiary Subsidi- ary shall become a Subsidiary Guarantor under this Article IX Section 10 and shall guarantee the Note Obligationsobligations of the Company under the Notes and the Indenture. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms. The supplemental indenture shall be executed by the Subsidiary which is required to become a Subsidiary Guarantor by an officer of such Subsidiary. In addition, the Company, all existing Subsidiary Guarantors and the Trustee shall execute such supplemental indenture.
Appears in 1 contract
Samples: Indenture (D&f Industries Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.10 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XIII and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 1024 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B A hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Fourteen and shall guarantee the Note Obligations, subject in all respects to Article Fifteen hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (General Media Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.12 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Samples: Indenture (Land O Lakes Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 1024 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture substantially in substantially the form of Exhibit B A hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Fourteen and shall guarantee the Note Obligations, subject in all respects to Article Fifteen hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Globix Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Samples: Indenture (Wki Holding Co Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.12 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XI and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Tv Guide Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officers’ Certificate certifying that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.18 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XIV and shall guarantee Guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.”
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 5.10 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: First Supplemental Indenture (Plains All American Pipeline Lp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officer’s Certificate certifying that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.09 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture substantially in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Obligations. Each Subsidiary Guarantor hereby authorizes the Company to execute such supplemental indenture on its behalf. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 1018 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto indenture pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Thirteen and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Queen Sand Resources Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.13 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B 105 hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XI and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Forest Oil Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.12 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Samples: Indenture (Land O Lakes Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.19 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Indenture and shall guarantee the Note ObligationsGuaranteed Obligations (as defined in such form of supplemental indenture). Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Samples: Indenture (Pride International Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.16 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XI and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.13 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Imperial Home Decor Group Holdings I LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which that is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.16 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (LTV Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.09 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that that:
(A) such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, authorized; and
(B) the Guarantee of such Subsidiary Guarantor is constitutes a legalvalid, valid binding and binding enforceable obligation of such Subsidiary GuarantorSubsidiary, enforceable against such Subsidiary Guarantor in accordance with its termsexcept insofar as enforcement thereof may be limited by bankruptcy, insolvency or similar laws (including all laws relating to fraudulent transfers) and except insofar as enforcement thereof is subject to general principles of equity.
Appears in 1 contract
Samples: Indenture (Rite Aid Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.13 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XI and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Canadian Forest Oil LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Samples: Indenture (Alliant Techsystems Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms. Section 9.07.
Appears in 1 contract
Samples: Third Supplemental Indenture (Rancho Holdings Gp LLC)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.06 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Argo Tech Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor pursuant to the first sentence of Section 5.05 hereof 12.01 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX 12 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Samples: Indenture (BPRex Delta Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 or the first sentence of Section 12.01 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture, substantially in substantially the form of Exhibit B hereto pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX 12 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Samples: Indenture (Berry Global Group, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which that is required to become a Subsidiary Guarantor pursuant to Section 5.05 4.15 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note ObligationsObligations subject in all respects to Article XI hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (Alamosa Holdings Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B A hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Second Supplemental Indenture (Sovereign Bancorp Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officers’ Certificate certifying that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Samples: Indenture (Talos Energy Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.15 shall, and the Issuers shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B F hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion Opinions of Counsel to the effect that such supplemental Indenture indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ ' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Samples: Indenture (MSX International Inc)