GUARANTEES OF SECURITIES. 60 SECTION 1501.
GUARANTEES OF SECURITIES. SECTION 9.01. Unconditional Guarantees 59 SECTION 9.02. Execution and Delivery of Notation of Guarantees 61 SECTION 10.01. Notices to Trustee 61 SECTION 10.02. Selection of Securities to be Redeemed 62 SECTION 10.03. Notices to Holders 62 SECTION 10.04. Effect of Notices of Redemption 63 SECTION 10.05. Deposit of Redemption Price 63 SECTION 10.06. Securities Redeemed in Part 63 SECTION 10.07. Optional Redemption 63 SECTION 11.01. Trust Indenture Act Controls 64 SECTION 11.02. Notices 64 SECTION 11.03. Communication by Holders with Other Holders 65 SECTION 11.04. Certificate and Opinion as to Conditions Precedent 65 SECTION 11.05. Statements Required in Certificate or Opinion 66 SECTION 11.06. Rules by Trustee and Agents 66 SECTION 11.07. Legal Holidays 66 SECTION 11.08. No Recourse Against Others 66 SECTION 11.09. Governing Law 66 SECTION 11.10. Consent to Jurisdiction and Service of Process 66 SECTION 11.11. Waiver of Immunity 67 SECTION 11.12. Judgment Currency 67 SECTION 11.13. No Adverse Interpretation of Other Agreements 67 SECTION 11.14. Successors 68 SECTION 11.15. Severability 68 SECTION 11.16. Counterpart Originals 68 SECTION 11.17. U.S.A. Patriot Act 68 SECTION 11.18. Force Majeure 68 SECTION 11.19. Table of Contents, Headings, etc 68 EXHIBITS EXHIBIT A Form of Security A-1 EXHIBIT B Form of Certificate of Transfer B-1 EXHIBIT C Form of Certificate of Exchange C-1 THIS INDENTURE dated as of August 23, 2011, is among Xxxxxx Industries, Inc., a Delaware corporation (the “Company”), Xxxxxx Industries Ltd., a Bermuda exempted company (the “Guarantor”), Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”), and Citibank, N.A., a national banking association, as paying agent, registrar, securities custodian and authenticating agent (the “Securities Administrator”). Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the Holders of the Company’s 4.625% Senior Notes due 2021 issued on the date hereof (the “Initial Securities”), the Holders of any Additional Securities (as defined herein) issued hereafter and, if and when issued in exchange for the Initial Securities or any Additional Securities as provided in a Registration Rights Agreement (as hereinafter defined), the Company’s Exchange Securities (as hereinafter defined):
GUARANTEES OF SECURITIES. Section 12.01. Unconditional Guarantees 74 Section 12.02 Execution and Delivery of Notation of Guarantees 76
GUARANTEES OF SECURITIES. Any series of Securities may be guaranteed by one or more of the Guarantor and any other Guarantor. The terms and the form of any such Guarantee will be established in the manner contemplated by Section 2.02 for that particular series of Securities.
GUARANTEES OF SECURITIES. SECTION 9.01. Unconditional Guarantees. 61 SECTION 9.02. Execution and Delivery of Notation of Guarantees. 63 SECTION 9.03. Releases of Guarantors. 64 SECTION 10.01. Notices to Trustee. 65
GUARANTEES OF SECURITIES. 43 ----------------------------------
GUARANTEES OF SECURITIES. Section 9.01
GUARANTEES OF SECURITIES. Section 1601 Unconditional Guarantee 76 Section 1602 Execution and Delivery of Notation of Guarantee 78 Section 1603 Limitation on Guarantor Liability 78 Section 1604 Release of Guarantee 79 Section 1701 Applicability of Article; Agreement To Subordinate 79 Section 1702 Liquidation, Dissolution, Bankruptcy 80 Section 1703 Default on Senior Indebtedness 80 Section 1704 Acceleration of Payment of Securities 81 Section 1705 When Distribution Must Be Paid Over 81 Section 1706 Subrogation 81 Section 1707 Relative Rights 81 Section 1708 Subordination May Not Be Impaired by the Issuers 82 Section 1709 Rights of Trustee and Paying Agent 82 Section 1710 Distribution or Notice to Representative 82 Section 1711 Article Seventeen Not to Prevent Defaults or Limit Right to Accelerate 82 Section 1712 Trust Moneys Not Subordinated 82 Section 1713 Trustee Entitled to Rely 83 Section 1714 Trustee to Effectuate Subordination 83 Section 1715 Trustee Not Fiduciary for Holders of Senior Indebtedness 83 Section 1716 Reliance by Holders of Senior Indebtedness on Subordination Provisions 83 Section 1801 Applicability of Article; Agreement To Subordinate 84 Section 1802 Liquidation, Dissolution, Bankruptcy 84 Section 1803 Default on Guarantor Senior Indebtedness 84 Section 1804 Acceleration of Payment of Securities 85 Section 1805 When Distribution Must Be Paid Over 85 Section 1806 Subrogation 86 Section 1807 Relative Rights 86 Section 1808 Subordination May Not Be Impaired by Guarantor 86 Section 1809 Rights of Trustee and Paying Agent 86 Section 1810 Distribution or Notice to Representative 87 Section 1811 Article Eighteen Not to Prevent Defaults or Limit Right to Accelerate 87 Section 1812 Trustee Entitled to Rely 87 Section 1813 Trustee to Effectuate Subordination 87 Section 1814 Trustee Not Fiduciary for Holders of Guarantor Senior Indebtedness 88 Section 1815 Reliance by Holders of Guarantor Senior Indebtedness on Subordination Provisions 88 Section 1816 Trust Moneys Not Subordinated 88 This SUBORDINATED INDENTURE (the “Indenture”), dated as of [___], is among WXXXXXXX PARTNERS L.P., a Delaware limited partnership (the “Partnership”), WXXXXXXX PARTNERS FINANCE CORP., a Delaware corporation (“Finance Corp.,” and together with the Partnership, the “Issuers,” and each individually, an “Issuer”) and JPMORGAN CHASE BANK, N.A., a national banking association, duly organized and validly existing under the laws of the United States of America, as trustee (the “Trustee”).
GUARANTEES OF SECURITIES. Section 401. Unconditional Guarantee............................ 32 Section 402. Execution, Authentication and Delivery............. 33 ARTICLE FIVE SATISFACTION AND DISCHARGE
GUARANTEES OF SECURITIES. Section 12.01. Unconditional Guarantees 67 Section 12.02. Execution and Delivery of Notation of Guarantees 69 Section 13.01. Successors and Assigns of Company Bound by Indenture 69 Section 13.02. Acts of Board, Committee or Officer of Successor Company Valid 69 Section 13.03. Required Notices or Demands 69 Section 13.04. Indenture and Debt Securities to be Construed in Accordance with the Laws of the State of New York 70 Section 13.05. Officers' Certificate and Opinion of Counsel to be Furnished upon Application or Demand by the Company or Guarantor 71 Section 13.06. Payments Due on Legal Holidays 71 Section 13.07. Provisions Required by TIA to Control 71 Section 13.08. Computation of Interest on Debt Securities 71 Section 13.09. Rules by Trustee, Paying Agent and Xxxxxxxxx 00 Section 13.10. No Recourse Against Others 71 Section 13.11. Severability 72 Section 13.12. Effect of Headings 72 Section 13.13. Indenture May Be Executed in Counterparts 72 INDENTURE dated as of among Xxxxxx Resources, Inc., a Maryland corporation (the "Company"), Xxxxxx Resources of California, Inc., a California corporation (the "Guarantor"), and The Bank of New York Mellon, a New York banking corporation, as trustee (the "Trustee").
