GUARANTEES OF SECURITIES. 60 SECTION 1501.
GUARANTEES OF SECURITIES. SECTION 9.01. Unconditional Guarantees 61 SECTION 9.02. Execution and Delivery of Notation of Guarantees 63 SECTION 9.03. Guarantors May Consolidate, etc., on Certain Terms 63 SECTION 9.04. Luxembourg: Guarantee Limitation 64 SECTION 9.05. Releases 64 SECTION 9.06. Subordination Agreement 65 ARTICLE X REDEMPTION SECTION 10.01. Notices to Trustee 65 SECTION 10.02. Selection of Securities to be Redeemed 65 SECTION 10.03. Notices to Holders 66 SECTION 10.04. Effect of Notices of Redemption 67 SECTION 10.05. Deposit of Redemption Price 67 SECTION 10.06. Securities Redeemed in Part 67 SECTION 10.07. Optional Redemption 67 SECTION 10.08. Tax Redemption 68 ARTICLE XI MISCELLANEOUS SECTION 11.01. Reserved] 69 SECTION 11.02. Notices 69 SECTION 11.03. [Reserved] 70 SECTION 11.04. Certificate and Opinion as to Conditions Precedent 70 SECTION 11.05. Statements Required in Certificate or Opinion 71 SECTION 11.06. Rules by Trustee and Agents 71 SECTION 11.07. Legal Holidays 71 SECTION 11.08. No Recourse Against Others 71 SECTION 11.09. Governing Law; Jury Trial Waiver 71 SECTION 11.10. Consent to Jurisdiction and Service of Process 72 SECTION 11.11. Waiver of Immunity 72 SECTION 11.12. Judgment Currency 72 SECTION 11.13. No Adverse Interpretation of Other Agreements 73 SECTION 11.14. Successors 73 SECTION 11.15. Severability 73 SECTION 11.16. Counterpart Originals 73 SECTION 11.17. U.S.A. Patriot Act 73 SECTION 11.18. Force Majeure 73 SECTION 11.19. Table of Contents, Headings, etc. 73 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 November 23, 2021, is among Nxxxxx Industries, Inc. a Delaware corporation (the “Company”), the Guarantors (as defined hereinafter) and Wilmington Trust, National Association, a national banking association as trustee (the “Trustee”). Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the Holders (as defined hereinafter) of $700,00,000 in aggregate principal amount of the Company’s 7.375% Senior Priority Guaranteed Notes due 2027 issued on the date hereof (the “Initial Securities”) and (ii) any Additional Securities (as defined herein) issued by the Company hereafter:
GUARANTEES OF SECURITIES. Section 12.01. Unconditional Guarantees 72 Section 12.02. Execution and Delivery of Notation of Guarantees 74 ARTICLE XIII
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 1601
GUARANTEES OF SECURITIES. SECTION 9.01. Unconditional Guarantees. 61 Page SECTION 9.02. Execution and Delivery of Notation of Guarantees. 63 SECTION 9.03. Releases of Guarantors. 64 ARTICLE X REDEMPTION SECTION 10.01. Notices to Trustee. 65
GUARANTEES OF SECURITIES. 42 ----------------------------------
GUARANTEES OF SECURITIES. Section 12.01. Unconditional Guarantees 67 Section 12.02. Execution and Delivery of Notation of Guarantees 69 ARTICLE XIII MISCELLANEOUS PROVISIONS 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").
GUARANTEES OF SECURITIES. SECTION 1501. Applicability of Article....................................................75 SECTION 1502.
GUARANTEES OF SECURITIES. Section 9.01 Applicability of Article 47 Section 9.02 Limitation on Subsidiary Guarantor Liability 48 Section 9.03 Jointly and Severally 48 Section 9.04 Unconditional Guarantees 48 ARTICLE X.
