Incorporation by Reference from Indenture. Reference is hereby made to the following provisions of the Indenture which are incorporated in their entirety by reference herein as if set forth in their entirety herein, which are made applicable to this Note and which are binding upon the Company and enforceable by the Holder and the Trustee: Sections 4.04, 4.05, 4.06, 4.07 and 4.08. For purposes of these incorporated sections (both as stated herein and as incorporated herein), references to Section 4.03 of the Indenture shall be deemed references to Section 3(d) of this Note, references to Section 4.03(a) of the Indenture shall be deemed references to Section 3(d)(1) of this Note, references to Section 4.03(b) of the Indenture, and its subsections, shall be deemed references to Section 3(d)(2) of this Note, and its subsections and for purposes of Section 4.06 of the Indenture, the term Securities shall be defined to include the New Notes.
Appears in 3 contracts
Samples: Exchange Agreement (Avondale Inc), Avondale Inc, Avondale Inc
Incorporation by Reference from Indenture. Reference is hereby made to the following provisions of the Indenture which are incorporated in their entirety by reference herein as if set forth in their entirety herein, which are made applicable to this Note and which are binding upon the Company and enforceable by the Holder and the TrusteeHolder: Sections 4.04, 4.05, 4.06, 4.07 and 4.08. For purposes of these incorporated sections (both as stated herein and as incorporated herein), references to Section 4.03 of the Indenture shall be deemed references to Section 3(d) of this Note, references to Section 4.03(a) of the Indenture shall be deemed references to Section 3(d)(1) of this Note, references to Section 4.03(b) of the Indenture, and its subsections, shall be deemed references to Section 3(d)(2) of this Note, and its subsections and for purposes of Section 4.06 of the Indenture, the term Securities shall be defined to include the New Notes.
Appears in 3 contracts
Samples: Avondale Inc, Avondale Inc, Avondale Inc