Indenture Agreement. To the extent the terms of this Agreement are inconsistent or conflict with the terms of the Indenture, the terms of the Indenture Agreement shall supersede the terms hereof.
Indenture Agreement. The Indenture, dated as of August 2, 1993, between USL and M&I First National Bank, as Indenture Trustee, as the same may be supplemented, amended or modified from time to time.
Indenture Agreement. That certain indenture among Borrower, Resorts, New Pier and the Indenture Trustee, governing the issuance of the $180,000,000 in 11½% First Mortgage Notes due 2009, as the same may be amended, modified, or supplemented from time to time. Indenture Trustee - Bankers Trust Company and any successor trustee under the Indenture Agreement.
Indenture Agreement if Borrower or any Surety shall default beyond any grace period in the payment of principal or interest of any Indebtedness due under the Indenture Agreement, of if Borrower or Surety breaches or violates the terms of, or if a default (and expiration of any applicable cure period) occurs under the Indenture Agreement or any document executed in connection therewith; or
Indenture Agreement. Except as set forth in Schedule 5.15, all such contracts are valid, binding and enforceable and in full force and effect except to the extend that enforcement thereof may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or similar laws of general application relating to or affecting the enforcement of the rights of creditors and the application of general principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity). Except as set forth in Schedule 5.15, Drew is not in default which would give rise to a right of termination by the other party under any such contract and, to the best knowledge of Shareholders, there have been no claims of default and there are no existing factors or conditions which with the passage of time or giving of notice or both would constitute such a default or in any case in which such default would give rise to a right of termination by the other party thereto or which would result in any material cost, expense or penalty to Drew.
Indenture Agreement. This Bond is one of the bonds (the "Bonds"), limited to $____________ in principal amount, issued under the Trust Indenture dated as of ___________ (the "Indenture"), between the Issuer and _______________________________, as trustee (the "Trustee"). The terms of the Bonds include those in the Indenture. Bondholders are referred to the Indenture for a statement of those terms. When used with reference to the Bonds, the term "principal" includes any premium payable on those Bonds. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Indenture. The Issuer has entered into a Loan Agreement dated as of __________ (the "Agreement") with Gulf Power Company, a corporation organized and existing under the laws of the State of Maine and qualified and doing business as an electric utility in the State of ___________ (the "Company"). Under the provisions of the Agreement, the Issuer has loaned the proceeds of the Bonds of this series to the Company (the "Loan"). In order to evidence the Loan and the Company's obligation to repay the same, the Company has executed and delivered its non-negotiable promissory note (the "Note"). The Note provides for the repayment by the Company of the Loan, including interest thereon, in installments sufficient to pay the principal of, purchase price and premium, if any, and interest on the Bonds as the same shall become due and payable, and the Agreement further obligates the Company to pay the cost of operating, maintaining and repairing the Project (as hereinafter defined). The Note provides that the payments thereunder shall be paid directly to the Trustee as assignee of the Issuer. The Issuer has assigned its rights to such payments under the Agreement and the Note to the Trustee as security for the Bonds. The proceeds of the Bonds will be used to refund certain outstanding revenue bonds issued to refinance the interest of the Company in certain air and water pollution control and sewage and solid waste disposal facilities (the "Project") located at the _________ steam electric generating plant (the "Plant") in ---------------------. The Indenture, the Agreement and the Note may be amended, and references to them include any amendments. The Issuer has established a book-entry only system of registration for the Bonds (the "Book-Entry System"). Except as specifically provided otherwise in the Indenture, a Securities Depository (or its nominee) will be the registered owner of this Bo...
