INDENTURE AND COLLATERAL DOCUMENTS. The Issuers issued this Senior Note under an Indenture dated as of November 10, 2003, (as such may be amended, supplemented, waived and modified from time to time, the “Indenture”), by and among the Issuers, the Guarantors party thereto and the Trustee. The terms of this Senior Note include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture. This Senior Note is subject to all such terms, and the Holder of this Senior Note is referred to the Indenture and said Trust Indenture Act for a statement of them. The terms of the Indenture shall govern any inconsistencies between the Indenture and the Senior Notes or the Guarantee. The Senior Notes are secured by the Collateral (as defined in the Indenture) pursuant to the Collateral Documents and may be released pursuant to the terms thereof, subject to the terms of this Indenture. The Collateral Documents govern the rights in and to the Collateral of the holders from time to time of Senior Indebtedness and of the Trustee and the Holders. All capitalized terms in this Senior Note, unless otherwise defined, have the meanings assigned to them by the Indenture. Without limiting the foregoing, each Holder, by accepting this Senior Note, authorizes the Trustee on behalf of and for the benefit of each Holder, to execute each of the Collateral Document to which it is a party and to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents and authorizes the Trustee to appoint and direct the Collateral Agent (as defined in the Indenture) to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents in accordance with the provisions of the Intercreditor Agreement. The Senior Notes are secured obligations of the Issuers of up to $145,000,000 (excluding any Secondary Senior Notes that may be issued pursuant to paragraph 1 of this Note) in aggregate principal amount, subject to adjustment as provided in the Indenture. The Indenture imposes certain restrictions on, among other things, the Issuers’ ability to consolidate or merge with or into, or to transfer all or substantially all of its assets to, another person.
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Samples: Indenture (Superior Essex Inc)
INDENTURE AND COLLATERAL DOCUMENTS. The Issuers issued this Senior Note under an Indenture dated as of November 10[Plan Effective Date], 2003, 2003 (as such may be amended, supplemented, waived and modified from time to time, the “"Indenture”"), by and among the Issuers, the Guarantors party thereto and the Trustee. The terms of this Senior Note include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture. This Senior Note is subject to all such terms, and the Holder of this Senior Note is referred to the Indenture and said Trust Indenture Act for a statement of them. The terms of the Indenture shall govern any inconsistencies between the Indenture and the Senior Notes or the Guarantee. The Senior Notes are secured by the Collateral (as defined in the Indenture) pursuant to the Collateral Documents and may be released pursuant to the terms thereof, subject to the terms of this Indenture. The Collateral Documents govern the rights in and to the Collateral of the holders from time to time of Senior Indebtedness and of the Trustee and the Holders. All capitalized terms in this Senior Note, unless otherwise defined, have the meanings assigned to them by the Indenture. Without limiting the foregoing, each Holder, by accepting this Senior Note, authorizes the Trustee on behalf of and for the benefit of each Holder, to execute each of the Collateral Document to which it is a party and to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents and authorizes the Trustee to appoint and direct the Collateral Agent (as defined in the Indenture) to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents in accordance with the provisions of the Intercreditor Collateral Trust Agreement. The Senior Notes are secured obligations of the Issuers of up to $145,000,000 (excluding any Secondary Senior Notes that may be issued pursuant to paragraph 1 of this Note) in aggregate principal amount, subject to adjustment as provided in the Indenture. The Indenture imposes certain restrictions on, among other things, the Issuers’ ' ability to consolidate or merge with or into, or to transfer all or substantially all of its assets to, another person.
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Samples: Indenture (Essex Group Inc)
INDENTURE AND COLLATERAL DOCUMENTS. The Issuers issued this Senior Note the Notes under an Indenture dated as of November 10June 21, 20032024 (the “Indenture”) among Holdings, (as such may be amendedthe Issuers, supplemented, waived and modified the Subsidiary Guarantors party thereto from time to time, the “Indenture”), by and among the Issuers, the Guarantors party thereto Collateral Agent and the Trustee. The terms of this Senior Note the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture. This Senior Note is The Notes are subject to all such terms, and the Holder of this Senior Note is Holders are referred to the Indenture and said Trust Indenture Act for a statement of themsuch terms. The terms To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern any inconsistencies between and be controlling. The Notes are senior first lien obligations of the Indenture Issuers. The Notes and the Senior Notes Note Guarantees will be secured, subject to Permitted Liens, by a pledge of (i) all personal property of the Issuers and the Guarantors; (ii) all Equity Interests of the Issuers, the Guarantors (other than Holdings) and the direct Subsidiaries of the Issuers and the Guarantors and all intercompany notes owed to any Issuer or any of the Guarantee. The Senior Notes are secured Guarantors by any Issuer, the Collateral Guarantors or any of their respective Subsidiaries and (as defined iii) all proceeds of the foregoing, in the Indenture) each case, pursuant to the Collateral Documents and may be released pursuant referred to the terms thereof, subject to the terms of this Indenture. The Collateral Documents govern the rights in and to the Collateral of the holders from time to time of Senior Indebtedness and of the Trustee and the Holders. All capitalized terms in this Senior Note, unless otherwise defined, have the meanings assigned to them by the Indenture. Without limiting the foregoing, each Holder, by accepting this Senior Note, authorizes the Trustee on behalf of and for the benefit of each Holder, to execute each of the Collateral Document to which it is a party and to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents and authorizes the Trustee to appoint and direct the Collateral Agent (as defined in the Indenture) to be the agent for and representative of each Holder with respect to ; provided, that the Collateral and the Collateral Documents in accordance with the provisions of the Intercreditor Agreementshall not include any Excluded Property. The Senior Notes are secured obligations Indenture does not limit the aggregate principal amount of the Issuers of up to $145,000,000 (excluding any Secondary Senior Notes that may be issued pursuant to paragraph 1 of this Note) in aggregate principal amountthereunder, subject to adjustment as provided in however the Indenture. The Indenture imposes certain restrictions onlimitations on the ability of Holdings, the Issuers and the other Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, incur Indebtedness, enter into consensual restrictions upon the Issuers’ payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of certain capital stock of the Issuers and such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates, create or incur Liens and make Asset Sales. The Indenture also imposes limitations on the ability to consolidate or merge with or intoof Holdings, or to transfer all or substantially all of its assets to, another person.the Issuers and each Subsidiary
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Samples: Indenture (Virtu Financial, Inc.)
INDENTURE AND COLLATERAL DOCUMENTS. The Issuers issued this Senior Note under an Indenture dated as of November 10, 2003, 2003 (as such may be amended, supplemented, waived and modified from time to time, the “"Indenture”"), by and among the Issuers, the Guarantors party thereto and the Trustee. The terms of this Senior Note include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture. This Senior Note is subject to all such terms, and the Holder of this Senior Note is referred to the Indenture and said Trust Indenture Act for a statement of them. The terms of the Indenture shall govern any inconsistencies between the Indenture and the Senior Notes or the Guarantee. The Senior Notes are secured by the Collateral (as defined in the Indenture) pursuant to the Collateral Documents and may be released pursuant to the terms thereof, subject to the terms of this Indenture. The Collateral Documents govern the rights in and to the Collateral of the holders from time to time of Senior Indebtedness and of the Trustee and the Holders. All capitalized terms in this Senior Note, unless otherwise defined, have the meanings assigned to them by the Indenture. Without limiting the foregoing, each Holder, by accepting this Senior Note, authorizes the Trustee on behalf of and for the benefit of each Holder, to execute each of the Collateral Document to which it is a party and to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents and authorizes the Trustee to appoint and direct the Collateral Agent (as defined in the Indenture) to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents in accordance with the provisions of the Intercreditor Trust Agreement. The Senior Notes are secured obligations of the Issuers of up to $145,000,000 (excluding any Secondary Senior Notes that may be issued pursuant to paragraph 1 2 of this Note) $145,000,000 in aggregate principal amount, subject to adjustment as provided in the Indenture. The Indenture imposes certain restrictions on, among other things, the Issuers’ ' ability to consolidate or merge with or into, or to transfer all or substantially all of its assets to, another person.
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INDENTURE AND COLLATERAL DOCUMENTS. The Issuers Company issued this Senior Note under an Indenture dated as of November 10May [9], 2003, 2002 (as such may be amended, supplemented, waived and modified from time to time, the “"Indenture”), ") by and among the IssuersCompany, the Guarantors party thereto and the Trustee. The terms of this Senior Note include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture. This Senior Note is subject to all such terms, and the Holder of this Senior Note is referred to the Indenture and said Trust Indenture Act for a statement of them. The terms of the Indenture shall govern any inconsistencies between the Indenture and the Senior Notes or the Guarantee. The Senior Notes are secured by the Collateral (as defined in the Indenture) pursuant to the Collateral Documents and may be released pursuant to the terms thereof, subject to the terms of this Indenture. The Collateral Documents govern the rights in and to the Collateral of the holders from time to time of Senior Indebtedness and of the Trustee and the Holders. All capitalized terms in this Senior Note, unless otherwise defined, have the meanings assigned to them by the Indenture. Without limiting the foregoing, each Holder, by accepting this Senior Note, authorizes the Trustee on behalf of and for the benefit of each Holder, to execute each of the Collateral Document to which it is a party and to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents and authorizes the Trustee to appoint and direct the Collateral Agent (as defined in the Indenture) to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents in accordance with the provisions of the Intercreditor Agreement. The Senior Notes are secured obligations of the Issuers Company of up to $145,000,000 (excluding any Secondary Senior Notes that may be issued pursuant to paragraph 1 of this Note) 150,000,000 in aggregate principal amount, subject to adjustment as provided in the Indenture. The Indenture imposes certain restrictions on, among other things, the Issuers’ Company's ability to consolidate or merge with or into, or to transfer all or substantially all of its assets to, another person.
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INDENTURE AND COLLATERAL DOCUMENTS. The Issuers Company issued this Senior Note under an Indenture dated as of November 10[Plan Effective Date], 2003, 2003 (as such may be amended, supplemented, waived and modified from time to time, the “"Indenture”), ") by and among the IssuersCompany, the Guarantors party thereto and the Trustee. The terms of this Senior Note include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture. This Senior Note is subject to all such terms, and the Holder of this Senior Note is referred to the Indenture and said Trust Indenture Act for a statement of them. The terms of the Indenture shall govern any inconsistencies between the Indenture and the Senior Notes or the Guarantee. The Senior Notes are secured by the Collateral (as defined in the Indenture) pursuant to the Collateral Documents and may be released pursuant to the terms thereof, subject to the terms of this Indenture. The Collateral Documents govern the rights in and to the Collateral of the holders from time to time of Senior Indebtedness and of the Trustee and the Holders. All capitalized terms in this Senior Note, unless otherwise defined, have the meanings assigned to them by the Indenture. Without limiting the foregoing, each Holder, by accepting this Senior Note, authorizes the Trustee on behalf of and for the benefit of each Holder, to execute each of the Collateral Document to which it is a party and to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents and authorizes the Trustee to appoint and direct the Collateral Agent Trustee (as defined in the Indenture) to be the agent for and representative of each Holder with respect to the Collateral and the Collateral Documents in accordance with the provisions of the Intercreditor Collateral Trust Agreement. The Senior Notes are secured obligations of the Issuers Company of up to $145,000,000 (excluding any Secondary Senior Notes that may be issued pursuant to paragraph 1 of this Note) in aggregate principal amount, subject to adjustment as provided in the Indenture. The Indenture imposes certain restrictions on, among other things, the Issuers’ Company's ability to consolidate or merge with or into, or to transfer all or substantially all of its assets to, another person.
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