Common use of Indenture and Guarantees Clause in Contracts

Indenture and Guarantees. The Company issued the Notes under an Indenture, dated as of February 16, 2005 (the “Indenture”), among the Company, the Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. §§ 77aaa-77bbbb) as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and Holders (as defined in the Indenture) are referred to the Indenture and the TIA for a statement of such terms and provisions. The Notes are senior unsecured obligations of the Company. This Note is one of the series of the Initial Notes that are referred to in the Indenture issued in an aggregate original principal amount of $250,000,000. The Notes include the Initial Notes and any Exchange Notes and Private Exchange Notes issued in exchange for Initial Notes. The Initial Notes, the Exchange Notes and the Private Exchange Notes are treated as a single class of Notes under the Indenture. The Initial Notes of each series and the Exchange Notes and Private Exchange Notes of the corresponding series are treated as a single series of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of the property of the Company. The Notes are guaranteed, on a senior unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with the terms of the Indenture.

Indenture and Guarantees. The Company issued the Notes under an Indenture, dated as of February 16, 2005 (the “Indenture”), among the Company, the Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. §§ 77aaa-77bbbb) as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and Holders (as defined in the Indenture) are referred to the Indenture and the TIA for a statement of such terms and provisions. The Notes are senior unsecured obligations of the Company. This Note is one of the series of the Initial Exchange Notes that are referred to in the Indenture issued in an aggregate original principal amount of $250,000,000Indenture. The Notes include the Initial Notes and any the Exchange Notes and any Private Exchange Notes issued in exchange for Initial Notes. The Initial Notes, the Exchange Notes and the Private Exchange Notes are treated as a single class of Notes under the Indenture. The Initial Notes of each series and the Exchange Notes and the Private Exchange Notes of the corresponding series are treated as a single series of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of the property of the Company. The Notes are guaranteed, on a senior unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with the terms of the Indenture.

Indenture and Guarantees. The Company issued the Notes under an Indenture, dated as of February 16March 15, 2005 2010 (the “Indenture”), among the Company, the Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. §§ 77aaa-77bbbb) as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and Holders (as defined in the Indenture) are referred to the Indenture and the TIA for a statement of such terms and provisions. The Notes are senior subordinated unsecured obligations of the Company. This Note is one of the series of the Initial Notes that are referred to in the Indenture issued in an aggregate original principal amount of $250,000,000625,000,000. The Notes include the Initial Notes issued on the Closing Date and any Exchange Notes and Private Exchange Notes issued in exchange for Initial Additional Notes. The Initial Notes issued on the Closing Date and Additional Notes, the Exchange Notes and the Private Exchange Notes if any, are treated as a single class of Notes under the Indenture. The Initial Notes of each series and the Exchange Notes and Private Exchange Notes of the corresponding series are treated as a single series of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of the property of the Company. The Notes are guaranteed, on a senior subordinated unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with the terms of the Indenture.

Indenture and Guarantees. The Company issued the Notes under an Indenture, dated as of February 16October 13, 2005 2010 (the “Indenture”), among the Company, the Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. §§ 77aaa-77bbbb) as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and Holders (as defined in the Indenture) are referred to the Indenture and the TIA for a statement of such terms and provisions. The Notes are senior unsecured obligations of the Company. This Note is one of the series of the Initial Notes that are referred to in the Indenture issued in an aggregate original principal amount of $250,000,000500,000,000. The Notes include the Initial Notes issued on the Closing Date and any Exchange Notes and Private Exchange Notes issued in exchange for Initial Additional Notes. The Initial Notes issued on the Closing Date and Additional Notes, the Exchange Notes and the Private Exchange Notes if any, are treated as a single class of Notes under the Indenture. The Initial Notes of each series and the Exchange Notes and Private Exchange Notes of the corresponding series are treated as a single series of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of the property of the Company. The Notes are guaranteed, on a senior unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with the terms of the Indenture.

Indenture and Guarantees. This Note is one of a duly authorized issue of Initial Notes of the Company designated as their 9 5/8% Series A Senior Notes due 2009. The Company shall be entitled to issue Additional Notes pursuant to Section 2.14 of the Indenture. The Initial Notes, any Additional Notes, and any Private Exchange Notes and Exchange Notes issued pursuant to the Notes Indenture are treated as a single class of Securities under an the Indenture, dated . Capitalized terms herein are used as of February 16, 2005 (defined in the “Indenture”), among the Company, the Guarantors and the TrusteeIndenture unless otherwise defined herein. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. §§ U.S. code Sections 77aaa-77bbbb) (the " TIA"), as in effect on the date of the Indenture (the “TIA”). Terms defined in the Indenture and used but not defined herein have the meanings ascribed thereto in the Indenture. The Notwithstanding anything to the contrary herein, the Notes are subject to all terms and provisions of the Indenturesuch terms, and Holders (as defined in the Indenture) of Notes are referred to the Indenture and the TIA for a statement of such terms and provisionsthem. The Notes are senior general unsecured obligations of the Company. This Note is one To the extent of any conflict between the terms of the series of the Initial Notes that are referred to in the Indenture issued in an aggregate original principal amount of $250,000,000. The Notes include the Initial Notes and any Exchange Notes and Private Exchange Notes issued in exchange for Initial Notes. The Initial Notes, the Exchange Notes and the Private Exchange Notes are treated as a single class of Notes under Indenture, the Indenture. The Initial Notes of each series and the Exchange Notes and Private Exchange Notes applicable terms of the corresponding series are treated as a single series of Notes under the Indenture. The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Restricted Subsidiaries, issue or sell shares of Capital Stock of such Restricted Subsidiaries, enter into or permit certain transactions with Affiliates and make asset sales. The Indenture also imposes limitations on the ability of the Company to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of the property of the Companyshall govern. The Notes are guaranteed, on a senior unsecured basis, by all existing and future Restricted Subsidiaries that are or shall become Guarantors in accordance with entitled to the terms benefits of the IndentureGuarantees by the Guarantors made for the benefit of the Holders. Reference is hereby made to the Indenture for a statement of the respective rights, limitations of rights, duties and obligations thereunder of the Trustee, the Holders and the Guarantors.