Indenture and Subsidiary Guarantee Sample Clauses

Indenture and Subsidiary Guarantee. The Company issued the Notes under an Indenture, dated as of December 17, 2001 (the "Indenture"), among the Company, the Subsidiary Guarantors named therein and the Trustee. This Note is one of a duly authorized issue of Initial Notes of the Company designated as its 9-1/4% Senior Subordinated Notes due 2011. The Company shall be entitled to issue Additional Notes pursuant to Section 2.15 of the Indenture; provided, that such issuance is not prohibited by Section 4.13 of the Indenture. The Initial Notes issued on December 17, 2001, any Additional Notes, and any Private Exchange Notes and Exchange Notes issued pursuant to the Indenture are treated as a single class of securities under the Indenture. Capitalized terms herein are used as defined in the Indenture 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. Code ss.ss. 77aaa-77bbbb) (the "TIA"), ▇▇ in effect on the date of the Indenture. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and Holders of Notes are referred to the Indenture and the TIA Act for a statement of them. The Notes are general unsecured obligations of the Company. Payment on each Note is guaranteed on a senior subordinated basis by the Subsidiary Guarantors pursuant to Article Eleven of the Indenture. To the extent of any conflict between the terms of the Notes and the Indenture, the applicable terms of the Indenture shall govern.