Common use of Indenture Clause in Contracts

Indenture. The Company issued the Notes under an Indenture dated as of [ ], 2004 (“Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 6 contracts

Samples: Indenture (Intermedia Communications Inc), Indenture (Intermedia Communications Inc), Indenture (Digex Inc/De)

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Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 10, 2004 2001 (the "Indenture") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 3 contracts

Samples: Note Agreement (Dresser Inc), Note Agreement (Dresser Inc), Global Note (Dresser Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ], 2004 [ ], as amended or supplemented (“Indenture”) ), by and among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb) (the “TIA”). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act the TIA for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 3 contracts

Samples: Indenture (Physicians Management, LLC), Indenture (Physicians Management, LLC), Indenture (Physicians Management, LLC)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 20, 2004 (“Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 3 contracts

Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Mci Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]June 16, 2004 2006 (“Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 3 contracts

Samples: Indenture (Jacobs Entertainment Inc), Global Note (Colonial Downs, LLC), Global Note (Colonial Downs, LLC)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]August 18, 2004 2015 (the “Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb)Indenture. The Notes are subject to all such terms, and by acceptance hereof, in accordance with the Indenture, Holders agree to be bound by all of such terms as they may be amended from time to time. Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in Company. The Indenture does not limit the aggregate principal amountamount of Notes that may be issued thereunder.

Appears in 3 contracts

Samples: Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)

Indenture. The Company issued the Notes under an Indenture dated as of [ March [___], 2004 (the "Indenture") among the Company, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those these made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ ss.ss. 77aaa-77bbbb). The Notes are subject to all such termstexxx, and Holders are referred to the Indenture and such Act the TIA for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are secured obligations of the Company unlimited in aggregate principal amountpursuant to the Security Documents and subject to the terms of the Intercreditor Agreement.

Appears in 3 contracts

Samples: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 9, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 2 contracts

Samples: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

Indenture. The Company issued the Notes under an Indenture Indenture, dated as of [ ]June 25, 2004 2003 (the "Indenture”) "), among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 2 contracts

Samples: Indenture (Dominos Pizza Government Services Division Inc), Indenture (Dominos Inc)

Indenture. The Company issued the Notes under an the Indenture dated as of [ ]March 28, 2004 2016 (the “Indenture”) among the Company, the Subsidiary Guarantors listed therein 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 2 contracts

Samples: Indenture (Boyd Acquisition I, LLC), Indenture (Boyd Gaming Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]January 30, 2004 2003 (the "Indenture") among the Company, the Subsidiary Guarantors Guarantor 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, as amended (15 U.S. Code §§ ss.ss. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 2 contracts

Samples: Indenture (Fort James Corp), Indenture (Fort James Corp)

Indenture. The Company issued the this Note as one of a series of Notes issued under an Indenture dated as of [ ]October 1, 2004 2014 (the “Indenture”) among the Company, the Subsidiary Initial 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, as amended (15 U.S. Code §§ 77aaa-77bbbb)amended. The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.The

Appears in 2 contracts

Samples: Indenture (California Resources Corp), Indenture (Occidental Petroleum Corp /De/)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]May 3, 2004 2002 (the “Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 2 contracts

Samples: Indenture (Johnson Polymer Inc), Indenture (Johnson Polymer Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]July 1, 2004 2003 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are secured obligations of the Company. The Company unlimited in aggregate principal amountshall be entitled to issue Additional Notes pursuant to Section 2.13 of the Indenture.

Appears in 2 contracts

Samples: Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)

Indenture. The Company issued the Notes under an the Indenture dated as of [ ]June 25, 2004 2018 (the “Indenture”) among the Company, the Subsidiary Guarantors listed therein 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 2 contracts

Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]June 17, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are secured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 2 contracts

Samples: Indenture (H&e Finance Corp), Indenture (H&e Finance Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ], 2004 2003 (“Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 2 contracts

Samples: Indenture (Worldcom Inc), Indenture (Worldcom Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]May __, 2004 1999 ("Indenture") among between the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ (S)(S) 77aaa-77bbbb) (the "Trust Indenture Act"). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture indenture shall govern and be controlling. The Notes are obligations of the Company unlimited limited to $___ million in aggregate principal amountamount at maturity.

Appears in 1 contract

Samples: Indenture (Crown Castle International Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]December 12, 2004 2006 (the “Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Newmarket Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]March 21, 2004 2003 (the “Indenture”) among the Company, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those these made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of secured on a second-priority basis by the Company unlimited in aggregate principal amountLien created by the Security Documents pursuant to, and subject to the terms of, the Indenture and the Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (GXS Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]June 8, 2004 2001 ("Indenture") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations aggregate principal amount of the Company unlimited in aggregate principal amountNotes that may be authenticated and delivered under the Indenture is unlimited.

Appears in 1 contract

Samples: Indenture (Spanish Broadcasting System Inc)

Indenture. The Company issued the Notes under an Indenture Indenture, dated as of [ ]March 19, 2004 2003 (“Indenture”) ), among the Company, the Subsidiary Guarantors Parent Guarantor 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (La Quinta Properties Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]October 15, 2004 2012 (“Indenture”) among the Company, Holdings, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (TransDigm Group INC)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]December 20, 2004 2001 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a A2-3 statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company. The Company unlimited in aggregate principal amountshall be entitled to issue Additional Notes pursuant to Section 2.13 of the Indenture.

Appears in 1 contract

Samples: Indenture (Ipc Acquisition Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 24, 2004 2002 (the "Indenture") among the Company, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture Indenture, except Section 3.08 thereof, and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited [unlimited] in aggregate principal amount.

Appears in 1 contract

Samples: Senior Subordinated Notes Agreement (Tilia Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]December 23, 2004 2003 (“Indenture”) among ), between the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations Company shall be entitled, subject to its compliance with Section 4.09 of the Company unlimited in aggregate principal amountIndenture, to issue additional Notes pursuant to Section 2.14 of the Indenture.

Appears in 1 contract

Samples: Indenture (Asbury Automotive Group Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]May 3, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Corrections Corp of America)

Indenture. The Company Companies issued the Notes under an Indenture dated as of [ ]August 15, 2004 2003 ("Indenture") among the CompanyCompanies, the Subsidiary Guarantors guarantors party thereto (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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Twi Holdings Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 15, 2004 2008 (“Indenture”) among the Company, the guarantors party thereto (the “Subsidiary Guarantors 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Videotron Ltee)

Indenture. The Company issued the Notes under an Indenture dated as of [ ], 2004 2003 (“Indenture”"INDENTURE") among the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ ss.ss. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders Hxxxxxs are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Armstrong World Industries Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ [__________], 2004 2002 (the "Indenture") among between the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in limited to the aggregate principal amountamount of "Plan Notes" payable under the Plan.

Appears in 1 contract

Samples: Indenture (Usinternetworking Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]__________ __, 2004 2009 (the “Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb)amended. The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Energy XXI Gulf Coast, Inc.)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]May 22, 2004 2002 (the "Indenture") among between the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ ss.ss. 77aaa-77bbbb). The Notes are subject to all such termstermx, and xxd Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Cole National Corp /De/)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 20, 2004 2010 (“Indenture”) among the Company, the Subsidiary Guarantors guarantors party thereto (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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Global Note (Radiation Therapy Services Holdings, Inc.)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]June 16, 2004 2000 (“Indenture”the "INDENTURE") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Symons Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]May 21, 2004 2003 ("Indenture") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Microdyne Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]March 14, 2004 2001 ("Indenture") among between the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Dutchess County Cellular Telephone Co Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]June 2, 2004 2003 (the “Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Neomarkers Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 15, 2004 1999 ("Indenture”) among "), between the Company, the Subsidiary Guarantors CEI Systems, Inc. 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, as amended (15 U.S. Code §§ Section 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited limited in aggregate principal amount.aggregate

Appears in 1 contract

Samples: Indenture (Condor Systems Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]November 23, 2004 1999 (“Indenture”) among "INDENTURE"), between the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited limited in aggregate principal amount.aggregate

Appears in 1 contract

Samples: Indenture (Merrill Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]July 1, 2004 2003 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Danka Business Systems PLC)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]_________, 2004 2002 ("Indenture") among between the Company, the Subsidiary Guarantors its Subsidiaries 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited limited to [$33.35] million in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]December 12, 2004 2001 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ secs. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company. The Company unlimited in aggregate principal amountshall be entitled, subject to compliance with Section 4.09 of the Indenture, to issue additional notes pursuant to Section 2.13 of the Indenture.

Appears in 1 contract

Samples: Indenture (Om Group Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]August 12, 2004 2002 (the "Indenture") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Ziff Davis Intermediate Holdings Inc)

Indenture. The Company issued the Notes under an Indenture Indenture, dated as of [ ]June 22, 2004 2001 (the "Indenture”) "), among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbbss.sx. 00aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.initially limited

Appears in 1 contract

Samples: Indenture (Atwood Mobile Products Inc)

Indenture. The Company Companies issued the Notes under an Indenture dated as of [ ]__________, 2004 ("Indenture") among the Company, the Subsidiary Guarantors Companies 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited Companies limited to $200.0 million in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Sac Holding Corp)

Indenture. The Company issued the Notes under an Indenture Indenture, dated as of [ ]December 18, 2004 2003 (the “Indenture”) ), among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (BRP (Luxembourg) 4 S.a.r.l.)

Indenture. The Company has issued the Notes under an Indenture indenture dated as of [ ]June 2, 2004 (the "Indenture") among between the Company, the Subsidiary Guarantors Company 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, as amended 1939 (15 U.S. Code §§ 77aaa-77bbbb)U.S.C. Sections 77aaa-bbbb) as in effect on the date of the Indenture. The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured senior subordinated obligations of the Company unlimited Company. Unless otherwise defined herein, all capitalized terms shall have the meanings assigned to them in aggregate principal amountthe Indenture. 5.

Appears in 1 contract

Samples: Indenture (Aztar Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]December 23, 2004 2003 (“Indenture”) among between the Company, the Subsidiary Guarantors thereto 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations Company shall be entitled, subject to its compliance with Section 4.09 of the Company unlimited in aggregate principal amountIndenture, to issue additional Notes pursuant to Section 2.14 of the Indenture.

Appears in 1 contract

Samples: Indenture (Asbury Automotive Group Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]May 31, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Trico Marine Services Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]March 16, 2004 2007 (“Indenture”) among between the Company, the Subsidiary Guarantors specified therein 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Company shall be entitled to issue additional Notes are obligations pursuant to Section 2.14 of the Company unlimited in aggregate principal amountIndenture.

Appears in 1 contract

Samples: Indenture (Asbury Automotive Group Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 24, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Alltrista Corp)

Indenture. The Company issued the Notes under an Indenture Indenture, dated as of [ ]May 24, 2004 2017 (“Indenture”) ), among the Company, the Subsidiary Guarantors from time to time party thereto 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Great Lakes Dredge & Dock CORP)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]June 6, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Jondex Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]March 26, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountunsecured.

Appears in 1 contract

Samples: Indenture (Von Hoffmann Holdings Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]October 2, 2004 1997 ("Indenture") among between the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture indenture shall govern and be controlling. The Notes are general unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Axiohm Transaction Solutions Inc)

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Indenture. The Company issued the Notes under an Indenture dated as of [ ]October 6, 2004 2009 (“Indenture”) among the Company, Holdings, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (TransDigm Group INC)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]____________, 2004 1998 ("Indenture") among between the Company, the Subsidiary Guarantors its Subsidiaries 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited limited to $200.0 million in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Bulls Eye Marketing Inc /Ca/)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]July 1, 2004 2013 (“Indenture”) among the Company, Holdings, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (TransDigm Group INC)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]February 10, 2004 2005, as it may be amended from time to time (“Indenture”) the "INDENTURE"), among the Company, the Subsidiary Guarantors from time to time party thereto 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, as amended (15 U.S. Code §§ 77aaa-77bbbbthe "TIA"). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act the TIA for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in Company. The Indenture does not limit the aggregate principal amountamount of Notes that may be issued thereunder.

Appears in 1 contract

Samples: Indenture (Las Vegas Sands Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]July 30, 2004 2001 ("Indenture") among between the Company, the Subsidiary Guarantors thereto 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations Company shall be entitled, subject to its compliance with Section 4.09 of the Company unlimited in aggregate principal amountIndenture, to issue additional Notes pursuant to Section 2.14 of the Indenture.

Appears in 1 contract

Samples: Indenture (Airgas East Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 15, 2004 2002 ("Indenture") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company which may be issued in unlimited in aggregate principal amount.amounts from time to time subject to compliance with Section

Appears in 1 contract

Samples: Senior Subordinated Notes Agreement (Abco Markets Inc /Az/)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]June 6, 2004 2017 (the “Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Molina Healthcare Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]December 20, 2004 2001 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company. The Company unlimited in aggregate principal amountshall be entitled to issue Additional Notes pursuant to Section 2.13 of the Indenture.

Appears in 1 contract

Samples: Indenture (Ipc Acquisition Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 24, 2004 2002 (the "Indenture") among the Company, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture Indenture, except Sections 2.06(g) and 3.08 thereof, and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Senior Subordinated Notes Agreement (Jarden Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]November 4, 2004 2003 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Neighborcare Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]March 24, 2004 2010 (“Indenture”) among the Company, the Subsidiary Guarantors guarantors party thereto (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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Prestige Brands Holdings, Inc.)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]November 10, 2004 2015 (the “Indenture”) among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Molina Healthcare Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]January 29, 2004 (the "Indenture") among the Company, the Subsidiary Guarantors named on the signature pages thereto 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, as amended (15 U.S. Code §§ section 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are general obligations of the Company. The Company unlimited in aggregate principal amountwill be entitled to issue Additional Notes pursuant to Section 2.15 of the Indenture.

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]May 8, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ ss.ss. 77aaa-77bbbb). The Notes are subject to all such terms, and xxx Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company Company, unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Compton Petroleum Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]September 28, 2004 1999 (the "Indenture") among the Company, the Subsidiary Guarantors named on the signature pages thereto 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, as amended (15 U.S. Code §§ 77aaa-77bbbbsx.xx. 77aaa- 77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are general obligations of the Company. Subject to the provisions of the Indenture, the Company unlimited in aggregate principal amountmay issue Additional Notes under the Indenture.

Appears in 1 contract

Samples: Indenture (Sbarro Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]of__________, 2004 ("Indenture") among between the Company, the Subsidiary Guarantors listed on the signature page therein (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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited limited to $_____ million in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Amerco /Nv/)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]December 14, 2004 2010 (“Indenture”) among the Company, Holdings, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (TransDigm Group INC)

Indenture. The Company issued the Notes under an Indenture Indenture, dated as of [ ]August 11, 2004 2003 ("Indenture”) "), among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Aerojet Ordnance Tennessee Inc)

Indenture. The Company has issued the Notes under an Indenture indenture dated as of [ ]July 27, 2004 2001 (the "Indenture") among between the Company, the Subsidiary Guarantors Company 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, as amended 1939 (15 U.S. Code §§ 77aaa-77bbbb)U.S.C. Sections 77aaa-bbbb) as in effect on the date of the Indenture. The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured senior subordinated obligations of the Company unlimited Company. Unless otherwise defined herein, all capitalized terms shall have the meanings assigned to them in aggregate principal amountthe Indenture.

Appears in 1 contract

Samples: Indenture (Aztar Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]June 28, 2004 2002 ("Indenture") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ (Sections) 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Eer Systems Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]July 21, 2004 2000 (the "Indenture") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ (S)(S) 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Etesting Labs Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April ___, 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Block Communications Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]July 27, 2004 1998 ("Indenture") among the Company, the Subsidiary Guarantors named therein (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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture indenture shall govern and be controlling. The Notes are obligations of the Company that are unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Supplemental Indenture (Windmere Durable Holdings Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]August 12, 2004 2002 (the "Indenture") among the Company, the Subsidiary Guarantors named therein 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, as amended (15 U.S. Code §§ (S)(S) 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Ziff Davis Intermediate Holdings Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]March 23, 2004 2005, (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in aggregate principal amountCompany.

Appears in 1 contract

Samples: Indenture (Corrections Corp of America)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]November 2, 2004 2010 (“Indenture”) among the Company, the Subsidiary Guarantors guarantors party thereto (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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Hanger Orthopedic Group Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April , 2004 2002 (the "Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Block Communications Inc)

Indenture. The Company issued the Notes under an Indenture Indenture, dated as of [ ]January 28, 2004 2011 (“Indenture”) ), among the Company, the Subsidiary Guarantors from time to time party thereto 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, as amended (15 U.S. Code §§ 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Great Lakes Dredge & Dock CORP)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]April 24, 2004 2002 (the "Indenture") among the Company, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture Indenture, except Section 3.08 thereof, and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Jarden Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ], 2004 2003 (“Indenture”"INDENTURE") among the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ ss.ss. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders Hoxxxxx are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Armstrong World Industries Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]November 18, 2004 2002 ("Indenture") among the Company, the Subsidiary 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Amerisourcebergen Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]May 6, 2004 2003 ("Indenture") among the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb) (the "TIA"). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act the TIA for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Polyone Corp)

Indenture. The Company issued the Notes under an Indenture dated as of May [ ], 2004 2019 (the “Indenture”) among by and between the Company, the Subsidiary Guarantors Guarantor named therein 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, as amended (15 U.S. Code §§ 77aaa-77bbbb)amended. The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Note Purchase Agreement (Goodrich Petroleum Corp)

Indenture. The Company issued the Notes under an Indenture dated as of [ ]July 30, 2004 2001 ("Indenture") among between the Company, the Subsidiary Guarantors thereto 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, as amended (15 U.S. Code §§ xx.xx. 77aaa-77bbbb). The Notes are subject to all such A1-2 terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations Company shall be entitled, subject to its compliance with Section 4.09 of the Company unlimited in aggregate principal amountIndenture, to issue additional Notes pursuant to Section 2.14 of the Indenture.

Appears in 1 contract

Samples: Indenture (Airgas East Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ], 2004 __________ (the "Indenture") among between the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ 77aaa-77bbbbss.sx. 00aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Electroglas Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ [__________], 2004 2002 (the "Indenture") among between the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ Sections 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are unsecured obligations of the Company unlimited in limited to the aggregate principal amountamount of "Substitute Plan Notes" payable under the Plan.

Appears in 1 contract

Samples: Indenture (Usinternetworking Inc)

Indenture. The Company issued the Notes under an Indenture dated as of [ ], 2004 2003 ("Indenture") among the Company, the Subsidiary Guarantors Company 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, as amended (15 U.S. Code §§ ss.ss. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders Xxxxxrs are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are obligations of the Company unlimited in aggregate principal amount.

Appears in 1 contract

Samples: Indenture (Armstrong World Industries Inc)

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