Common use of Indentures; Note Guaranty Clause in Contracts

Indentures; Note Guaranty. This is one of the 2017 Notes issued as a series under an Indenture dated as of November 25, 2009 (as amended from time to time, the “Indenture”), among the Issuers, the Co-Issuer, the Guarantors party thereto, Wilmington Trust Company, as Trustee and Citibank, N.A., as Securities Administrator. Capitalized terms used herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture will control. The Notes are general unsecured obligations of the Issuers. The original aggregate principal amount of the Notes is $300,000,000, but Additional Notes of such series may be issued pursuant to the Indenture, and the originally issued Notes and all such Additional Notes vote together for all purposes as a single class. This Note is guarantied as set forth in the Indenture.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Inc.)

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Indentures; Note Guaranty. This is one of the 2017 Notes issued as a series under an Indenture dated as of November 2522, 2009 2021 (as amended from time to time, the “Indenture”), among between the Issuers, the Co-Issuer, the Guarantors party thereto, Wilmington Trust CompanyCompany and U.S. Bank National Association, as Trustee and Citibank, N.A., as Securities AdministratorTrustee. Capitalized terms used herein are used as defined in the Indenture unless otherwise indicated. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture ActIndenture. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture will control. The Notes are general unsecured obligations of the IssuersCompany. The Indenture limits the original aggregate principal amount of the Notes is to $300,000,000, 500,000,000 but Additional Notes of such series may be issued pursuant to the Indenture, and the originally issued Notes and all such Additional Notes vote together will be treated as a single class for all purposes under the Indenture and will vote together as a single classclass on all matters with respect to the Notes; provided, however, that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number. This Note is guarantied guaranteed, as set forth in the Indenture.

Appears in 1 contract

Samples: Indenture (UWM Holdings Corp)

Indentures; Note Guaranty. This is one of the 2017 Notes issued as a series under an Indenture dated as of November 253, 2009 2020 (as amended from time to time, the “Indenture”), among between the Issuers, the Co-Issuer, the Guarantors party thereto, Wilmington Trust CompanyCompany and U.S. Bank National Association, as Trustee and Citibank, N.A., as Securities AdministratorTrustee. Capitalized terms used herein are used as defined in the Indenture unless otherwise indicated. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture ActIndenture. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture will control. 1 Revise as appropriate for any Additional Notes The Notes are general unsecured obligations of the IssuersCompany. The Indenture limits the original aggregate principal amount of the Notes is to $300,000,000800,000,000, but Additional Notes of such series may be issued pursuant to the Indenture, and the originally issued Notes and all such Additional Notes vote together will be treated as a single class for all purposes under the Indenture and will vote together as a single classclass on all matters with respect to the Notes; provided, however, that if any such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number. This Note is guarantied guaranteed, as set forth in the Indenture.

Appears in 1 contract

Samples: Indenture (UWM Holdings Corp)

Indentures; Note Guaranty. This is one of the 2017 2019 Notes issued as a series under an Indenture dated as of November 25, 2009 (as amended from time to time, the “Indenture”), among the Issuers, the Co-Issuer, the Guarantors party thereto, Wilmington Trust Company, as Trustee and Citibank, N.A., as Securities Administrator. Capitalized terms used herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture will control. The Notes are general unsecured obligations of the Issuers. The original aggregate principal amount of the Notes is $300,000,000, but Additional Notes of such series may be issued pursuant to the Indenture, and the originally issued Notes and all such Additional Notes vote together for all purposes as a single class. This Note is guarantied as set forth in the Indenture.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Inc.)

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Indentures; Note Guaranty. This is one of the 2017 Notes issued as a series under an Indenture dated as of November October 25, 2009 2004 (as amended from time to time, the “Indenture”), among the Issuers, the Co-IssuerCompany, the Guarantors party thereto, Wilmington Trust Companyand JPMorgan Chase Bank, as Trustee and CitibankTrustee, N.A.X.X. Xxxxxx Trust Bank Ltd., as Securities AdministratorPrincipal Paying Agent and X.X. Xxxxxx Bank Luxembourg S.A., as Luxembourg Paying Agent and Transfer Agent. Capitalized terms used herein are used as defined in the Indenture unless otherwise indicated. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference Indenture, as may be amended from time to the Trust Indenture Acttime. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture will control. The Notes are general unsecured obligations of the IssuersCompany. The Indenture limits the original aggregate principal amount of the Notes is to $300,000,000200,000,000, but Additional Notes of such series may be issued pursuant to the Indenture, and the originally issued Notes and all such Additional Notes vote together for all purposes as a single class. This Note is guarantied guaranteed as set forth in the Indenture.

Appears in 1 contract

Samples: Indenture (Cosan Ltd.)

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