NOTE GUARANTORS. BZ INTERMEDIATE HOLDINGS L.L.C., as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller BCT, INC., as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller XXXXX CORPORATION, as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller BOISE CASCADE TRANSPORTATION HOLDINGS CORP., as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller BOISE PACKAGING & NEWSPRINT, L.L.C., as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller 6 BOISE WHITE PAPER HOLDINGS CORP., as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller BOISE WHITE PAPER L.L.C., as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller BOISE WHITE PAPER SALES CORP., as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller INTERNATIONAL FALLS POWER COMPANY, as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller MINNESOTA, DAKOTA & WESTERN RAILWAY COMPANY, as Note Guarantor By: /s/ XXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxx Xxxxxxxxx Title: Vice President & Controller (Trustee Signature Page follows) THE TRUSTEE: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: /s/ XXXXXXX XXXXX COLLI Name: Xxxxxxx Xxxxx Xxxxx Title: Vice President SECOND SUPPLEMENTAL INDENTURE SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”), dated as of November 30, 2011, among Boise Packaging Holdings Corp., a Delaware corporation (the “Guaranteeing Subsidiary”), a subsidiary of Boise Paper Holdings, L.L.C., a Delaware limited liability company (“Boise Paper Holdings”), Boise Paper Holdings, Boise Co-Issuer Company, a Delaware corporation (“Boise Co-Issuer” and, together with Boise Paper Holdings, the “Issuers”), the other Note Guarantors (as defined in the Indenture referred to herein) and Xxxxx Fargo Bank, National Association, a national banking association, as trustee under the Indenture referred to below (the “Trustee”).
NOTE GUARANTORS. After the Issue Date, the Company shall cause each additional Note Guarantor to execute and deliver to the Trustee a Note Guarantee pursuant to which such Note Guarantor shall unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes on a senior subordinated basis, as set forth in the Indenture.
NOTE GUARANTORS. If (i) any Note Guarantor fails to comply with any payment obligation set forth in the Guaranty or if any Note Guarantor fails to comply with any of the covenants or other agreements set forth in the Guaranty or any other Loan Document to which it is a party beyond any applicable grace period provided for therein, or (ii) any representation or warranty made or deemed made by Note Guarantor in the Guaranty or any other Loan Document to which it is a party or which is contained in any exhibit, schedule or any other document or other statement furnished at any time under or in connection with the Guaranty or any of the other Loan Documents shall prove to have been incorrect in any material respect on or as of the date made or deemed made, or (iii) if Note Guarantor shall terminate, purport to terminate or take any steps which have the effect of decreasing its liability under the Guaranty.
NOTE GUARANTORS. 43 Article VIII Negative Covenants of the Company
NOTE GUARANTORS. (a) From and after the date hereof, the Company will cause each Subsidiary that Guarantees payment of any Bank Indebtedness (other than the CD&R Notes) to execute and deliver to each Holder of CD&R Notes an instrument pursuant to which such Subsidiary will Guarantee payment of the CD&R Notes pursuant to the Guarantee and Collateral Agreement (or, if requested by any Secured Party, one or more other Note Security Documents in form and substance reasonably satisfactory to the Secured Parties), whereupon such Subsidiary will become a Note Guarantor for all purposes under this Agreement.
NOTE GUARANTORS. Kansas City Southern; Gateway Eastern Railway Company; PABTEX GP, LLC; PABTEX I, L.P.; SIS Bulk Holding, Inc.; Southern Development Company; Southern Industrial Services, Inc.; and Trans-Serve, Inc. Schedule IV Issuer Free Writing Prospectus Issued May 27, 2008 The Kansas City Southern Railway Company $275,000,000 8.0% SENIOR NOTES DUE 2015 ------------------------- The following information supplements the Preliminary Prospectus Supplement of The Kansas City Southern Railway Company ("KCSR"), dated May 27, 2008, filed as part of Registration Statement Number 333-130112 in relation to the 8.0% Senior Notes due 2015.
NOTE GUARANTORS. (a) From and after the date hereof, the Company will cause each Subsidiary that Guarantees payment of any Bank Indebtedness to execute and deliver to each Holder of CD&R Barbados Notes an instrument pursuant to which such Subsidiary will Guarantee payment of the CD&R Barbados Notes pursuant to the Guarantee and Collateral Agreement (or, if requested by any Secured Party, one or more other Note Security Documents in form and substance reasonably satisfactory to the Secured Parties), whereupon such Subsidiary will become a Note Guarantor for all purposes under this Agreement.
NOTE GUARANTORS. The Issuer shall cause each Subsidiary that is a guarantor on the Issue Date, or becomes a guarantor, under the New Senior Subordinated Note Indenture, to execute and deliver to the Trustee either this Indenture on the Issue Date or a supplemental indenture, substantially in the form of Exhibit C, pursuant to which such Subsidiary shall become a Note Guarantor. In addition, if requested by the Trustee, such Subsidiary shall deliver to the Trustee an Opinion of Counsel to the effect that:
