Note Indenture. The Certificate Trustee, on behalf of the Certificate Issuer, shall have received a copy of the executed Note Indenture (certified by an Authorized Officer of the Note Issuer) which shall have been entered into by the Note Issuer and the Note Trustee.
Note Indenture. The Note Indenture has been duly authorized by the Note Issuer and, on the Issuance Date, will have been validly executed and delivered by the Note Issuer. When the Note Indenture has been duly executed and delivered by the Note Issuer, the Note Indenture will be a valid and binding agreement of the Note Issuer, enforceable against the Note Issuer in accordance with its terms except as (i) the enforceability thereof may be limited by bankruptcy, insolvency, moratorium, reorganization, fraudulent transfer and other laws relating to or affecting creditors' rights generally and (ii) the availability of equitable remedies may be limited by equitable principles of general applicability. On the Issuance Date, the Note Indenture will conform in all material respects to the requirements of the Trust Indenture Act, and the rules and regulations of the Commission applicable to an indenture which is qualified thereunder.
Note Indenture. The execution, delivery and performance of the Loan Documents and the provisions contained herein and therein do not contravene or conflict with, result in a breach or violation of, or constitute a default under any of the terms, conditions or provisions of the Holdings Note Indenture, the Holdings Notes, the 9 1/2% Note Indenture, the 9 1/2% Notes, the 1997 Floating and Fixed Rate Note Indentures, the 1997 Floating and Fixed Rate Notes, the 1998 Fixed Rate Note Indenture, the 1998 Fixed Rate Notes, the 1998 Floating Rate Loans or the 1998 Floating Rate Credit Agreement.
Note Indenture. 5.16 Parent.....................................................
Note Indenture. 34 Notes....................................... 34
Note Indenture. Fully-executed original counterparts of the Note Indenture, duly executed by the Company and the Trustee and evidence that such Note Indenture is in full force and effect and no term or condition thereof has been amended, modified or waived;
Note Indenture. The Company is not currently in default under or in violation of and, to the Knowledge of the Company, no event, fact or circumstance exists that would, with the giving of notice, the passage of time or both, cause a default under the Indenture between the Company and Regions Bank, as Trustee, dated as of November 26, 2002 (the “Note Indenture”) or any of the 10½% Senior Subordinated Notes due 2012 (the “Senior Subordinated Notes”) issued pursuant to the Note Indenture, and the consummation of the Information Restructuring will not constitute a violation of, cause a default under, or cause the occurrence of an event that with the giving of notice, the passage of time or both would cause a default under the Note Indenture or any of the Senior Subordinated Notes.
Note Indenture. This Note is subject to the Company’s Note Indenture dated 5/7/2019 , as if all the terms of the Note Indenture were set forth in this Note.
Note Indenture. The Indenture, dated as of May 9, 1995, by and among Terex, as issuer, the Guarantors named therein and the Trustee, in connection with and governing the rights of the holders of the Senior Secured Notes, as the same now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced.
Note Indenture. The Company has the requisite power and authority to execute and deliver the Note Indenture and to perform its obligations thereunder; and all corporate action required to be taken for the due and proper authorization, execution and delivery of the Note Indenture and the consummation of the transactions contemplated thereby has been duly and validly taken. The Note Indenture has been duly and validly authorized by the Company, and, when executed and delivered by the Company (assuming due authorization, execution, and delivery thereof by the Trustee), the Note Indenture will constitute a legal, valid and binding agreement of the Company enforceable against the Company in accordance with its terms, except that the enforcement thereof may be subject to (i) bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect relating to creditors’ rights generally and (ii) general principles of equity and the discretion of the court before which any proceeding therefor may be brought.
