RECITALS OF THE GUARANTOR. The Guarantor has duly authorized the execution and delivery of this Agreement and has agreed to guarantee the Securities pursuant to the terms of the Indenture and this Agreement; All things necessary to make this Agreement a valid agreement of the Guarantor, in accordance with its terms, have been done.
RECITALS OF THE GUARANTOR. 1 ARTICLE ONE DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION
RECITALS OF THE GUARANTOR. The Company is a direct subsidiary of the Guarantor and the Guarantor desires to make the Guarantee provided for herein.
RECITALS OF THE GUARANTOR. The Subsidiary Guarantor has duly authorized the execution and delivery of this Indenture to provide for the guarantee of the Securities provided for herein; and all acts necessary to make this Indenture a valid agreement of the Guarantor, in accordance with its terms, have been performed. For all purposes of this Indenture, except as otherwise expressly provided or unless the context otherwise requires, capitalized terms used herein shall have the meanings assigned to them in Article One of this Indenture.
RECITALS OF THE GUARANTOR. The Guarantor has duly authorized the execution and delivery of this Indenture to provide for the guaranty of the Securities provided for herein; and all acts necessary to make this Indenture a valid agreement of the Guarantor have been performed.
RECITALS OF THE GUARANTOR. 1 ARTICLE ONE Definitions and Other Provisions of General Application
RECITALS OF THE GUARANTOR. The Guarantor has duly authorized the execution and delivery of this Indenture to provide for the Guarantee of the Securities provided for herein. All things necessary to make this Indenture a valid agreement of the Guarantor, in accordance with its terms, have been done.
RECITALS OF THE GUARANTOR. ........1 ARTICLE ONE Definitions and Other Provisions of General Application
....1 Section 102. Compliance Certificates and Opinions.........................
RECITALS OF THE GUARANTOR. Pursuant to a Second Amended and Restated Trust Agreement, dated as of March 23, 2016 (the “Trust Agreement”), among The Xxxxxxx Xxxxx Group, Inc., as Sponsor, the Property Trustee, the Delaware Trustee and the Administrative Trustees (each as named therein) and the holders from time to time of the Trust Securities and an Agreement of Merger, dated as of March 23, 2016 (the “Agreement of Merger”), between the Issuer Trust and the 2007 Trust, the Trust is issuing $1,750,000,000 aggregate liquidation amount of APEX. Pursuant to the 2012 Trust Declaration, the merger of the 2007 Trust into the Issuer Trust is subject to the satisfaction of certain terms and conditions, including that the Guarantor guarantee the obligations of the Issuer Trust under the Successor Securities (as defined therein) at least to the extent provided in the 2007 Guarantee Agreement. Pursuant to the Agreement of Merger, the Series E Preferred Stock of the Guarantor became the property of the Issuer Trust and was deposited with The Bank of New York Mellon, as Property Trustee under the Trust Agreement, as trust assets. The Guarantor desires to irrevocably and unconditionally agree, to the extent set forth herein, to pay to the Holders of the Apex the Guarantee Payments and to make certain other payments on the terms and conditions set forth herein.
RECITALS OF THE GUARANTOR. The Guarantor has duly authorized the Guarantees provided for herein, and to provide therefor the Guarantor has duly authorized the execution and delivery of this Indenture. All things necessary to make the Guarantees, when endorsed on the Debt Securities to which they relate and executed by the Guarantor, valid and binding obligations of the Guarantor and to make this Indenture a valid and binding agreement of the Guarantor, in accordance with their and its terms, have been done.
