Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Title: Vice President No. promise to pay to or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1
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Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17January 29, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer2010 SIGNATURES VANGUARD HEALTH HOLDING COMPANY II, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee LLC By: /s/ Xxxxxx XXXXXX X. Xxxxxxx XXXXXXX Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxx Title: Executive Vice President VANGUARD HOLDING COMPANY II, INC. By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President VANGUARD HEALTH SYSTEMS, INC., as Guarantor By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President VANGUARD HEALTH HOLDING COMPANY I, LLC BHS PHYSICIANS ALLIANCE FOR ACE, LLC HOSPITAL DEVELOPMENT OF WEST PHOENIX, INC. XXXXXXX PHYSICIANS GROUP, LLC VANGUARD HEALTH FINANCIAL COMPANY, LLC VANGUARD HEALTH MANAGEMENT, INC. VHS ACQUISITION CORPORATION VHS ACQUISITION SUBSIDIARY NUMBER 1, INC. VHS ACQUISITION SUBSIDIARY NUMBER 2, INC. VHS ACQUISITION SUBSIDIARY NUMBER 5, INC. VHS ACQUISITION SUBSIDIARY NUMBER 7, INC. VHS ACQUISITION SUBSIDIARY NUMBER 8, INC. VHS ACQUISITION SUBSIDIARY NUMBER 9, INC. VHS ACQUISITION SUBSIDIARY NUMBER 10, INC. VHS ACQUISITION SUBSIDIARY NUMBER 11, INC. VHS ACQUISITION SUBSIDIARY NUMBER 12, INC. VHS CHICAGO MARKET PROCUREMENT, LLC VHS GENESIS LABS, INC. VHS HOLDING COMPANY, INC. VHS IMAGING CENTERS, INC. VHS OF ANAHEIM, INC. VHS OF ARROWHEAD, INC. VHS OF HUNTINGTON BEACH, INC. VHS OF ILLINOIS, INC. VHS OF ORANGE COUNTY, INC. VHS OF PHOENIX, INC. VHS OF SOUTH PHOENIX, INC. VHS OUTPATIENT CLINICS, INC. BAPTIST MEDICAL MANAGEMENT SERVICE ORGANIZATION, LLC HEALTHCARE COMPLIANCE, L.L.C. XXXXXXX HEALTH PROVIDERS, INC. XXXXXXX MANAGEMENT SERVICES, INC. PROS TEMPORARY STAFFING, INC. WATERMARK PHYSICIAN SERVICES, INC., as Guarantors By: /s. XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President VHS SAN ANTONIO PARTNERS, LLC, as Guarantor By: VHS Acquisition Subsidiary Number 5, Inc., its Member By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President THE ANAHEIM VHS LIMITED PARTNERSHIP, as Guarantor By: VHS of Anaheim, Inc., its General Partner By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President THE HUNTINGTON BEACH VHS LIMITED PARTNERSHIP, as Guarantor By: VHS of Huntington Beach, Inc., its General Partner By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President THE VHS ARIZONA IMAGING CENTERS LIMITED PARTNERSHIP, as Guarantor By: VHS Imaging Centers, Inc., its General Partner By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President Dated as of January 29, 2010 U.S. BANK NATIONAL ASSOCIATION By: /s/ XXXXXXX XXXXXXXX Authorized Signatory CUSIP/ISIN No. ______ $_________ promise to pay to CEDE & CO. or registered assigns, the principal sum of $ DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15February 1, 2018. Interest Payment Dates: March 15 February 1 and September 15 August 1 Record Dates: March 1 January 15 and September 1July 15 Dated: January 29, 2010 VANGUARD HEALTH HOLDING COMPANY II, LLC By: Name: Title: VANGUARD HOLDING COMPANY II, INC. By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: U.S. Bank National Association, as Trustee By: Authorized Signatory [Insert the Global Note Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture] Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
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Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. SIGNATURES Dated as of February 17October 27, 2011 REVEL2003 METALDYNE CORPORATION By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxxxxx ------------------------------------- Name: Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company Executive Vice President & CFO EACH OF THE GUARANTORS LISTED ON SCHEDULE I HERETO: By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxxxxx ------------------------------------- Name: Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxxxxx Title: Chief Financial OfficerVice President THE BANK OF NEW YORK, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx ------------------------------------- Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxx Title: Vice President No. promise to pay to or registered assignsAssistant Treasurer SCHEDULE I SCHEDULE OF GUARANTORS The following schedule list each Guarantor under the Indenture as of the date of the Indenture: ER Acquisition Corp. GMTI Holding Company Halyard Aviation Services, the principal sum Inc. MASG Disposition, Inc. MASX Energy Services Group, Inc. Metaldyne Accura Tool & Mold, Inc. Metaldyne Company LLC Metaldyne DuPage Die Casting Corporation Metaldyne Europe, Inc. Metaldyne Xxxxxx Precision Die Casting, Inc. Metaldyne Light Metals Company, Inc. Metaldyne Machining and Assembly Company, Inc. Metaldyne Precision Forming-Fort Xxxxx, Inc. Metaldyne Services, Inc. Metaldyne Sintered Components of DOLLARS Indiana, Inc. Metaldyne Sintered Components, LLC Metaldyne Tubular Products, Inc. Metaldyne U.S. Holding Co. Precision Headed Products, Inc. Punchcraft Company Xxxxx International, Inc. X.X. XxXxxxx & Co. Windfall Products, Inc. Windfall Specialty Powders, Inc. EXHIBIT A [(as such amount may be increased or decreased as set forth in the “Schedule Face of Exchanges of Interests in the Global Note” attached hereto)] on March 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1-------------------------------------------------------------------------------- CUSIP/CINS ____________
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Samples: Indenture (Metaldyne Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture Indenture, which have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17XXXXXX PUBLISHING GROUP, 2011 REVELLLC By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxx Title: Chief Financial OfficerVice President, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company Finance XXXXXX PUBLISHING FINANCE CO. By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxx Title: Chief Financial OfficerVice President, Treasurer and Secretary REVEL ATLANTIC CITYFinance YANKTON PRINTING COMPANY BROADCASTER PRESS, LLCINC. THE SUN TIMES, a New Jersey limited liability company LLC XXXXX NEWS, LLC LOG CABIN DEMOCRAT, LLC ATHENS NEWSPAPERS, LLC SOUTHEASTERN NEWSPAPERS COMPANY, LLC XXXXXXXX COMMUNICATIONS, INC. FLORIDA PUBLISHING COMPANY THE OAK RIDGER, LLC MPG ALLEGAN PROPERTY, LLC MPG HOLLAND PROPERTY, LLC By: Revel ACName: Xxxxx X. Xxxxxxxx Title: Vice President, LLCFinance SOUTHWESTERN NEWSPAPERS COMPANY, a New Jersey limited liability company, its sole member L.P. By: Revel ACXxxxxx Publishing Group, Inc., a Delaware corporation, LLC its sole member /s/ Xxxx Xxxxxxxxxx General Partner By: Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxx Title: Chief Financial OfficerVice President, Treasurer and Secretary REVEL ENTERTAINMENT GROUPFinance WILMINGTON TRUST FSB, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee and Collateral Agent By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. [ ] Title: [ ] Yankton Printing Company Broadcaster Press, Inc. The Sun Times, LLC Xxxxx News, LLC Log Cabin Democrat, LLC Athens Newspapers, LLC Southeastern Newspapers Company, LLC Xxxxxxxx Communications, Inc. Florida Publishing Company Southwestern Newspapers Company, L.P. The Oak Ridger, LLC MPG Allegan Property, LLC MPG Holland Property, LLC
1. Amarillo National Bank, X.X. Xxx 0, Xxxxxxxx, XX 00000
2. Bank of America, N.A., 000 0xx Xxxxxx, Mail Code WA1-501-08-21, Xxxxxxx, CCTS Title: Vice President NoXX 00000
3. promise to pay to or registered assignsFirst National Bank Alaska, the principal sum 0000 Xxxxxx Xxxxxx, Anchorage, AK 99510
4. Synovus Financial Corp., X.X. Xxx 000, Xxxxxxxx, XX 00000, for itself and on behalf of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule all of Exchanges of Interests in the Global Note” attached hereto)] on March 15its affiliates, 2018including, but not limited to, Columbus Bank and Trust Company, 0000 Xxxxxxxx, Xxxxxxxx, XX 00000
5. Interest Payment Dates: March 15 Wachovia Bank, National Association, Mail Address Code 1129-072, 000 Xxxxx Xxxxx Xxxxxx, Floor M-7, Charlotte, NC 28288
6. Xxxxx Fargo Bank, National Association, Mail Address Code N1794-013, 000 Xxxxx Xxxxxxxx Xxxxxx, 1st Floor, Sioux Falls, SD 57104
1. Southeastern Newspapers Company, LLC Juneau, AK 3100 Channel Drive, Juneau, AK
2. Athens Newspapers, LLC Xxxxxx County, GA 0 Xxxxx Xxxxx, Xxxxxx, XX 00000
3. Southeastern Newspapers Company, LLC Richmond County, GA 721, 723, 725-731 & 000-000 Xxxxx Xxxxxx, 000-000 Xxxxxxxx Xxxxxx and September 15 Record Dates: March 1 and September 1000 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000
4. Xxxxxx Publishing Group, LLC Shawnee County, KS 000 Xxxxxxxxx Xxxxxx, Xxxxxx, XX 00000
5. Xxxxxx Publishing Group, LLC Crow Wing County, MN 000 Xxxxx Xxxxxx NW, Brainerd, MN 56401
6. Southwestern Newspapers Company, XX Xxxxxx County, TX 000 Xxxxx Xxx Xxxxx & 000 Xxxxx Xxxxxxxx Xxxxxx, Amarillo, TX 79101
7. Southwestern Newspapers Company, LP Lubbock County, TX 702 & 000 Xxxxxx X, Xxxxxxx, XX 00000 8. Xxxxxx Publishing Group, LLC St. Xxxxx County, FL 0 Xxxx Xxxxx, Xx. Xxxxxxxxx, XX 00000
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Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table Contents and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. Dated as of February July 17, 2011 REVEL2015 TERRAFORM POWER OPERATING, LLC By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ACTERRAFORM POWER, LLC, a Delaware limited liability company Its Sole Member and Sole Manager By /s/ Xxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxx Title: Executive Vice President and Chief Financial Officer TERRAFORM POWER, LLC By /s/ Xxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxx Title: Executive Vice President and Chief Financial Officer TERRAFORM POWER, LLC By /s/ Xxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxx Title: Executive Vice President and Chief Financial Officer SUNEDISON CANADA YIELDCO, LLC SUNEDISON YIELDCO CHILE HOLDCO, LLC SUNEDISON YIELDCO ACQ1, LLC SUNEDISON YIELDCO DG–VIII HOLDINGS, LLC SUNEDISON YIELDCO UK HOLDCO 3, LLC SUNEDISON YIELDCO UK HOLDCO 4, LLC SUNEDISON YIELDCO UK HOLDCO 2, LLC SUNEDISON YIELDCO DG HOLDINGS, LLC SUNEDISON YIELDCO XXXXXX HOLDCO, LLC SUNEDISON YIELDCO REGULUS HOLDINGS, LLC SUNEDISON YIELDCO ACQ2, LLC SUNEDISON YIELDCO ACQ3, LLC SUNEDISON YIELDCO ACQ9, LLC SUNEDISON YIELDCO ACQ4, LLC SUNEDISON YIELDCO ACQ5, LLC SUNEDISON YIELDCO, ENFINITY HOLDINGS, LLC SUNEDISON YIELDCO, DGS HOLDINGS, LLC SUNEDISON YIELDCO ACQ7, LLC SUNEDISON YIELDCO ACQ8, LLC SUNEDISON YIELDCO ACQ6, LLC TERRAFORM POWER IVS I HOLDINGS, LLC TERRAFORM LPT ACQ HOLDINGS, LLC TERRAFORM SOLAR HOLDINGS, LLC TERRAFORM CD ACQ HOLDINGS, LLC TERRAFORM UK1 ACQ HOLDINGS, LLC TERRAFORM REC ACQ HOLDINGS, LLC TERRAFORM SOLAR XVII ACQ HOLDINGS, LLC TERRAFORM FIRST WIND ACQ, LLC By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITYTERRAFORM POWER OPERATING, LLC, a New Jersey limited liability company its Sole Member and Sole Manager By: Revel ACTERRAFORM POWER, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member Sole Member and Sole Manager By /s/ Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxx Title: Executive Vice President and Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary Officer U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. / s/ Xxxxxxx Xxxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxx Xxxxxxxx Title: Vice President No. promise ___ $___________ promises to pay to or registered assigns, the principal sum of __________________________________________________________ DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March June 15, 20182025. Interest Payment Dates: March June 15 and September December 15 Record Dates: March June 1 and September 1December 1 Dated: _______________ TERRAFORM POWER OPERATING LLC By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: U.S. Bank National Association, as Trustee By: Authorized Signatory Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (TerraForm Power, Inc.)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture Indenture, which have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17XXXXXX PUBLISHING GROUP, 2011 REVELLLC By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxx Title: Chief Financial OfficerSenior Vice President, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company Finance XXXXXX PUBLISHING FINANCE CO. By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxx Title: Chief Financial OfficerSenior Vice President, Treasurer and Secretary REVEL ATLANTIC CITYFinance YANKTON PRINTING COMPANY BROADCASTER PRESS, LLCINC. THE SUN TIMES, a New Jersey limited liability company LLC XXXXX NEWS, LLC LOG CABIN DEMOCRAT, LLC ATHENS NEWSPAPERS, LLC SOUTHEASTERN NEWSPAPERS COMPANY, LLC XXXXXXXX COMMUNICATIONS, INC. FLORIDA PUBLISHING COMPANY THE OAK RIDGER, LLC MPG ALLEGAN PROPERTY, LLC MPG HOLLAND PROPERTY, LLC By: Revel ACName: Xxxxx X. Xxxxxxxx Title: Senior Vice President, LLCFinance SOUTHWESTERN NEWSPAPERS COMPANY, a New Jersey limited liability company, its sole member L.P. By: Revel ACXxxxxx Publishing Group, Inc., a Delaware corporation, LLC its sole member /s/ Xxxx Xxxxxxxxxx General Partner By: Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxx Title: Chief Financial OfficerSenior Vice President, Treasurer and Secretary REVEL ENTERTAINMENT GROUPFinance WILMINGTON TRUST FSB, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee and Collateral Agent By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx Xxxxxxx X. Xxxxxxx, CCTS Xxxxx Title: Vice President NoYankton Printing Company Broadcaster Press, Inc. The Sun Times, LLC Xxxxx News, LLC Log Cabin Democrat, LLC Athens Newspapers, LLC Southeastern Newspapers Company, LLC Xxxxxxxx Communications, Inc. Florida Publishing Company Southwestern Newspapers Company, L.P. The Oak Ridger, LLC MPG Allegan Property, LLC MPG Holland Property, LLC
1. promise to pay to or registered assignsAmarillo National Bank, the principal sum X.X. Xxx 0, Xxxxxxxx, XX 00000
2. Bank of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule America, N.A., 000 0xx Xxxxxx, Mail Code WA1-501-08-21, Xxxxxxx, XX 00000
3. First National Bank Alaska, 0000 Xxxxxx Xxxxxx, Anchorage, AK 99510
4. Synovus Financial Corp., X.X. Xxx 000, Xxxxxxxx, XX 00000, for itself and on behalf of Exchanges all of Interests in the Global Note” attached hereto)] on March 15its affiliates, 2018including, but not limited to, Columbus Bank and Trust Company, 0000 Xxxxxxxx, Xxxxxxxx, XX 00000
5. Interest Payment Dates: March 15 Wachovia Bank, National Association, Mail Address Code 1129-072, 000 Xxxxx Xxxxx Xxxxxx, Floor M-7, Charlotte, NC 28288
6. Xxxxx Fargo Bank, National Association, Mail Address Code N1794-013, 000 Xxxxx Xxxxxxxx Xxxxxx, 1st Floor, Sioux Falls, SD 57104
1. Southeastern Newspapers Company, LLC Juneau, AK 3100 Channel Drive, Juneau, AK
2. Athens Newspapers, LLC Xxxxxx County, GA 0 Xxxxx Xxxxx, Xxxxxx, XX 00000
3. Southeastern Newspapers Company, LLC Richmond County, GA 721, 723, 725-731 & 000-000 Xxxxx Xxxxxx, 000-000 Xxxxxxxx Xxxxxx and September 15 Record Dates: March 1 and September 1000 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000
4. Xxxxxx Publishing Group, LLC Shawnee County, KS 000 Xxxxxxxxx Xxxxxx, Xxxxxx, XX 00000
5. Xxxxxx Publishing Group, LLC Crow Wing County, MN 000 Xxxxx Xxxxxx NW, Brainerd, MN 56401
6. Southwestern Newspapers Company, XX Xxxxxx County, TX 000 Xxxxx Xxx Xxxxx & 000 Xxxxx Xxxxxxxx Xxxxxx, Amarillo, TX 79101 7. Southwestern Newspapers Company, LP Lubbock County, TX 702 & 000 Xxxxxx X, Xxxxxxx, XX 00000 8. Xxxxxx Publishing Group, LLC St. Xxxxx County, FL 0 Xxxx Xxxxx, Xx. Xxxxxxxxx, XX 00000
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 111 SIGNATURES Dated as of February 17June 22, 2011 REVEL2004 IASIS HEALTHCARE LLC By: a Delaware corporation /s/ W. Xxxx Xxxxxxxxxx Xxxxxxx ----------------------------------- Name: W. Xxxx Xxxxxxxxxx Xxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company Officer IASIS CAPITAL CORPORATION By: Revel AC, Inc., a Delaware corporation, its sole member /s/ W. Xxxx Xxxxxxxxxx Xxxxxxx ----------------------------------- Name: W. Xxxx Xxxxxxxxxx Xxxxxxx Title: Chief Financial OfficerOfficer MEMORIAL HOSPITAL OF TAMPA, Treasurer and Secretary REVEL ATLANTIC CITYLP MESA GENERAL HOSPITAL, LLCLP PALMS OF PASADENA HOSPITAL, a New Jersey limited liability company LP SOUTHWEST GENERAL HOSPITAL, LP ST. LUKE'S BEHAVIORAL HOSPITAL, LP ST. LUKE'S MEDICAL CENTER, LP TEMPE ST. LUKE'S HOSPITAL, LP TOWN & COUNTRY HOSPITAL, LP By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel ACIASIS Healthcare Holdings, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee General Partner By: /s/ Xxxxxx Xxxxx X. Xxxxxxx Xxxxx ------------------------------- Name: Xxxxx X. Xxxxx Title: Secretary SEABOARD DEVELOPMENT LLC By: /s/ Xxxxx X. Xxxxx ----------------------------------- Name: Xxxxx X. Xxxxx Title: Secretary INDENTURE ARIZONA DIAGNOSTIC & SURGICAL CENTER, INC. BROOKWOOD DIAGNOSTIC CENTER OF TAMPA, INC. IASIS PHYSICIAN SERVICES, INC. CLINICARE OF TEXAS, INC. IASIS HOME INFUSION AND MEDICAL EQUIPMENT, INC. IASIS TRANSCO, INC. MCS/AZ, INC. PALMS OF PASADENA HOMECARE, INC. TAMPA BAY STAFFING SOLUTIONS, INC. BAPTIST JOINT VENTURE HOLDINGS, INC. BEAUMONT HOSPITAL HOLDINGS, INC. BILTMORE SURGERY CENTER HOLDINGS, INC. CLINICARE OF UTAH, INC. XXXXX HOSPITAL HOLDINGS, INC. XXXXX SURGICAL CENTER HOLDINGS, INC. FIRST CHOICE PHYSICIANS NETWORK HOLDINGS, INC. IASIS FINANCE, INC. IASIS HEALTHCARE HOLDINGS, INC. IASIS HOSPITAL NURSE STAFFING COMPANY IASIS MANAGEMENT COMPANY JORDAN VALLEY HOSPITAL HOLDINGS, INC. METRO AMBULATORY SURGERY CENTER, INC. PIONEER VALLEY HEALTH PLAN, INC. PIONEER VALLEY HOSPITAL, INC. ROCKY MOUNTAIN MEDICAL CENTER, INC. SALT LAKE REGIONAL MEDICAL CENTER, INC. SOUTHRIDGE PLAZA HOLDINGS, INC. SSJ ST. PETERSBURG HOLDINGS, INC. BILTMORE SURGERY CENTER, INC. NORTH VISTA HOSPITAL, INC. By: /s/ Xxxxx Xxxxx --------------------------------- Name: Xxxxx X. Xxxxx Title: Secretary THE BANK OF NEW YORK TRUST COMPANY, N.A., AS TRUSTEE By: /s/ Xxxxxxxxx X. Xxxxxx --------------------------------- Name: Xxxxxxxxx X. Xxxxxxx, CCTS Xxxxxx Title: Vice President EXHIBIT A1 [Face of Note] CUSIP/CINS ___________ 8 3/4% Senior Subordinated Notes due 2014 No. promise ___ $____________ IASIS HEALTHCARE LLC IASIS CAPITAL CORPORATION promises to pay to to____________________ or registered assigns, the principal sum of ________________________________________________ DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March June 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 12014.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. SIGNATURES Dated as of February 17June 6, 2011 REVEL2002 TRIMAS CORPORATION By: a Delaware corporation /s/ R. Xxxxxxx Xxxxxxx ----------------------------------- Name: R. Xxxxxxx Xxxxxxx Title: Secretary EACH OF THE GUARANTORS LISTED ON SCHEDULE I HERETO: By: /s/ R. Xxxxxxx Xxxxxxx ----------------------------------- Name: R. Xxxxxxx Xxxxxxx Title: Secretary EACH OF THE GUARANTORS LISTED ON SCHEDULE II HERETO: By: /s/ Xxxx Xxxxxxxxxx X. Xxxxxx ----------------------------------- Name: Xxxx Xxxxxxxxxx X. Xxxxxx Title: Chief Financial OfficerTHE BANK OF NEW YORK, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Illegible ----------------------------------- Name: Xxxxxx X. Xxxxxxx, CCTS Title: Vice President No. promise to pay to or registered assignsSCHEDULE I SCHEDULE OF GUARANTORS The following schedules list each Guarantor under the Indenture as of the date of the Indenture: Arrow Engine Company Commonwealth Industries LLC Compac Corporation Consumer Products, the principal sum Inc Cuyam Corporation Di-Rite Company Draw-Tite, Inc. Entegra Fastener Corporation Xxxxxx Performance Products, Inc. Hitch 'N Post, Inc. Keo Cutters, Inc. K.S. Disposition, Inc. Lake Erie Screw Corporation Monogram Aerospace Fasteners, Inc. Netcong Investments, Inc. NI Foreign Military Sales Corp. NI Industries, Inc. NI West, Inc. Xxxxxx Cylinder Company Xxxxxx Environmental Services, Inc. Xxxxxx Industries, Inc. Plastic Form, Inc. Xxxxx Products, Inc. Xxxxx Spline Products, Inc. Xxxxxxxx Micro-Tool, Inc. Xxxxx Corporation Xxxxx Leasing Co., Incorporated Xxxxx of DOLLARS Indiana, Inc. Xxxxx of Mexico, Inc. TriMas Company LLC TriMas Fasteners, Inc. TriMas Services Corp. Wesbar Corporation SCHEDULE II Beaumont Bolt & Gasket, Inc. Industrial Bolt & Gasket, Inc. Xxxxxx Metal Gasket Co. Louisiana Hose & Rubber Co.
II-1 EXHIBIT A1 [(as such amount may be increased or decreased as set forth in the “Schedule Face of Exchanges of Interests in the Global Note” attached hereto)] on March 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1-------------------------------------------------------------------------------- CUSIP/CINS ____________
Appears in 1 contract
Samples: Indenture (Trimas Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17, 2011 REVELANDEAVOR LOGISTICS LP By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ACTesoro Logistics GP, LLC, a Delaware limited liability company its general partner By: Revel AC/s/ Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx Vice President and Treasurer TESORO LOGISTICS FINANCE CORP. By: /s/ Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx Vice President and Treasurer GREEN RIVER PROCESSING, Inc.LLC, a Delaware corporationANDEAVOR FIELD SERVICES LLC, ANDEAVOR MIDSTREAM PARTNERS GP LLC, ANDEAVOR MIDSTREAM PARTNERS OPERATING LLC, ANDEAVOR GATHERING I LLC, TESORO ALASKA PIPELINE COMPANY LLC, TESORO ALASKA TERMINALS LLC, TESORO HIGH PLAINS PIPELINE COMPANY LLC, TESORO LOGISTICS NORTHWEST PIPELINE LLC, TESORO LOGISTICS OPERATIONS LLC, TESORO LOGISTICS PIPELINES LLC, TESORO SOCAL PIPELINE COMPANY LLC WESTERN REFINING PIPELINE, LLC WESTERN REFINING WHOLESALE, LLC WESTERN REFINING TERMINALS, LLC WNRL FINANCE CORP. WNRL ENERGY GP, LLC WNRL ENERGY, LLC WESTERN REFINING PRODUCT TRANSPORT, LLC By: /s/ Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx Vice President and Treasurer ANDEAVOR MIDSTREAM PARTNERS LP, By: Andeavor Midstream Partners GP LLC, its general partner By: /s/ Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx Vice President and Treasurer RENDEZVOUS PIPELINE COMPANY, LLC, By: Andeavor Gathering I LLC, its sole member and sole manager By: /s/ Xxxx Xxxxxxxxxx NameXxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx Vice President and Treasurer WESTERN REFINING LOGISTICS, LP By: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITYWestern Refining Logistics GP, LLC, a New Jersey limited liability company its general partner By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx Vice President and Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxx Xxxxxxxx Title: Vice President Exhibit A FORM OF 2022 NOTE Exhibit B FORM OF 2027 NOTE Exhibit C FORM OF 2047 NOTE Exhibit D FORM OF SUPPLEMENTAL INDENTURE – ADDITIONAL SUBSIDIARY GUARANTEES [Insert the Global Note Legends, if applicable, pursuant to the provisions of the Indenture] [THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO ARTICLE II OF THE INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE ISSUERS OR ANY SUCCESSOR THERETO. UNLESS THIS NOTE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE), TO THE ISSUERS OR ANY SUCCESSOR THERETO OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITARY (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITARY), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.] No. Andeavor Logistics LP, a Delaware limited partnership (“Andeavor Logistics”) and Tesoro Logistics Finance Corp., a Delaware corporation (“Finance Corp.” and together with Andeavor Logistics, the “Issuers”), promise to pay to Cede & Co, or registered assigns, the principal sum of DOLLARS Dollars on December 1, 2022 [(or such greater or lesser amount as such amount may be increased or decreased as set forth in the “indicated on Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15, 2018. A hereto].1 Interest Payment Dates: March 15 June 1 and September 15 December 1, commencing on June 1, 2018. Record Dates: March May 15 and November 15. Additional provisions of this Note are set forth on the other side of this Note. ANDEAVOR LOGISTICS LP By: Tesoro Logistics GP, LLC, its general partner By: Name: Xxxxxxx X. Xxxxxxxx Title: Vice President and Treasurer TESORO LOGISTICS FINANCE CORP. By: Name: Xxxxxxx X. Xxxxxxxx Title: Vice President and Treasurer 1 and September 1If this Note is a Global Note, include this provision. This is one of the Global Notes referred to in the within-mentioned Indenture: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Dated: Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (Andeavor Logistics Lp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17WXXXX FARGO BANK, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Nxxxxx Xxxxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Nxxxxx Xxxxxxxxx Title: Vice President COMPLETE PRODUCTION SERVICES, INC. By: /s/ J. Xxxxxxx Xxxxx Name: J. Xxxxxxx Xxxxx Title: Senior Vice President and Chief Financial Officer A&W WATER SERVICE, INC. ADVANCED COILED TUBING, INC. BELL SUPPLY I, L.P. BIG MAC TANK TRUCKS, LLC BIG MAC TRUCKING COMPANY, INC. BSI HOLDINGS MANAGEMENT, LLC BSI HOLDINGS, LP CES HOLDINGS LLC CES MID-CONTINENT HXXX, INC. CES ROCKIES, INC. COMPLETE ENERGY SERVICES, LLC FEMCO SWD, INC. FUGO SERVICES, LLC GREASEWOOD, LLC GUARD DRILLING MUD DISPOSAL, INC. HXXX & PXXXXXXX SERVICE COMPANY, INC. HXXX MANAGEMENT CO. HXXXXX ENTERPRISES, INC. I.E. MXXXXX SERVICES GP, L.L.C. I.E. MXXXXX SERVICES LP, L.L.C. I.E. MXXXXX SERVICES, L.P. I.E. MXXXXX SERVICES, LLC INTEGRATION PRODUCTION SERVICES, LLC LEED TOOL CORPORATION LXXX XXXXX WELL SERVICE, LLC MGM WELL SERVICES, INC. MONUMENT WELL SERVICE CO. OIL TOOL RENTALS, CO. PARCHMAN ENERGY GROUP, LLC PARCHMAN ENERGY MANAGEMENT GP LLC PARCHMAN ENERGY PARTNERSHIP LP LLC PARCHMAN OPERATING CO., LP PRICE PIPELINE CONSTRUCTION, LTD. PUMPCO ENERGY SERVICES, L.P. PUMPCO SERVICES GP, L.L.C. PUMPCO SERVICES LP, L.L.C. PUMPCO SERVICES, INC. R&W RENTAL, INC. RED RIVER WELL SERVICE, LTD. RIGMOVERS, CO. ROUSTABOUT SPECIALTIES, INC. SCIENTIFIC MICROSYSTEMS, INC. SERVICIOS HOLDINGS I, INC. SERVICIOS HOLDINGS II, INC. SHALE TANK TRUCK, LP STRIDE WELL SERVICE COMPANY, INC. SWEETWATER PRODUCED WATER DISPOSAL, LLC T. & J. ENERGY, LLC THE RXXXX COMPANY TXXXXX ENERGY SERVICES, LLC TXXXXX ENERGY SWD, LLC VALLEY C.T. MANAGEMENT, LC By: /s/ J. Xxxxxxx Xxxxx Name: J. Xxxxxxx Xxxxx Title: Authorized Person CUSIP No. promise $ COMPLETE PRODUCTION SERVICES, INC. promises to pay to [___] or registered assigns, the principal sum of DOLLARS [($___] [or such other amount as such amount may be increased or decreased as is set forth in the “Schedule of Exchanges Exchanging of Interests in the Global Note” Note attached hereto)to this Security] on March December 15, 20182016. Interest Payment Dates: March June 15 and September 15 December 15, commencing June 15, 2007. Record Dates: March June 1 and September December 1. Reference is made to the further provisions of this Note on the reverse hereof. COMPLETE PRODUCTION SERVICES, INC. By: Name: Title: By: Name: Title: This is one of the Global Notes referred to in the within-mentioned Indenture WXXXX FARGO BANK, NATIONAL ASSOCATION, as Trustee By: Authorized Signatory Dated: ___________________ [Insert the Global Notes Legend, if applicable pursuant to the provisions of the Indenture.] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture.] Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table Contents and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated AVANTOR FUNDING, INC., as of February 17, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee Issuer By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. XxxxxxxXxxxxxx Title: Senior Vice President – Global Taxation VAIL HOLDCO SUB LLC, CCTS as Holdings By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Vice President APPLIED SILICONE COMPANY, LLC AVANTOR FLUID HANDLING, LLC AVANTOR PERFORMANCE MATERIALS, LLC EPL PATHOLOGY ARCHIVES, LLC XXXXXXXXX-XXXXXX, LLC NUSIL ACQUISITION CORP. NUSIL INVESTMENTS LLC NUSIL TECHNOLOGY LLC PURITAN PRODUCTS, INC. RELIABLE BIOPHARMACEUTICAL, LLC SITECH NUSIL, LLC THERAPAK, LLC VWR CHEMICALS, LLC VWR CORPORATION VWR FUNDING, INC. VWR GLOBAL HOLDINGS, INC. VWR INTERNATIONAL, LLC VWR MANAGEMENT SERVICES LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Vice President AVANTOR PERFORMANCE MATERIALS INTERNATIONAL, LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President VWR INTERNATIONAL HOLDINGS, INC. By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Vice President [Insert the Global Note Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Regulation S Temporary Global Note Legend, if applicable pursuant to the provisions of the Indenture] No. promise ___ [$______________] promises to pay to CEDE & CO. or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in on the “Schedule of Exchanges of Interests in the Global Note” Note attached hereto)] [of ________________________ United States Dollars] on March 15November 1, 20182029. Interest Payment Dates: March 15 May 1 and September 15 November 1 Record Dates: March April 15 and October 15 1 and September 1Rule 144A Note CUSIP: 05352T AB5 Rule 144A Note ISIN: US05352TAB52 Regulation S Note CUSIP: U05247 AE8 Regulation S Note ISIN: USU05247AE82 IN WITNESS HEREOF, the Issuer has caused this instrument to be duly executed. Dated: AVANTOR FUNDING, INC. By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee Dated: By: Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (Avantor, Inc.)
Table of Contents, Headings, etc. The Table of Contents, Cross-Cross Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17May 1, 2011 REVEL2013 CST BRANDS, INC. By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Xxxxxxx X. Xxxxxxxxx Xxxxxxx X. Xxxxxxxxx Senior Vice President and Chief Financial OfficerOfficer CST DIAMOND, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company L.P. By: Revel ACEmerald Marketing, Inc., a Delaware corporation, its sole member General Partner By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Xxxxxxx X. Xxxxxxxxx Xxxxxxx X. Xxxxxxxxx Senior Vice President and Chief Financial OfficerOfficer CST SECURITY SERVICES, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company INC. By: Revel AC/s/ Xxxxxxx X. Xxxxxxxxx Xxxxxxx X. Xxxxxxxxx Senior Vice President and Treasurer AUTOTRONIC SYSTEMS, LLCINC. BIG DIAMOND, a New Jersey limited liability companyLLC BIG DIAMOND NUMBER 1, its sole member LLC CST ARKANSAS STATIONS, LLC CST CALIFORNIA STATIONS, INC. CST MARKETING AND SUPPLY COMPANY CST SERVICES LLC CST USA INC. DIAMOND SHAMROCK ARIZONA, INC. DIAMOND SHAMROCK STATIONS, INC. EMERALD MARKETING, INC. NATIONAL CONVENIENCE STORES INCORPORATED SIGMOR BEVERAGE, INC. SIGMOR COMPANY, LLC By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Xxxxxxx X. Xxxxxxxxx Xxxxxxx X. Xxxxxxxxx Senior Vice President and Chief Financial OfficerOfficer SIGMOR NUMBER 5, Treasurer and Secretary REVEL ENTERTAINMENT GROUPINC. SIGMOR NUMBER 43, LLCINC. SIGMOR NUMBER 79, a New Jersey limited liability company INC. SIGMOR NUMBER 80, INC. SIGMOR NUMBER 103, INC. SIGMOR NUMBER 105, INC. SIGMOR NUMBER 119, INC. SIGMOR NUMBER 178, INC. SIGMOR NUMBER 196, INC. SIGMOR NUMBER 238, INC. SIGMOR NUMBER 259, INC. SIGMOR NUMBER 422, INC. SKIPPER BEVERAGE COMPANY, LLC SUNSHINE BEVERAGE CO. TOC-DS COMPANY CST METRO LLC VALLEY SHAMROCK, INC. VRG DIAMOND HOLDINGS, LLC By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Xxxxxxx X. Xxxxxxxxx Xxxxxxx X. Xxxxxxxxx Senior Vice President and Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary Officer U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee Bank National Association By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxx Title: Vice President No. promise $ promises to pay to , or its registered assigns, the principal sum of DOLLARS DOLLARS* on May 1, 2023 [(or such greater or lesser amount as such amount may be increased or decreased as set forth in indicated on the “Schedule of Exchanges of Interests in the Global Note” Note attached hereto)] on March 15, 2018. hereto].1 Interest Payment Dates: March 15 May 1 and September 15 November 1 Record Dates: March 1 April 15 and September 1October 15 Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon has been duly executed by the Trustee referred to on the reverse hereof by manual signature, this Note shall not be entitled to any benefit of the Indenture or be valid or obligatory for any purpose. Dated: CST BRANDS, INC. By: Name: Title: Certificate of Authentication: This is one of the Notes referred to in the within-mentioned Indenture: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Capitalized terms used but not defined herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (CST Brands, Inc.)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 92 SIGNATURES Dated as of February 17November 6, 2011 REVEL2001 TESORO PETROLEUM CORPORATION By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Bruce A. Smith -------------------------------- Name: Xxxx Xxxxxxxxxx Bruce A. Smith Title: Chairmxx xx xxx Xxxxd of Directors, President and Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary Executive Officer U.S. BANK TRUST NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx James Kowalski -------------------------------- Name: James Kowalski Title: Asst Vxxx Xxxxxxxxx FAR EAST MARITIME COMPANY GOLD STAR MARITIME COMPANY TESORO FINANCIAL SERVICES HOLDING COMPANY VICTORY FINANCE COMPANY By: /s/ Sharon L. Layman -------------------------------- Name: Sharon L. Layman Title: As Axxxxxxxxx Xxxxxx X. XxxxxxxDIGICOMP INC. KENAI PIPE LINE COMPANY SMILEY'S SUPER SERVICE, CCTS INC. TESORO ALASKA COMPANY TESORO ALASKA PIPELINE COMPANY TESORO AVIATION COMPANY TESORO GAS RESOURCES COMPANY, INC. TESORO HAWAII CORPORATION TESORO HIGH PLAINS PIPELINE COMPANY TESORO MARINE SERVICES HOLDING COMPANY TESORO MARINE SERVICES, INC. TESORO MARITIME COMPANY TESORO NORTHSTORE COMPANY TESORO PETROLEUM COMPANIES, INC. TESORO REFINING, MARKETING & SUPPLY COMPANY TESORO SOUTH PACIFIC PETROLEUM CORPORATION TESORO TECHNOLOGY COMPANY TESORO VOSTOK COMPANY TESORO WEST COAST COMPANY By: /s/ Sharon L. Laymond ----------------------------------- Name: Sharon L. Layman Title: Vice President Xxxxxxxxx xxx Xreasurer EXHIBITS Exhibit A FORM OF NOTE Exhibit B FORM OF CERTIFICATE OF TRANSFER Exhibit C FORM OF CERTIFICATE OF EXCHANGE Exhibit D FORM OF CERTIFICATE FROM ACQUIRING INSTITUTIONAL ACCREDITED INVESTOR Exhibit E FORM OF SUPPLEMENTAL INDENTURE Exhibit F REGISTRATION RIGHTS AGREEMENT EXHIBIT A-1 (FACE OF NOTE) CUSIP/CINS __________ 9 5/8% Senior Subordinated Notes due 2008 No. promise A1 $__________ TESORO PETROLEUM CORPORATION promises to pay to or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] Dollars on March 15November 1, 20182008. Interest Payment Dates: March 15 May 1 and September 15 November 1. Record Dates: March 1 April 15 and September 1October 15.
Appears in 1 contract
Samples: Indenture (Tesoro Alaska Co)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of in this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. [Signatures on following pages] SIGNATURES Dated as of February March 17, 2011 REVEL2004 ISSUER: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerTECHNICAL OLYMPIC USA, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee INC. By: /s/ Xxxxxx XXXXX X. Xxxxxxx XXXXXX --------------------------------------- Name: Xxxxxx Xxxxx X. Xxxxxxx, CCTS XxXxxx Title: Vice President No. promise to pay to or registered assigns-- Finance and Administration and Chief Financial Officer SUBSIDIARY GUARANTORS: DP-NH Investments, the principal sum LP DP-NH Management, LLC Xxxxx Homes Delaware, Inc. Newmark Homes, XX Xxxxxxx Homes Purchasing, LP Pacific United, LP Silver Oak Trails, LP Silverlake Interests, LC TOI, LLC TOUSA Financing, Inc. By: /s/ XXXXX X. XXXXXX ------------------------------------- Name: Xxxxx X. XxXxxx Title: Vice President - Finance and Administration TOUSA Associates Services Company By: /s/ XXXXXXXX X. XXXXXXXX -------------------------------------- Name: Xxxxxxxx X. Xxxxxxxx Title: Vice President and Secretary Newmark Homes Business Trust By: /s/ XXXXX XXXXXX -------------------------------------- Name: Xxxxx Xxxxxx Title: Managing Trustee Alliance Insurance and Information Services, LLC Xxxxx Homes Residential Construction, LLC Xxxxx/Xxxxx, LLC XxXxx Landing, LLC Newmark Homes, LLC Preferred Builders Realty, Inc. Preferred Home Mortgage Company Prestige Abstract & Title, LLC Professional Advantage Title, Ltd. The Century Title Agency, Inc. TOUSA Delaware, Inc. TOUSA Homes, Inc. TOUSA Ventures, LLC Universal Land Title, Inc. Universal Land Title Investment #1, LLC Universal Land Title Investment #2, LLC Universal Land Title Investment #3, LLC Universal Land Title Investment #4, LLC Universal Land Title of DOLLARS [South Florida, Ltd. Universal Land Title of Texas, Inc. Universal Land Title of The Palm Beaches, Ltd. By: /s/ XXXXX X. XXXXXX ----------------------------------- Name: Xxxxx X. XxXxxx Title: Vice President and Treasurer TRUSTEE: XXXXX FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE By: /s/ XXXXXXX X. XXXXXXX ------------------------------------ Name: Xxxxxxx X. Xxxxxxx Title: Assistant Vice President EXHIBIT A (as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1FACE OF NOTE) 7 1/2% SENIOR SUBORDINATED NOTE DUE 2011 CUSIP ________
Appears in 1 contract
Samples: Indenture (Tousa Delaware Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February AHP HEALTH PARTNERS, INC. By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Executive Vice President ARDENT HEALTH PARTNERS, LLC By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Executive Vice President [Signature Page – Indenture] GUARANTORS: ARDENT LEGACY HOLDINGS, LLC AHS LEGACY OPERATIONS LLC LHP HOSPITAL GROUP, INC. AHS NEWCO 17, 2011 REVELLLC AHS NEWCO 18, LLC AHS OKLAHOMA, INC. AHS HILLCREST HEALTHCARE SYSTEM, LLC AHS MANAGEMENT COMPANY, INC. AHS EAST TEXAS HEALTH SYSTEM, LLC BSA HEALTH SYSTEM OF AMARILLO, LLC AHS NEW MEXICO HOLDINGS, INC. AHS KANSAS HEALTH SYSTEM, INC. SOUTHWEST MEDICAL ASSOCIATES, LLC XXXXXXXX HEALTH SYSTEM, INC. AHS ALBUQUERQUE HOLDINGS, LLC LHS SERVICES, INC. AHS CLAREMORE REGIONAL, HOSPITAL, LLC AHS OKLAHOMA HEART, LLC AHS XXXXXXX HOSPITAL, LLC AHS OKLAHOMA ORTHOPEDIC ACE, LLC AHS HENRYETTA HOSPITAL, LLC AHS OKLAHOMA PHYSICIAN GROUP, LLC AHS HILLCREST MEDICAL CENTER, LLC AHS MANAGEMENT SERVICES OF OKLAHOMA, LLC AHS XXXXX HOSPITAL, LLC XXXXXX MEDICAL CENTER, LLC AHS SOUTHCREST HOSPITAL, LLC AHS TULSA HOLDINGS, LLC RV PROPERTIES, LLC BSA HOSPITAL, LLC BSA HEALTH SYSTEM MANAGEMENT, LLC BSA HEALTH SYSTEM HOLDINGS, LLC BSA PHYSICIANS GROUP, INC. BSA XXXXXXXXXX PHYSICIANS, INC. BSA AMARILLO DIAGNOSTIC CLINIC, INC. LHP OPERATIONS CO., LLC LHP MANAGEMENT SERVICES, LLC LHP TEXAS PHYSICIANS, LLC LHP MONTCLAIR LLC LHP PASCACK VALLEY, LLC LHP POCATELLO, LLC LHP HH/K1LLEEN, LLC LHP BAY COUNTY, LLC LHP IT SERVICES, LLC LHP TEXAS MD SERVICES, INC. ATHENS HOSPITAL, LLC CARTHAGE HOSPITAL, LLC XXXXXXXXX HOSPITAL, LLC JACKSONVILLE HOSPITAL, LLC PITTSBURG HOSPITAL, LLC QUITMAN HOSPITAL, LLC TYLER REGIONAL HOSPITAL, LLC REHABILITATION HOSPITAL, LLC SPECIALTY HOSPITAL, LLC EAST TEXAS HOLDINGS, LLC ETMC PHYSICIAN GROUP, INC. EAST TEXAS AIR ONE, LLC EAST TEXAS HOME HEALTH SERVICES, LLC By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. Executive Vice President U.S BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxxxxxx Title: Vice President UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), NEW YORK, NEW YORK, TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO., OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. TRANSFERS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO DTC, TO NOMINEES OF DTC OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR’S NOMINEE AND TRANSFERS OF PORTIONS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS MADE IN ACCORDANCE WITH THE RESTRICTIONS SET FORTH IN THE INDENTURE REFERRED TO ON THE REVERSE HEREOF. THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION. NEITHER THIS NOTE NOR ANY INTEREST OR PARTICIPATION HEREIN MAY BE OFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, SUCH REGISTRATION. THE HOLDER OF THIS NOTE, BY ITS ACCEPTANCE HEREOF, AGREES ON ITS OWN BEHALF AND ON BEHALF OF ANY INVESTOR ACCOUNT FOR WHICH IT HAS PURCHASED SECURITIES TO OFFER, SELL OR OTHERWISE TRANSFER SUCH SECURITY, PRIOR TO THE DATE (THE “RESALE RESTRICTION TERMINATION DATE”) THAT IS [IN THE CASE OF RULE 144A NOTES: ONE YEAR] [IN THE CASE OF REGULATION S NOTES: 40 DAYS] AFTER THE LATER OF THE ORIGINAL ISSUE DATE HEREOF, THE ORIGINAL ISSUE DATE OF THE ISSUANCE OF ANY ADDITIONAL NOTES AND THE LAST DATE ON WHICH THE ISSUER OR ANY AFFILIATE OF THE ISSUER WAS THE OWNER OF THIS SECURITY (OR ANY PREDECESSOR OF SUCH SECURITY), ONLY (A) TO THE ISSUER, (B) PURSUANT TO A REGISTRATION STATEMENT THAT HAS BEEN DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (C) FOR SO LONG AS THE SECURITIES ARE ELIGIBLE FOR RESALE PURSUANT TO RULE 144A UNDER THE SECURITIES ACT (“RULE 144A”), TO A PERSON IT REASONABLY BELIEVES IS A “QUALIFIED INSTITUTIONAL BUYER” AS DEFINED IN RULE 144A THAT PURCHASES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER TO WHOM NOTICE IS GIVEN THAT THE TRANSFER IS BEING MADE IN RELIANCE ON RULE 144A, (D) PURSUANT TO OFFERS AND SALES TO NON-U.S. PERSONS THAT OCCUR OUTSIDE THE UNITED STATES WITHIN THE MEANING OF REGULATION S UNDER THE SECURITIES ACT, OR (E) PURSUANT TO ANOTHER AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT, SUBJECT TO THE ISSUER’S AND THE TRUSTEE’S RIGHT PRIOR TO ANY SUCH OFFER, SALE OR TRANSFER (1) PURSUANT TO CLAUSES (D) OR (E) TO REQUIRE THE DELIVERY OF AN OPINION OF COUNSEL, CERTIFICATION AND/ OR OTHER INFORMATION SATISFACTORY TO EACH OF THEM, AND (2) IN EACH OF THE FOREGOING CASES, TO REQUIRE THAT A CERTIFICATE OF TRANSFER IN THE FORM APPEARING ON THIS NOTE IS COMPLETED AND DELIVERED BY THE TRANSFEROR TO THE TRUSTEE. THIS LEGEND WILL BE REMOVED UPON THE REQUEST OF THE HOLDER AFTER THE RESALE RESTRICTION TERMINATION DATE. [IN THE CASE OF REGULATION S NOTES: BY ITS ACQUISITION HEREOF, THE HOLDER HEREOF REPRESENTS THAT IT IS NOT A U.S. PERSON NOR IS IT PURCHASING FOR THE ACCOUNT OF A U.S. PERSON AND IS ACQUIRING THIS SECURITY IN AN OFFSHORE TRANSACTION IN ACCORDANCE WITH REGULATION S UNDER THE SECURITIES ACT.] THIS NOTE (OR ITS PREDECESSOR) WAS ORIGINALLY ISSUED IN A TRANSACTION ORIGINALLY EXEMPT FROM REGISTRATION UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE TRANSFERRED IN THE UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, ANY U.S. PERSON EXCEPT PURSUANT TO AN AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND ALL APPLICABLE STATE SECURITIES LAWS. TERMS USED ABOVE HAVE THE MEANINGS GIVEN TO THEM IN REGULATION S UNDER THE SECURITIES ACT. No. promise [ ] [$ ] AHP HEALTH PARTNERS, INC., a Delaware corporation, [promises to pay to CEDE & CO. or registered assigns, the principal sum of DOLLARS [[ United States Dollars (as such amount sum may be increased or decreased decrease as set forth in reflected on the “Schedule of Exchanges of Interests in the Global Note” Note attached hereto)) on July 15, 2026.] [USE ONLY FOR GLOBAL NOTES.] [promises to pay to [ ] or registered assigns, the principal sum of [ United States Dollars] on March 15[ ], 2018. [USE ONLY FOR DEFINITIVE NOTES.]] Interest Payment Dates: March January 15 and September July 15 Record Dates: March January 1 and September 1July 1 Rule 144A Note ISIN: US00150LAA98 Regulation S Note CUSIP: U0084L AA7 Regulation S Note ISIN: USU0084LAA71 IN WITNESS HEREOF, the Company has caused this instrument to be duly executed. Dated: [ ] AHP HEALTH PARTNERS, INC. By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Authorized Signatory Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17DYCOM INVESTMENTS, 2011 REVELINC. By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx H. Xxxxxx XxXxxxxxx Name: Xxxx Xxxxxxxxxx H. Xxxxxx XxXxxxxxx Title: Chief Financial OfficerTreasurer GUARANTORS: ANSCO & ASSOCIATES, Treasurer and Secretary REVEL ACLLC APEX DIGITAL, LLCLLC BROADBAND EXPRESS, a Delaware limited liability company LLC BROADBAND INSTALLATION SERVICES, LLC C-2 UTILITY CONTRACTORS, LLC CABLE CONNECTORS, LLC CABLECOM, LLC CABLECOM OF CALIFORNIA, INC. CAN-AM COMMUNICATIONS, INC. CAVO BROADBAND COMMUNICATIONS, LLC CERTUSVIEW LEASING, LLC COMMUNICATIONS CONSTRUCTION GROUP, LLC DYCOM CAPITAL MANAGEMENT, INC. DYCOM CORPORATE IDENTITY, INC. DYCOM IDENTITY, LLC XXXXX CABLE CONSTRUCTION, LLC GLOBE COMMUNICATIONS, LLC INSTALLATION TECHNICIANS, LLC XXX X. XXXXX COMPANY, LLC XXXXXXX’X CABLE SPLICING COMPANY, LLC LOCATING, INC. XXXXXXX CONSTRUCTION, LLC XXXXX XXXXX SONS COMPANY, LLC XXXXX XXXXX SONS COMPANY OF CALIFORNIA, INC. POINT TO POINT COMMUNICATIONS, INC. PRECISION VALLEY COMMUNICATIONS OF VERMONT, LLC PRINCE TELECOM, LLC PRINCE TELECOM OF CALIFORNIA, INC. RJE TELECOM, LLC RJE TELECOM OF CALIFORNIA, INC. STAR CONSTRUCTION, LLC XXXXXXX COMMUNICATIONS, LLC S.T.S., LLC TCS COMMUNICATIONS, LLC TESINC, LLC TESINC OF CALIFORNIA, INC. TRIPLE-D COMMUNICATIONS, LLC U G T I UNDERGROUND SPECIALTIES, LLC UTILIQUEST, LLC WHITE MOUNTAIN CABLE CONSTRUCTION, LLC By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx H. Xxxxxx XxXxxxxxx Name: Xxxx Xxxxxxxxxx H. Xxxxxx XxXxxxxxx Title: Chief Financial OfficerTreasurer MIDTOWN EXPRESS, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx Xxxxx Title: President OSP SERVICES, LLC By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: President DYCOM INDUSTRIES, INC. By: /s/ H. Xxxxxx XxXxxxxxx Name: H. Xxxxxx XxXxxxxxx Title: Senior Vice President and Chief Financial Officer U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxx Xxxxxxx Title: Vice President No. promise $ promises to pay to [ ] or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15, 201820 . Interest Payment Dates: March January 15 and September July 15 Record Dates: March January 1 and September 1July 1 Dated: , 2011 DYCOM INVESTMENTS, INC. By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (Dycom Industries Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of in this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17May 26, 2011 REVEL2006 ISSUER: a Delaware corporation HANGER ORTHOPEDIC GROUP, INC. By: /s/ Xxxx Xxxxxxxxxx Xxxxxx XxXxxxx Name: Xxxx Xxxxxxxxxx Xxxxxx XxXxxxx Title: Executive Vice President and Chief Financial OfficerOfficer GUARANTORS: ABI ORTHOTIC/PROSTHETIC LABORATORIES, Treasurer and Secretary REVEL ACLTD. ADVANCED BIO-MECHANICS, LLCINC. THE BRACE SHOP PROSTHETIC ORTHOTIC CENTERS, a Delaware limited liability company By: Revel ACINC. CERTIFIED ORTHOTICS & PROSTHETIC ASSOCIATES, Inc.INC. CONNER BRACE CO., a Delaware corporationINC. DOBI-SYMPLEX, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerINC. DOSTEON SOLUTIONS, Treasurer and Secretary REVEL ATLANTIC CITYLLC ELITE CARE, LLCINC. XXXXXX XXXXXX & SON ORTHOTICS & PROSTHETICS, a New Jersey limited liability company By: Revel ACINC. FORTITUDE MEDICAL SPECIALISTS, LLCINC. GREATER CHESAPEAKE ORTHOTICS & PROSTHETICS, a New Jersey limited liability companyINC. HANGER PROSTHETICS & ORTHOTICS, its sole member By: Revel ACINC. HANGER PROSTHETICS & ORTHOTICS EAST, Inc.INC. HANGER PROSTHETICS & ORTHOTICS WEST, a Delaware corporationINC. HANGER SERVICES CORPORATION HPO, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerINC. INNOVATIVE NEUROTRONICS, Treasurer and Secretary REVEL ENTERTAINMENT GROUPINC. LAURENCE’S ORTHOTICS & PROSTHETICS, LLCINC. LINKIA, a New Jersey limited liability company By: Revel ACLLC NWPO ASSOCIATES, LLCINC. OPNET, a New Jersey limited liability companyINC. REHAB DESIGNS OF AMERICA CORPORATION REHAB DESIGNS OF COLORADO, its sole member By: Revel ACINC. REHAB DESIGNS OF WISCONSIN, Inc.INC. SHASTA ORTHOTIC PROSTHETIC SERVICE, a Delaware corporationINC. SOUTHERN PROSTHETIC SUPPLY, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee INC. By: /s/ Xxxxxx X. Xxxxxxx XxXxxxx Name: Xxxxxx X. Xxxxxxx, CCTS XxXxxxx Title: Vice President Treasurer WILMINGTON TRUST COMPANY, AS TRUSTEE By: ______________________ Name: Title: No. promise ___ $_____________ promises to pay to CEDE & CO., INC. or registered assigns, the principal sum of DOLLARS [_________________ Dollars (as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] $______________) on March 15June 1, 20182014. Interest Payment Dates: March 15 June 1 and September 15 December 1, commencing December 1, 2006. Record Dates: March 1 May 15 and September 1November 15. Dated:______________
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 80 [Signatures on following page] 81 SIGNATURES Dated as of February 17October 10, 2011 REVEL2003 PARKER DRILLING COMPANY By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx JAMES X. XXALEN --------------------------------- Name: Xxxx Xxxxxxxxxx James W. Whalen Title: Chief Financial OfficerSenior Vice Pxxxxxxxx & XXX GUARANTORS: ANACHORETA, Treasurer and Secretary REVEL ACINC. CANADIAN RIG LEASING, INC. CHOCTAW INTERNATIONAL RIG CORP. CREEK INTERNATIONAL RIG CORP. DGH, INC. INDOCORP OF OKLAHOMA, INC. PARDRIL, INC. PARKER AVIATION, INC. PARKER DRILLING (XXXXXXTAN), LTD. PARKEX XXXXLING COMPANY EASTERN HEMISPHERE, LTD. PARKER DRILLING COMPANY INTERNATIONAL, INC. XARKER DRILLING COMPANY INTERNATIONAL LIMITED PARKER DRILLING COMPANY LIMITED (NEVADA) XXXXER DRILLING COMPANY NORTH AMERICA, INC. XARKER DRILLING COMPANY OF ARGENTINA, INC. XXRKER DRILLING COMPANY OF BOLIVIA, INC. XXXXER DRILLING COMPANY OF NEW GUINEA, INC. XARKER DRILLING COMPANY OF NIGER PARKER XXXXXING COMPANY OF OKLAHOMA, INCORPORATED PARKER DRILLING COMPANY OF SINGAPORE, LTD. XXRKER DRILLING COMPANY OF SOUTH AMERICA, INC. PARKER DRILLING OFFSHORE CORPORATION PAXXXX XRILLING OFFSHORE INTERNATIONAL, INC. PARKER NORTH AMERICA OPERATIONS, INC. PXXXXX TECHNOLOGY, INC. PARKER TECHNOLOXX, XXC PARKER USA DRILLXXX XXMPANY PARKER-VSE, XXX. QUAIL USA, LLC SELECTIVE DRILLING CORPORATION UNIVERSAL RIG SERVICE CORP. By: /s/ DAVID W. TUCKER --------------------------------------------- Name: David W. Tucker Title: Vice Presidexx Indenture - Signature Page PARKER DRILLING COMPANY OF MEXICO, LLC XXXXXX DRILLING OFFSHORE USA, LLC By: /x/ XXUCE J. KORVER ---------------------------------------------- Name: Bruce J. Korver Title: Vice Presidenx PARKER DRILLING MANAGEMENT SERVICES, INC. By: /s/ DAVID W. TUCKER --------------------------------------------- Name: David W. Tucker Title: Vice Presidexx PARKER OFFSHORE RESOURCES, L.P. By: /x/ XXXID W. TUCKER --------------------------------------------- Name: David W. Tucker Title: President, Pxxxxx Xxxxxxxx Management Services, Xxx., General Partner PARKER TOOLS, LLC By: /s/ TOM JUNK --------------------------------------------- Name: Tom Junk Title: President PARKER USA RESOURCES, LLC By: /s/ TOX XXXX --------------------------------------------- Name: Tom Junk Title: President Indenture - Signature Page PD MANAGEMENT RESOURCES, L.P. By: /s/ DAVID W. TUCKER --------------------------------------------- Name: David W. Tucker Title: President, Pxxxxx Xxxxxxxx Management Services, Xxx., General Partner QUAIL TOOLS, LP By: /s/ DAVID W. TUCKER --------------------------------------------- Name: David W. Tucker Title: Vice Presidexx, Xxxxx XXX, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. General Partner Indenture - Signature Page JPMORGAN CHASE BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx REBECCA A. NEWMAN --------------------------------------------- Name: Xxxxxx X. Xxxxxxx, CCTS Rebecca A. Newman Title: Vice President Presixxxx xxx Xxxxx Xxficer Indenture - Signature Page EXHIBIT A CUSIP [Face of Note] 9 5/8% Senior Notes due 2013 No. promise 001 Principal Amount $ PARKER DRILLING COMPANY promises to pay to CEDE & CO., or registered assignsxxxxxxs, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] $_____________) on March 15October 1, 20182013. Interest Payment Dates: April 1 and October 1, commencing April 1, 2004 Record Dates: March 15 and September 15 Record DatesDated: March October ___, 2003 PARKER DRILLING COMPANY By: ----------------------------------- Name: Title: This is one of the Global Notes referred to in the within-mentioned Indenture: JPMORGAN CHASE BANK as Trustee By: -------------------------------- Authorized Signatory [Back of Note] 9 5/8% Senior Notes due 2013 [Insert the Global Note Legend, if applicable, pursuant to the provisions of the Indenture] [Insert the Private Placement Legend, if applicable, pursuant to the provisions of the Indenture] 9 5/8% Senior Notes due 2013 Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
1. Interest. Parker Drilling Company, a Delaware corporation (the "Company"), promixxx xx pay interest on the principal amount of this Note at 9?% per annum from October 10, 2003 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement. The Company will pay interest and Liquidated Damages, if any, semi-annually on April 1 and September October 1 of each such year, or if any such day is not a business day, on the next succeeding business day (each an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be April 1, 2004. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months.
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Samples: Indenture (Quail Usa LLC)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. SIGNATURES Dated as of February 17August 10, 2011 REVEL2001 AUTONATION, INC. By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Marc Bourhis -------------------------------- Name: Xxxx Xxxxxxxxxx Marc Bourhis Title: Chief Financial OfficerXxxx Xxxxident and Treasurer WELLS FARGO BANK MINNESOTA, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Robert L. Reynolds -------------------------------- Name: Xxxxxx Robert L. Reynolds Xxxxx: Xxxx Xxxxxdent 7 ROD REAL ESTATE NORTH, A LIMITED LIABILITY COMPANY 7 ROD REAL ESTATE SOUTH, A LIMITED LIABILITY COMPANY ABRAHAM CHEVROLET-MIAMI, INC. ABRAHAM CHEVROLET-TAMPA, INC. ACER FIDUCIARY, INC. AIRPORT DODGE, INC. ALBERT BERRY MOTORS, INC. XX XXXXXXE FORD, LLC ALX-XXXXX XXNT A CAR, INC. ALLIED 2000 COLLISION CENTER, INC. ALLISON BAVARIAN AMERICX'X XXX STOP AMERICAN WAY MOTORS, INC. AN/CF ACQUISITION CORP. AN/FGJE ACQUISITION CORP. AN/FMK ACQUISITION CORP. AN/MF ACQUISITION CORP. AN/MNI ACQUISITION CORP. AN/PF ACQUISITION CORP. AN/STD ACQUISITION CORP. ANDERSON CHEVROLET ANDEXXXX XXXVROLET - LOS GATOS, INC. ANDERSON CUPERTINO, INC. XXXXXXON DEALERSHIP GROUP XXXXXING ON WHEELS, LTD. APPLEWAY CHEVROLET, INC. ATRIUM RESTAURANTS, INC. AUTO AD AGENCY, INC. AUTO ADVERTISING SERVICES, INC. AUTO CAR, INC. AUTO HOLDING CORP. AUTO MISSION LTD. AUTO WEST, INC. AUTONATION BENEFITS COMPANY, INC. AUTONATION CHRYSLER PLYMOUTH GP, INC. AUTONATION CHRYSLER PLYMOUTH JEEP OF NORTH HOUSTON, L.P. AUTONATION CHRYSLER PLYMOUTH LP, INC. AUTONATION CORPORATE MANAGEMENT COMPANY AUTONATION DENVER MANAGEMENT, INC. AUTONATION DODGE OF PEMBROKE PINES, INC. AUTONATION DODGE OF SAN ANTONIO-GP, INC. AUTONATION DODGE OF SAN ANTONIO, L.P. AUTONATION DODGE OF SAN ANTONIO-LP, INC. AUTONATION DS INVESTMENTS, INC. AUTONATION ENTERPRISES INCORPORATED AUTONATION FINANCIAL SERVICES CORP. AUTONATION HOLDING CORP. AUTONATION IMPORTS NORTHWEST, INC. AUTONATION IMPORTS OF LITHIA SPRINGS, INC. AUTONATION IMPORTS OF LONGWOOD, INC. AUTONATION IMPORTS OF PALM BEACH, INC. AUTONATION IMPORTS OF WINTER PARK, INC. AUTONATION INSURANCE COMPANY AUTONATION LM HOLDING CORPORATION AUTONATION MOTORS OF LITHIA SPRINGS, INC. AUTONATION PARK ASSOCIATION, INC. AUTONATION REALTY CORPORATION AUTONATION USA CORPORATION AUTONATION USA OF PERRINE, INC. AUTONATIOX XXX XF VIRGINIA BEACH, LLC AUTONATIONDIRECT.COM, INC. X-X-X XXXXXXXXXX, INC. BANKSTON AUTO, INC. BANXXXXX XX GP, INC. BAXXXXXX XX XP, INC. BAXXXXXX XXXXSLER JEEP OF FRISCO, L.P. BANKSTON FORD OF FXXXXX, XXX. XX. BANKSTON NISSAN IN IRVING, INC. BANKSTON NISSAN LEWISVILLE, INC. BARGAIN RENT-A-CAR BATFISH AUTO, LLC BATFISH, LLC BBCSS, INC. BEACH CITY CHEVROLET COMPANY, INC. BEACON MOTORS, INC. BELL DODGE, L.L.C BENGAX XXTOR COMPANY, LTD BENGAL MOTORS, INC. BILL AYARES CHEVROLET, INC. XXXX XALLACE ENTERPRISES, INC. XXXXSOE DODGE, LLC BOB XXXXXXXD FORD, INC. XXXX XXXX XOLDING CORP. BOSC AUTOMOTIVE REALTY, INC. BROWN & BROWN CHEVROLET, INC. BXXXX & BROWN CHEVROLET - SUPERSTITION SPRINGS, LLC BROWN & BROWN NISSAN, INC. XROWX & XROWN NISSAN MESA, L.L.C. XXICK MART, INC. BUICK MART LIMITED PARTNERSHIP BULL MOTORS, LLC C-CAR AUTO WHOLESALERS, INC. C. GARRETT, INC. CARLISXX XXXXXX, LLC CARWELL, LLC CENTRAL MOXXX XXXPANY, LTD CENTRAL MOTORS, INC. CERRITOS BODY WORKS, INC. CERRITOS IMPORTS, INC. CHAMPION CHEVROLET, LLC CHAMPION FORD, INC. CHAMPION PLANNING, INC. CHARLIE HILLARD, INC. CXXXXXX XXXXXX XUTO SALES, INC. XXXXXIE THOMAS CHEVROLET, INC. XXXXXXE THOMAS CHRYSLER-PLYMOUTH, INC. CHARLIE THOMAS COURTESY LEASING, INC. CHARLIE THOMAS FORD, INC. XXXXXXX XXXMAS' COURTESY FORD, INC. XHESROWN AUTO, LLC CHESROWN CHEVROLET, LLC CHESROWN COLLISION CENTER, INC. CHESROWN FORD, INC. CHEVROLET WORLD, INC. CHUCK CLANCY FORD OF MARIETTA, INC. CLEBURNE MOTOR COMPANY, INC. COASTAL CADILLAC, INC. COLONIAL IMPORTS, INC. CONSUMER CAR CARE CORPORATION CONTEMPORARY CARS, INC. COOK-WHITEHEAD FORD, INC. XXXX-XXXXXXEAD FORD, LLC XXXXXXXXX XXOPERTIES HOLDING, INC. COSTA MESA CARS, INC. COURTESY AUTO GROUP, INC. COURTESY WHOLESALE CORPORATION COVINGTON PIKE MOTORS, INC. XXXXIX XXNAGEMENT ACCEPTANCE CORPORATION CROSS-CONTINENT AUTO RETAILERS, INC. CT INTERCONTINENTAL, INC. CT MOTORS, INC. D/L MOTOR COMPANY D/L MOTOR-HO, INC. DEAL DODGE OF DES PLAINES, INC. DEALERSHIP ACCOUNTING SERVICES, INC. DEALERSHIP PROPERTIES, INC. DEALERSHIP REALTY CORPORATION DESERT BUICK-GMC MANAGEMENT GROUP, INC. DESERT BUICK-GMC TRUCKS, L.L.C DESERT CHRYSLER-PLYMOUTH, INC. DESERT DODGE, INC. DESERT GMC-EAST, INC. DESERT GMC, L.L.C DESERT LINCOLN-MERCURY, INC. DOBBS BROTHERS BUICK-PONTIAC, INC. DOBBS FORD, INC. DOBBS XXXX OF MEMPHIS, INC. DOBBS MOBILE BAY, INC. XXXXX MOTORS OF ARIZONA, INC. DODGE OF BELLEVUE, INC. DON-A-VEE JEEP EAGLE, INC. DON MEALEY CHEVROLET, INC. XXX XXALEY IMPORTS, INC. XXX XXXXEY OLDSMOBILE, INC. XXXXXRS GROVE DODGE, INC. DRIVER'S MART WORLDWIDE, INC. EASTGATE FORD, INC. ED MULLINAX FORD, INC. XX XXXXXXXX, INC. EDGREX XXXXX XXXPANY, INC. XX MONTE IMPORTS, INC. EL MONTE MOTORS, INC. ELMHURST AUTO MALL, INC. ELMHURST DODGE, INC. EMICH CHRYSLER PLYMOUTH, LLC EMICH DODGE, LLC EMICH LINCOLN-MERCURY, LLC EMICH LINCOLN-MERCURY, INC. EMICH OLDSMOBILE, LLC EMICH SUBARU WEST, LLC EMPIRE SERVICES AGENCY, INC. FINANCIAL SERVICES, INC. FIRST TEAM AUTOMOTIVE CORP. FIRST TEAM FORD, LTD FIRST TEAM FORD OF MANATEE, LTD. FIRST TEAM IMPORTS, LTD. FIRST TEAM INFINITI, LTD. FIRST TEAM JEEP EAGLE, CHRYSLER- PLYMOUTH, LTD. FIRST TEAM MANAGEMENT, INC. FIRST TEAM PREMIER, LTD. FIT KIT, INC. FLEMINGTON LAND ROVER, LLC FLORIDA AUTO CORP. FORD OF GARDEN GROVE LIMITED PARTNERSHIP FORD OF KIRKLAND, INC. FOX BUICX/XXXXX, INC. FOX CHEVROLET, INC. FOX HYUNDAI, INC. FOX, INC. FRED OAKLEY MOTORS, INC. XX. XXXXXRDALE NISSAN, INC. G.B. IMPORT SALES & SERVICE, LLC GENE EVANS FORD, LLC GEXXXX XXXXXRLIN NISSAN, INC XXXX XXXX FORD, INC. GOVERNMENT BLVD. MOTORS, INC. GULF MANAGEMENT, INC. H'S AUTO BODY, INC. HAYWARD DODGE, INC. HILLARD AUTO GROUP, INC. XXXXXWOOD IMPORTS LIMITED, INC. HOLLYWOOD KIA, INC. HORIZON CHEVROLET, INC. HOUSE OF IMPORTS, INC. HOUSTON AUTO IMPORTS GREENWAY, LTD. HOUSTON AUTO IMPORTS NORTH, LTD. HOUSTON IMPORTS GREENWAY-GP, INC. HOUSTON IMPORTS GREENWAY-LP, INC. HOUSTON IMPORTS NORTH-GP, INC. HOUSTON IMPORTS NORTH-LP, INC. HUB MOTOR CO. IRVINE IMPORTS, INC. IRVINE TOYOTA/NISSAN/VOLVO LIMITED PARTNERSHIP J-R ADVERTISING COMPANY J-R-M MOTORS COMPANY NORTHWEST, LLC J-R MOTORS COMPANY CENTRAL LLC J-R MOTORS COMPANY NORTH J-R MOTORS COMPANY SOUTH JEMAUTCO, INC. JERRY GLEASON CHEVROLET, INC. XXXXX GLEASON DODGE, INC. XXX XXXXXXN CHEVROLET CO. XXX XXXXLAN, FORD LINCOLN-MERCURY, INC. JOE MACPHERSON FORD JOE XXXXXXXXXX XXPORTS NO.1 XXX XXXXXERSON INFINITI XXX XXXXXXXXXN OLDSMOBILE XXXX X. XxxxxxxXXXCE FORD, CCTS LLC XXX XXVXXXXXXXX, INC. KELNAT ADVERTISING, LTD. CO. KENYON DODGE, INC. KING'S CROWN FORD, INC. KIRKLAND PONTIAC-BUICK-GMC, INC. KLJ OF NEVADA, INC. L.P. EVANS MOTORS, INC. X.X. XXXXS MOTORS WPB, INC. XXXXX CHILDREN, INC. LEX XXXKS CHEVROLET, INC. XXX XXBB'S FORD, INC. LXX XXXX'X IRVINE NISSAN, INC. XXXUS OF CERRITOS LIMITED PARTNERSHIP LGS HOLDING COMPANY LOU GRUBB CHEVROLET-ARROWHEAD, INC. LOU GRUBB CHEVROLET, L.L.C XXX XRUBB FORD, L.L.C LXXXXX, XXC. MC/RII, LLX M S AND S TOYOTA, INC. MACHOWARD LEASING MACPHERSON ENTERPRISES, INC. MAGIC ACQUISITION CORP. MANHATTAN MOTORS, INC. MARKS FAMILY DEALERSHIPS, INC. MARKS TRANSPORT, INC. MAROONE CAR AND TRUCK RENTAL COMPANY MAROONE CHEVROLET FT. LAUDERDALE, INC. MAROONE CHEVROLET, LLC MAROONE DODGE, LLC MAROONE DODGE POMPANO, INC. MAROONE FORD, LLC MAROONE ISUZU, LLC MAROONE JEEP-EAGLE, INC. MAROONE MANAGEMENT SERVICES, INC MAROONE OLDSMOBILE II, INC. MAROONE OLDSMOBILE, LLC MARSHALL LINCOLN-MERCURY, INC. XXXXXX XOLDINGS, INC. MXXXXXXCAL WARRANTY PROTECTION, INC. METRO CHRYSLER JEEP, INC. MIDWAY CHEVROLET, INC. MIKE HALL CHEVROLET, INC. XXXX XHAD CHRYSLER PLYMOUTH JEEP EAGLE, INC. MIKE SHAD FORD, INC. MIXXXX-XXXXXXXXX AUTOMOTIVE, LLC XXXXXXN BLVD. MOTORS, INC. MR. WHEELS, INC. MULLINAX EAST, INC. MULXXXXX XXRD NORTH CANTON, INC. MULLINAX FORD SOUTH, INC. XXXXXNAX LINCOLN-MERCURY, INC. MULLINAX MANAGEMENT, INC. XXXXXNAX OF MAYFIELD, INC. XXXXINAX XXXX XXRS, INC. XXXXXXT BEACH CARS, LLC NICHOLS FORD, INC. NISSXX XX XRANDON, INC. NORTHPOINX XXXXXOLET, INC. NORTHPOINT FORD, INC. NORTHWEST FINANCIAL GROUP, INC. ONTARIO DODGE, INC. ORANGE COUNTY AUTOMOTIVE IMPORTS, LLC ORLANDO IMPORTS, INC. PAYTON-WRIGHT FORD SALES, INC. XXXXXN CRAMER AUTOMOTIVE XXXXXX XXXXER FORD PEYTXX XXXXXX XXXINITI XXXXXX XXXXXX JAGUAR PEXXXX XXXXXX XINCOLN-MERCURY XXXXXX AUTOMOTIVE CORPORATION PIERCE, LLC PITRE BUICK-XXXXXAC-GMC OF SCOTTSDALE, INC. PITRE CHRYSLER-PLYMOUTH-JEEP OF BELL, INC. PITRE CHRYSLER-PLYMOUTH-JEEP OF SCOTTSDALE, INC. PITRE ISUZU-SUBARU-HYUNDAI OF SCOTTSDALE, INC. PITRE KIA OF SCOTTSDALE, INC. PLAINS CHEVROLET, INC. PMWQ, INC. PMWQ, LTD. PORT CITY IMPORTS-HO, INC. PORT CITY IMPORTS, INC. PORT CITY PONTIAC-GMC TRUCKS, INC. PRIME AUTO RESOURCES, INC. QUALITY NISSAN, INC. QUANTUM PREMIUM FINANCE CORPORATION QUINLAN MOTORS, INC. R. XXXX XIMITED R.L. BUSCHER II, INC. R.X. XXXXXXX XXX, INC. XXXX XXXXXX HOLDINGS, INC. REPUBLIC ANDERSON INVESTMENT GROUP, XXC. REPUBLIC DM PROPERTY ACQUISITION CORP. REPUBLIC RESOURCES COMPANY (RRC) REPUBLIC RISK MANAGEMENT SERVICES, INC. REPUBLIC OF ROCHESTER, INC. RESOURCES AVIATION, INC. RI/ASC ACQUISITION CORP. RI/BB ACQUISITION CORP. RI/BBNM ACQUISITION CORP RI/BRC REAL ESTATE CORP. RI/CC ACQUISITION CORP. RI/DM ACQUISITION CORP. RI/HGMC ACQUISITION CORP. RI/HOLLYWOOD NISSAN ACQUISITION CORP. RI/LLC-2 ACQUISITION CORP. RI/LLC ACQUISITION CORP. RI MERGER CORP. RI/PII ACQUISITION CORP. RI/RMC ACQUISITION CORP RI/RMP ACQUISITION CORP. RI/RMT ACQUISITION CORP. RI/SBC ACQUISITION CORP. RI SHELF CORP. RI/WFI ACQUISITION CORPORATION RII MANAGEMENT COMPANY ROSECRANS INVESTMENTS, LLC ROSEVILLE MOTOR CORPORATION RRM CORPORATION, INC. RSHC, INC. SAHARA IMPORTS, INC. SAHARA NISSAN, INC. SANTA ANA AUTO CENTER SAUL CHXXXOLET, INC. SCX XXALTY II, INC. SCM REALTY, INC. SERVICE STATION HOLDING CORP. SGSCP LIMITED PARTNERSHIP SHAMROCK FORD, INC. SIX JAYS LLC SMI MOTORS, INC. SMYTHE EUROPEAN, INC. SXXXXXXST LEASE CAR, INC. SOUTHTOWN FORD, INC. SOUTHWEST DODGE, LLC SPIT FIRE PROPERTIES, INC. SPOKANE MITSUBISHI DEALERS ADVERTISING ASSOCIATION, INC. STAR MOTORS, LLC STEAKLEY CHEVROLET, INC. XXXXXXECHASE MOTOR COMPANY STEVE MOORE CHEVROLET DELRAY, LLC STEVE MOORE CHEVROLET, LLC XXXXX XOORE, LLC STEVE XXXXX'X XXX-RIGHT AUTO CENTER, INC. STEVE RAYMAN PONTIAC-BUICK-GMC-TRUCK, LLC STEVENS CREEK MOTORS, INC. SUNRISE NISSAN OF JACKSONVILLE, INC. SUNRISE NISSAN OF ORANGE PARK, INC. SUNSET PONTIAC-GMC, INC. SUNSET PONTIAC-GMC TRUCK SOUTH, INC. SUPERIOR NISSAN, INC. SUTHERLIN CHRYSLER-PLYMOUTH JEEP- EAGLE, LLC SUTHERLIN IMPORTS, INC. XXXXXXXXN IMPORTS, LLC XXXXXXXXX NISSAN, LLC SXXXXXXXX NISSAN OF TOWN CENTER, INC. T-FIVE, INC. T-WEST SALES & SERVICE, INC. TALLAHASSEE AUTOMOTIVE GROUP, INC. TALLAHASSEE CHRYSLER PLYMOUTH, INC. TARTAN ADVERTISING, INC. TASHA INCORPORATED TAYLXX XXEP EAGLE, LLC XXXX XODGE, INC. TERRY YORK MOTOR CARS, LTD. XXXXX FORD, INC. TEXAN FORD SALES, INC. TEXAN LINCOLN-MERCURY, INC. THE CONSULTING SOURCE, INC. THE PIERCE CORPORATION II, INC. XORRANCE NISSAN, LLC TOUSLEY FORD, INC. TOWN & XXXXTRY CHRYSLER JEEP, INC. TOYOTA CERRITOS LIMITED PARTNERSHIP TRIANGLE CORPORATION VALENCIA DODGE VALENCIA LINCOLN-MERCURY, INC. XXXXXX XHEVROLET, INC. VANDERBEEK MOTORS, INC. XXXXXXXXXK OLDS/GMC TRUCK, INC. XILLAGE MOTORS, LLC VINCE WIESE CHEVROLET, INC. X.X. XANKSTON ENTERPRISES, INC. X.X. BANKSTON LINCOLN-MERCURY, INC. W.O. BANKSTON NISSAN, INC. W.X. XXXXSTON PAINT AND BODY, INC. XALLACE DODGE, LLC WALLXXX XXXX, XXX WALLAXX XXXXXXX, INC. WXXXXXX LINCOLN-MERCURY, LLC XXXXXXX XISSAN, LLC WEBX XXXXXOTIVE GROUP, INC. WEST COLTON CARS, INC. WEST SIDE MOTORS, INC. WESTGATE CHEVROLET, INC. WOODY CAPITAL INVESTMENT COMPANY II WOODY CAPITAL INVESTMENT COMPANY III WORKING MAN'S CREDIT PLAN, INC. YORK ENTERPRISES SOUTH, INC. By: /s/ Marc Bourhis ------------------------------ Name: Marc Bourhis Title: Vice President No. promise to pay to or registered assigns, the principal sum Xxxxxxxxx EXHIBIT A-1 (Face of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1) ============================================================================= CUSIP:
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Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17the date first written above. TARGA RESOURCES PARTNERS LP By: Targa Resources GP LLC, 2011 REVELIts general partner By: a Delaware corporation /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer TARGA RESOURCES PARTNERS FINANCE CORPORATION By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer TARGA ASSETS LLC TARGA BADLANDS LLC TARGA CAPITAL LLC TARGA COGEN LLC TARGA DOWNSTREAM LLC TARGA FORT BERTHOLD GATHERING LLC TARGA GAS MARKETING LLC TARGA GAS PIPELINE LLC TARGA GAS PROCESSING LLC TARGA INTRASTATE PIPELINE LLC TARGA LIQUIDS MARKETING AND TRADE LLC TARGA LOUISIANA INTRASTATE LLC TARGA MIDSTREAM SERVICES LLC TARGA MLP CAPITAL LLC TARGA NGL PIPELINE COMPANY LLC TARGA RESOURCES OPERATING GP LLC TARGA RESOURCES OPERATING LLC TARGA SOUND TERMINAL LLC TARGA TERMINALS LLC TARGA TRANSPORT LLC By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer SOUND PIPELINE COMPANY, LLC By: /s/ Xxxx Xxxxxxxxxx X. Xxxxx Xxxx X. Xxxxx By: Targa Terminals LLC By: /s/ Xxxxxxx X. Xxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxxx Title: Senior Vice President, Chief Financial Officer, Officer and Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxx Title: Assistant Vice President CUSIP 87612B AN21 4 1/4% Senior Notes due 2023 No. $ promise to pay to , or registered assigns, the principal sum of DOLLARS [(or such other amount as such amount may be increased or decreased as set forth in indicated on the “attached Schedule of Exchanges of Interests in the Global Note” attached hereto)] Note],2 on March November 15, 20182023. Interest Payment Dates: March May 15 and September November 15 Record Dates: March May 1 and September 1November 1 Dated: , 20 TARGA RESOURCES PARTNERS LP By: Targa Resources GP LLC, Its General Partner By: Name: Title: TARGA RESOURCES PARTNERS FINANCE CORPORATION By: Name: Title: 1 The CUSIP No. is U87571 AG7 for the Regulation S Notes and 87612B AP7 for the Unrestricted Notes.
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Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17January 26, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerSIGNATURES VANGUARD HEALTH HOLDING COMPANY II, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxx Title: Executive Vice President VANGUARD HOLDING COMPANY II, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President VANGUARD HEALTH HOLDING COMPANY I, LLC, as Guarantor By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President VANGUARD HEALTH SYSTEMS, INC., as Guarantor By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President ABRAZO MEDICAL GROUP URGENT CARE, LLC BHS PHYSICIANS ALLIANCE FOR ACE, LLC CENTRAL TEXAS CORRIDOR HOSPITAL COMPANY, LLC HOSPITAL DEVELOPMENT OF WEST PHOENIX, INC. XXXXXXX PHYSICIANS GROUP, LLC VANGUARD HEALTH FINANCIAL COMPANY, LLC VANGUARD HEALTH MANAGEMENT, INC. VHS ACQUISITION CORPORATION VHS ACQUISITION SUBSIDIARY NUMBER 1, INC. VHS ACQUISITION SUBSIDIARY NUMBER 2, INC. VHS ACQUISITION SUBSIDIARY NUMBER 5, INC. VHS ACQUISITION SUBSIDIARY NUMBER 7, INC. VHS ACQUISITION SUBSIDIARY NUMBER 8, INC. VHS ACQUISITION SUBSIDIARY NUMBER 9, INC. VHS ACQUISITION SUBSIDIARY NUMBER 10, INC. VHS ACQUISITION SUBSIDIARY NUMBER 11, INC. VHS ACQUISITION SUBSIDIARY NUMBER 12, INC. VHS CHICAGO MARKET PROCUREMENT, LLC VHS GENESIS LABS, INC. VHS HOLDING COMPANY, INC. VHS IMAGING CENTERS, INC. VHS OF ANAHEIM, INC. VHS OF ARROWHEAD, INC. VHS OF HUNTINGTON BEACH, INC. VHS OF ILLINOIS, INC. VHS OF ORANGE COUNTY, INC. VHS OF PHOENIX, INC. VHS OF SOUTH PHOENIX, INC. VHS OUTPATIENT CLINICS, INC. BAPTIST MEDICAL MANAGEMENT SERVICE ORGANIZATION, LLC HEALTHCARE COMPLIANCE, L.L.C. XXXXXXX HEALTH PROVIDERS, INC. XXXXXXX MANAGEMENT SERVICES, INC. PROS TEMPORARY STAFFING, INC. WATERMARK PHYSICIAN SERVICES, INC. VHS OF MICHIGAN, INC. VHS CHILDREN’S HOSPITAL OF MICHIGAN, INC. VHS DETROIT BUSINESSES, INC. VHS DETROIT RECEIVING HOSPITAL, INC. VHS DETROIT VENTURES, INC. VHS XXXXXX-XXXXXX HOSPITAL, INC. VHS HURON VALLEY-SINAI HOSPITAL, INC. VHS REHABILITATION INSTITUTE OF MICHIGAN, INC. VHS SINAI-GRACE HOSPITAL, INC. VHS UNIVERSITY LABORATORIES, INC. (Guarantors continued on next page) VHS WESTLAKE HOSPITAL, INC. VHS WEST SUBURBAN MEDICAL CENTER, INC. VHS ACQUISITION SUBSIDIARY NUMBER 4, INC. MIDWEST PHARMACIES, INC. VHS ARIZONA HEART INSTITUTE, INC., as Guarantors By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President VHS SAN ANTONIO PARTNERS, LLC, as Guarantor By: VHS Acquisition Subsidiary Number 5, Inc., its Member By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President THE VHS ARIZONA IMAGING CENTERS LIMITED PARTNERSHIP, as Guarantor By: VHS Imaging Centers, Inc., its General Partner By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President Dated as of January 26, 2011 U.S. BANK NATIONAL ASSOCIATION, as Trustee By: /s/ Xxxxxx X. Xxxx Authorized Signatory THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (3) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (4) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE ISSUERS. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 XXXXX XXXXXX, XXX XXXX, XXX XXXX) (“DTC”), TO THE ISSUERS OR THEIR AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. THE NOTE (OR ITS PREDECESSOR) EVIDENCED HEREBY WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER XXXXXXX 0 XX XXX XXXXXX XXXXXX SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND THE NOTE EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THE NOTE EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A UNDER THE SECURITIES ACT. THE HOLDER OF THE SECURITY EVIDENCED HEREBY AGREES FOR THE BENEFIT OF THE ISSUERS THAT (I) SUCH NOTE MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED, ONLY (1)(A) INSIDE THE UNITED STATES TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) PURCHASING FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A UNDER THE SECURITIES ACT, (B) OUTSIDE THE UNITED STATES TO A NON-U.S. PERSON (AS DEFINED IN REGULATION S UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 903 OR RULE 904 OF REGULATION S UNDER THE SECURITIES ACT, (C) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT PROVIDED BY RULE 144 THEREUNDER (IF APPLICABLE) OR (D) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL ACCEPTABLE TO THE ISSUERS IF THE ISSUERS SO REQUEST), (2) TO THE ISSUERS OR (3) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT AND, IN EACH CASE, IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (II) THE HOLDER WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER OF THE NOTE EVIDENCED HEREBY OF THE RESALE RESTRICTIONS SET FORTH IN CLAUSE (I) ABOVE. NO REPRESENTATION CAN BE MADE AS TO THE AVAILABILITY OF THE EXEMPTION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT FOR RESALE OF THE SECURITY EVIDENCED HEREBY. No. ____ $_____________ promise to pay to CEDE & CO. or registered assigns, the principal sum of $_______________ DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15February 1, 20182019. Interest Payment Dates: March 15 February 1 and September 15 August 1 Record Dates: March 1 January 15 and September 1July 15 Dated: January 26, 2011 VANGUARD HEALTH HOLDING COMPANY II, LLC By: Name: Title: VANGUARD HOLDING COMPANY II, INC. By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: U.S. Bank National Association, as Trustee By: Authorized Signatory Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
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Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17the date first written above. ISSUERS: TARGA RESOURCES PARTNERS LP By: Targa Resources GP LLC, 2011 REVELIts general partner By: a Delaware corporation /s/ Xxxxxxx X. XxXxxxxxx Name: Xxxxxxx X. XxXxxxxxx Title: President — Finance and Administration TARGA RESOURCES PARTNERS FINANCE CORPORATION By: /s/ Xxxxxxx X. XxXxxxxxx Name: Xxxxxxx X. XxXxxxxxx Title: President — Finance and Administration GUARANTORS: MIDSTREAM BARGE COMPANY LLC TARGA CAPITAL LLC TARGA CO-GENERATION LLC TARGA DOWNSTREAM LLC TARGA GAS MARKETING LLC TARGA GAS PIPELINE LLC TARGA GAS PROCESSING LLC TARGA INTRASTATE PIPELINE LLC TARGA LIQUIDS MARKETING AND TRADE LLC TARGA LOUISIANA INTRASTATE LLC TARGA MIDSTREAM SERVICES LLC TARGA MLP CAPITAL LLC TARGA NGL PIPELINE COMPANY LLC TARGA RESOURCES OPERATING GP LLC TARGA RESOURCES OPERATING LLC TARGA SOUND TERMINAL LLC TARGA TERMINALS LLC TARGA TRANSPORT LLC By: /s/ Xxxxxxx X. XxXxxxxxx Name: Xxxxxxx X. XxXxxxxxx Title: President — Finance and Administration SOUND PIPELINE COMPANY, LLC By: MANAGER: /s/ Xxxx Xxxxxxxxxx X. Xxxxx Xxxx X. Xxxxx By: MEMBER: Targa Terminals LLC By: /s/ Xxxxxxx X. XxXxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxx X. XxXxxxxxx Title: Chief Financial Officer, Treasurer President — Finance and Secretary REVEL AC, LLC, a Delaware limited liability company ByAdministration TRUSTEE: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxx Title: Vice President CUSIP 87612B AJ11 6 3/8% Senior Notes due 2022 No. $ promise to pay to , or registered assigns, the principal sum of DOLLARS [(or such other amount as such amount may be increased or decreased as set forth in indicated on the “attached Schedule of Exchanges of Interests in the Global Note” attached hereto)] Note],2 on March 15August 1, 20182022. Interest Payment Dates: March 15 February 1 and September 15 August 1 Record Dates: March 1 January 15 and September 1July 15 Dated: , 20 TARGA RESOURCES PARTNERS LP By: Targa Resources GP LLC, Its General Partner By: Name: Title: TARGA RESOURCES PARTNERS FINANCE CORPORATION By: Name: Title:
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Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table Contents and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. [Signatures on following page] 72 SIGNATURES Dated as of February 17October 16, 2011 REVEL2019 TERRAFORM POWER OPERATING, LLC By: a Delaware corporation TERRAFORM POWER, LLC Its Sole Member and Sole Manager By: /s/ Xxxxxxx Xxxx Xxxxxxxxxx Name: Xxxxxxx Xxxx Xxxxxxxxxx Title: Chief Financial OfficerGeneral Counsel & Secretary TERRAFORM POWER, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company LLC By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxxxxx Xxxx Xxxxxxxxxx Name: Xxxxxxx Xxxx Xxxxxxxxxx Title: Chief Financial OfficerGeneral Counsel & Secretary [Signature page to Indenture] XXXXXX ISLAND HOLDINGS, Treasurer and Secretary REVEL ATLANTIC CITYLLC CSSW COHOCTON HOLDINGS, LLCLLC CSSW STEEL WINDS HOLDINGS, a New Jersey limited liability company LLC FIRST WIND BLUE SKY EAST HOLDINGS, LLC FIRST WIND KAHUKU HOLDINGS, LLC FIRST WIND NORTHEAST COMPANY, LLC FIRST WIND OPERATING COMPANY, LLC FW MASS PV PORTFOLIO, LLC FWPV CAPITAL, LLC FWPV HOLDINGS, LLC HAWAIIAN ISLAND HOLDINGS, LLC HURON HOLDINGS, LLC KAHUKU HOLDINGS, LLC KAHUKU WIND POWER, LLC MA OPERATING HOLDINGS, LLC MAINE WIND PARTNERS II, LLC NORTHEAST WIND CAPITAL HOLDINGS, LLC NORTHEAST WIND CAPITAL II, LLC NORTHEAST WIND PARTNERS II, LLC SHEFFIELD HOLDINGS, LLC SHEFFIELD WIND HOLDINGS, LLC SPS XXXXXX ISLAND, LLC STETSON WIND HOLDINGS COMPANY, LLC SUNEDISON CANADA YIELDCO MASTER HOLDCO, LLC SUNEDISON CANADA YIELDCO, LLC SUNEDISON YIELDCO ACQ1 MASTER HOLDCO, LLC SUNEDISON YIELDCO ACQ2 MASTER HOLDCO, LLC SUNEDISON YIELDCO ACQ3 MASTER HOLDCO, LLC SUNEDISON YIELDCO ACQ4 MASTER HOLDCO, LLC SUNEDISON YIELDCO ACQ6 MASTER HOLDCO, LLC SUNEDISON YIELDCO ACQ7 MASTER HOLDCO, LLC SUNEDISON YIELDCO ACQ7, LLC SUNEDISON YIELDCO ACQ8 MASTER HOLDCO, LLC SUNEDISON YIELDCO ACQ9 MASTER HOLDCO, LLC SUNEDISON YIELDCO ACQ9, LLC SUNEDISON YIELDCO ACQ10, LLC SUNEDISON YIELDCO CHILE MASTER HOLDCO, LLC SUNEDISON YIELDCO DG MASTER HOLDCO, LLC SUNEDISON YIELDCO DGS MASTER HOLDCO, LLC SUNEDISON YIELDCO DG-VIII MASTER HOLDCO, LLC SUNEDISON YIELDCO ENFINITY MASTER HOLDCO, LLC SUNEDISON YIELDCO XXXXXX MASTER HOLDCO, LLC SUNEDISON YIELDCO REGULUS HOLDINGS, LLC SUNEDISON YIELDCO REGULUS MASTER HOLDCO, LLC SUNEDISON YIELDCO UK HOLDCO 3, LLC SUNEDISON YIELDCO UK HOLDCO 3 MASTER HOLDCO, LLC [Signature page to Indenture] SUNEDISON YIELDCO UK HOLDCO 4 MASTER HOLDCO, LLC TERRAFORM CD ACQ MASTER HOLDCO, LLC TERRAFORM FIRST WIND ACQ, LLC TERRAFORM FIRST WIND ACQ MASTER HOLDCO, LLC TERRAFORM LPT ACQ MASTER HOLDCO, LLC TERRAFORM POWER IVS I HOLDINGS, LLC TERRAFORM POWER IVS I HOLDINGS II, LLC TERRAFORM POWER IVS I MASTER HOLDCO, LLC TERRAFORM PRIVATE HOLDINGS II, LLC TERRAFORM REC ACQ MASTER HOLDCO, LLC TERRAFORM SOLAR MASTER HOLDCO, LLC TERRAFORM SOLAR XVII ACQ MASTER HOLDCO, LLC TERRAFORM THOR ACQ HOLDINGS, LLC TERRAFORM THOR ACQ MASTER HOLDCO, LLC By: Revel AC/s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Representative [Signature page to Indenture] ERIE WIND, LLCLLC NIAGARA WIND POWER, a New Jersey limited liability companyLLC VERMONT WIND, its sole member LLC By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Xxxxxxx Xxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxx Xxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary Authorized Representative [Signature page to Indenture] U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely Bank National Association as Trustee By: /s/ Xxxxxx X. Xxxxxxx Xxxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxx Xxxxxxxx Title: Vice President [Signature page to Indenture] [Face of Note] 4.75% Senior Notes due 2030 No. promise ______ $_____ TERRAFORM POWER OPERATING, LLC promises to pay to __________ or registered assigns, the principal sum of ______________________________________ DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March January 15, 20182030. Interest Payment Dates: March January 15 and September July 15 Record Dates: March January 1 and September 1July 1 Dated: ________________ TERRAFORM POWER OPERATING, LLC By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: U.S. Bank National Association, as Trustee Authorized Signatory A1-1 [Back of Note] 4.75% Senior Notes due 2030 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
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Samples: Indenture (TerraForm Power, Inc.)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17105 114 [Indenture signature page] Company: DATED: October 15, 2011 REVEL1999 IASIS HEALTHCARE CORPORATION BY: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Waynx Xxxxx -------------------------------------- Name: Xxxx Xxxxxxxxxx Waynx Xxxxx Title: President and Chief Financial OfficerExecutive Officer Guarantors: BAPTIST JOINT VENTURE HOLDINGS, Treasurer INC. BEAUMONT HOSPITAL HOLDINGS, INC. BILTMORE SURGERY CENTER, INC. CLINICARE OF UTAH, INC. DAVIX XXXPITAL & MEDICAL CENTER, INC. DAVIX XXXGICAL CENTER HOLDINGS, INC. FIRST CHOICE PHYSICIANS NETWORK HOLDINGS, INC. HEALTH CHOICE ARIZONA, INC. IASIS HEALTHCARE HOLDINGS, INC. IASIS MANAGEMENT COMPANY JORDAN VALLEY HOSPITAL, INC. METRO AMBULATORY SURGERY CENTER, INC. PIONEER VALLEY HEALTH PLAN, INC. PIONEER VALLEY HOSPITAL, INC. ROCKY MOUNTAIN MEDICAL CENTER, INC. SALT LAKE REGIONAL MEDICAL CENTER, INC. SANDX XXXY HOLDINGS, INC. SOUTHRIDGE PLAZA HOLDINGS, INC. SSJ ST. PETERSBURG HOLDINGS, INC. BY: /s/ Waynx Xxxxx -------------------------------------- Name: Waynx Xxxxx Title: President and Secretary REVEL ACChief Executive Officer 115 MEMORIAL HOSPITAL OF TAMPA, LLCLP MESA GENERAL HOSPITAL, a Delaware limited liability company LP ODESSA REGIONAL HOSPITAL, LP PALMS OF PASADENA HOSPITAL, LP SOUTHWEST GENERAL HOSPITAL, LP ST. LUKE'S BEHAVIORAL HOSPITAL, LP ST. LUKE'S MEDICAL CENTER, LP TEMPE ST. LUKE'S HOSPITAL, LP TOWN & COUNTRY HOSPITAL, LP By: Revel ACIASIS HEALTHCARE HOLDINGS, Inc., a Delaware corporation, its sole member INC. BY: /s/ Xxxx Xxxxxxxxxx Waynx Xxxxx ------------------------------------- Name: Xxxx Xxxxxxxxxx Waynx Xxxxx Title: President and Chief Financial OfficerExecutive Officer THE BANK OF NEW YORK, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee ByBY: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Title: Vice President Marix Xxxxxxxx ---------------------------------------- Authorized Signatory 116 EXHIBIT A-1 (Face of Note) ================================================================================ CUSIP____________ 13% SERIES A SENIOR SUBORDINATED NOTES DUE 2009 No. promise _________ $ ___________ IASIS HEALTHCARE CORPORATION promises to pay to _____________________________________________________________ or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] ____________________________________ Dollars on March October 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 12009.
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Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. 91 SIGNATURES Dated as of February 17October 11, 2011 REVEL2005 DYCOM INVESTMENTS, INC. By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx ______________________________________ Name: Xxxxxxx X. Xxxx Xxxxxxxxxx Title: Treasurer ANSCO & ASSOCIATES, LLC APEX DIGITAL, LLC C-2 UTILITY CONTRACTORS, LLC CABLECOM, LLC CAN-AM COMMUNICATIONS, INC. COMMUNICATIONS CONSTRUCTION GROUP, LLC DYCOM CAPITAL MANAGEMENT, INC. DYCOM IDENTITY, LLC XXXXX CABLE CONSTRUCTION, LLC GLOBE COMMUNICATIONS, LLC INSTALLATION TECHNICIANS, LLC XXX X. XXXXX COMPANY, LLC LAMBERTS CABLE SPLICING COMPANY, LLC LOCATING, INC. XXXXXXX CONSTRUCTION, LLC XXXXX XXXXX SONS COMPANY, LLC POINT TO POINT COMMUNICATIONS, INC. PRECISION VALLEY COMMUNICATIONS OF VERMONT, LLC RJE TELECOM, LLC XXXXXXX COMMUNICATIONS LIMITED PARTNERSHIP STAR CONSTRUCTION, LLC XXXXXXX COMMUNICATIONS, LLC S.T.S., LLC TCS COMMUNICATIONS, LLC TESINC, LLC UNDERGROUND SPECIALTIES, LLC US COMMUNICATIONS CONTRACTORS, LLC UTILIQUEST, LLC WHITE MOUNTAIN CABLE CONSTRUCTION, LLC By: ______________________________________ Name: Xxxxxxx X. Xxxx Title: Treasurer DYCOM INDUSTRIES, INC. By: ______________________________________ Name: Xxxxxxx X. Xxxx Title: Senior Vice President and Chief Financial OfficerOfficer WACHOVIA BANK, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company NATIONAL ASSOCIATION By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx ______________________________________ Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Title: Vice President [Face of Note] CUSIP/CINS ___________ 8-1/8% Senior Subordinated Notes due 2015 No. promise ___ $____________ DYCOM INVESTMENTS, INC. promises to pay to [_________] or registered assigns, the principal sum of ________________________________________________ DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15_____________, 201820___. Interest Payment Dates: March April 15 and September October 15 Record Dates: March 1 31 and September 130 Dated: _______________, 2005 DYCOM INVESTMENTS, INC. By: ______________________________________ Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: WACHOVIA BANK, NATIONAL ASSOCIATION, as Trustee By: ______________________________ Authorized Signatory [Back of Note] 8-1/8% Senior Subordinated Notes due 2015 [Insert the Global Note Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture] Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (Dycom Industries Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. SIGNATURES Dated as of February 17December 14, 2011 REVEL1998 AEI RESOURCES, INC. By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx X. Xxxx ________________________ Name: Xxxx Xxxxxxxxxx X. Xxxx Title: Chief Financial OfficerConfirmed and agreed to as Guarantors: 17 WEST MINING, Treasurer and Secretary REVEL ACINC., ACECO, INC., XXXXXXXXX MINING, INC., AEI COAL SALES COMPANY, INC., AEI HOLDING COMPANY, INC. AEI RESOURCES HOLDING, INC., AMERICOAL DEVELOPMENT COMPANY, APPALACHIAN REALTY COMPANY, AYRSHIRE LAND COMPANY, BELLAIRE TRUCKING COMPANY, BLUEGRASS COAL DEVELOPMENT COMPANY, BOWIE RESOURCES LIMITED CC COAL COMPANY, COAL VENTURES HOLDING COMPANY, INC., EAST KENTUCKY ENERGY CORPORATION, EMPLOYEE BENEFITS MANAGEMENT, INC., ENCOAL CORPORATION, ENERZ CORPORATION, EVERGREEN MINING COMPANY, FAIRVIEW LAND COMPANY, FRANKLIN COAL SALES COMPANY, GRASSY COVE COAL MINING COMPANY, HERITAGE MINING COMPANY, HIGHLAND COAL, INC., XXXXX-XXXXX CO., INC., XXXXXX COAL COMPANY, XXXXXX RESOURCES, INC., XXXXXX RESOURCES MANAGEMENT, INC., MEADOWLARK, INC., MEGA MINERALS, INC., MIDWEST COAL SALES COMPANY, MID-VOL LEASING, INC. MINING TECHNOLOGIES, INC., MOUNTAIN-CLAY, INCORPORATED (d/b/a Mountain Clay, Inc.), PHOENIX LAND COMPANY, PREMIUM PROCESSING, INC., PREMIUM COAL DEVELOPMENT COMPANY, PRO-LAND, INC. (d/b/a Kem Coal Company) R. & F. COAL COMPANY, RIVER COAL COMPANY, INC., ROARING CREEK COAL COMPANY, SHIPYARD RIVER COAL TERMINAL COMPANY, STRAIGHT CREEK COAL RESOURCES COMPANY, TENNESSEE MINING, INC., TURRIS COAL COMPANY, WYOMING COAL TECHNOLOGY, INC., XXXXXXX COAL HOLDING COMPANY, XXXXXXX ENVIRONMENTAL SERVICES COMPANY, ZENERGY, INC., each as Guarantor By: /s/ Xxxx X. Xxxx ________________________________ Name: Xxxx X. Xxxx Title: BEECH COAL COMPANY, CANNELTON, INC., CANNELTON INDUSTRIES, INC., CANNELTON LAND COMPANY, CANNELTON SALES COMPANY, XXXX COAL & DOCK COMPANY, XXXXXX HOLDINGS, INC., KANAWHA CORPORATION, KINDILL HOLDING, INC., KINDILL MINING, INC., MIDWEST COAL COMPANY , MOUNTAINEER COAL DEVELOPMENT COMPANY, MOUNTAIN COALS CORPORATION, OLD BEN COAL COMPANY, WEST VIRGINIA-INDIANA COAL HOLDING COMPANY, INC., each as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxxx _______________________________ Name: Xxxxxxx X. Xxxxxxxxx Title: BENTLEY COAL COMPANY, SKYLINE COAL COMPANY, KENTUCKY PRINCE MINING COMPANY, each as Guarantor By: GRASSY COVE COAL MINING COMPANY, ROARING CREEK COAL COMPANY, each as General Partner of each of the entities listed above By: /s/ Xxxx X. Xxxx _________________________________ Name: Xxxx X. Xxxx Title: NUCOAL, LLC, a Delaware limited liability company as Guarantor By: Revel AC, Inc., a Delaware corporation, its sole member AMERICOAL DEVELOPMENT COMPANY ENCOAL CORPORATION each as Member By: /s/ Xxxx Xxxxxxxxxx X. Xxxx _________________________________ Name: Xxxx Xxxxxxxxxx X. Xxxx Title: Chief Financial OfficerSTATE STREET BANK AND TRUST COMPANY, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxx X. Xxxxxx X. Xxxxxxx _________________________________ Name: Xxxxx X. Xxxxxx X. Xxxxxxx, CCTS Title: Vice President EXHIBIT A-1 (FACE OF NOTE) ===============================================================================
(a) CUSIP/CINS ________________ No. promise ____ $__________________ AEI RESOURCES, INC. promises to pay to to_____________________________________________________________ or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] of_________________________________________________________ Dollars on March December 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 12006.
Appears in 1 contract
Samples: Indenture (Appalachian Realty Co)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. 106 [SIGNATURES] 107 SIGNATURES Dated as of February 17March 23, 2011 REVEL2004 CALPINE GENERATING COMPANY, LLC By: a Delaware corporation /s/ Xxxxx Xxxx Xxxxxxxxxx ---------------------------------------- Name: Xxxxx Xxxx Xxxxxxxxxx Title: Chief Financial OfficerVice President CALGEN FINANCE CORP. By: /s/ Xxxxx Xxxx ---------------------------------------- Name: Xxxxx Xxxx Title: Vice President [Third Priority Indenture - Calpine Generating Company, Treasurer LLC and Secretary REVEL ACCalGen Finance Corp.] THE GUARANTORS: CALGEN EXPANSION COMPANY, LLCLLC CPN FREESTONE, a Delaware LLC CALPINE FREESTONE, LLC CALPINE FREESTONE ENERGY GP, LLC CALPINE CHANNEL ENERGY CENTER LP, LLC CALPINE CHANNEL ENERGY CENTER GP, LLC CHANNEL POWER GP, LLC CALGEN EQUIPMENT FINANCE HOLDINGS, LLC CALGEN PROJECT EQUIPMENT FINANCE COMPANY ONE, LLC CALGEN PROJECT EQUIPMENT FINANCE COMPANY THREE LLC CALGEN EQUIPMENT FINANCE COMPANY, LLC NUECES BAY ENERGY LLC CALPINE NORTHBROOK SOUTHCOAST INVESTORS, LLC CALPINE CORPUS CHRISTI ENERGY GP, LLC ZION ENERGY LLC LOS MEDANOS ENERGY CENTER, LLC XXXXXX ENERGY CENTER, LLC XXXXXXXX ENERGY LLC DECATUR ENERGY CENTER, LLC CALPINE XXXXX POWER I, LLC CALPINE XXXXX POWER II, LLC CALPINE BAYTOWN ENERGY CENTER LP, LLC CALPINE BAYTOWN ENERGY CENTER GP, LLC BAYTOWN POWER GP, LLC COLUMBIA ENERGY LLC DELTA ENERGY CENTER, LLC CALGEN PROJECT EQUIPMENT FINANCE COMPANY TWO, LLC PASTORIA ENERGY FACILITY L.L.C. CALPINE PASTORIA HOLDINGS, LLC Executing this Third Priority Indenture on behalf of and so as to bind each of the limited liability company companies named above under the caption "The Guarantors" By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxxx Xxxx Xxxxxxxxxx ------------------------------------------ Name: Xxxxx Xxxx Xxxxxxxxxx Title: Chief Financial OfficerVice President 108 THE GUARANTORS: FREESTONE POWER GENERATION LP CALPINE FREESTONE ENERGY, Treasurer LP CALPINE POWER EQUIPMENT LP CHANNEL POWER, LP CHANNEL ENERGY CENTER, LP CALPINE CORPUS CHRISTI ENERGY, LP CORPUS CHRISTI COGENERATION LP CALPINE XXXXX POWER, L.P. BAYTOWN ENERGY CENTER, LP BAYTOWN POWER, LP Executing this Third Priority Indenture on behalf of and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey so as to bind each of the limited liability company partnerships named above under the caption "The Guarantors" By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxxx Xxxx Xxxxxxxxxx ------------------------------------------ Name: Xxxxx Xxxx Xxxxxxxxxx Title: Chief Financial OfficerVice President 109 WILMINGTON TRUST FSB, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx Xxxxx X. Xxxxxxx XxXxxxxx ------------------------------------------ Name: Xxxxxx Xxxxx X. Xxxxxxx, CCTS XxXxxxxx Title: Vice President No[Third Priority Indenture - Calpine Generating Company, LLC and CalGen Finance Corp.] SCHEDULE A PERMITTED PRIOR LIENS EXISTING ON THE CLOSING DATE See attached. promise SCHEDULE A-1 Lien in favor of General Electric Capital Corporation relating to the lease of a crane by Freestone Power Generation LP. (Delaware UCC Financing Statement #03-0026032006 - April 30,2003) EXHIBIT A-1 [Face of Note] -------------------------------------------------------------------------------- CUSIP[13135B AC 0--144A] [13135B AG 1--Exchange] ISIN [US13135BAC00--144A] [US1313135BAG14--Exchange] Third Priority Secured Boating Rate Note due 2011 No.------ $ -------- CALPINE GENERATING COMPANY, LLC CALGEN FINANCE CORP. promises to pay to ---------------------------------- or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] ---------------------------------------------------------- Dollars on March 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1April 1,2011.
Appears in 1 contract
Samples: Third Priority Secured Notes Indenture (Delta Energy Center, LLC)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17Very truly yours, 2011 REVELTEXAS INDUSTRIES, INC. By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx XXXXXXX X. XXXXX Name: Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxxx Title: VP – Finance, Chief Financial OfficerOfficer Guarantors: BROOKHOLLOW CORPORATION BROOK HOLLOW PROPERTIES, Treasurer and Secretary REVEL ACINC. BROOKHOLLOW OF ALEXANDRIA, LLCINC. BROOKHOLLOW OF VIRGINIA, a Delaware limited liability company INC. SOUTHWESTERN FINANCIAL CORPORATION CREOLE CORPORATION PACIFIC CUSTOM MATERIALS, INC. RIVERSIDE CEMENT COMPANY XXXXXX LIMESTONE PRODUCTS, INC. RIVERSIDE CEMENT HOLDINGS COMPANY TXI AVIATION, INC. TXI CALIFORNIA INC. TXI CEMENT COMPANY TXI POWER COMPANY TXI RIVERSIDE INC. TXI TRANSPORTATION COMPANY By: Revel AC/s/ XXXXXXX X. XXXXX Authorized Officer TEXAS INDUSTRIES HOLDINGS, Inc.LLC TEXAS INDUSTRIES TRUST TXI LLC TXI OPERATING TRUST By: /s/ XXXXXXX X. XXXXX Authorized Officer TXI OPERATIONS, a Delaware corporationLP By: TXI Operating Trust, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company general partner By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary XXXXXXX X. XXXXX Authorized Officer U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx XXXX XXXXXXX Name: Xxxxxx X. Xxxxxxx, CCTS Xxxx Xxxxxxx Title: Vice President No. promise **$ ** Issue Date: Texas Industries, Inc., a Delaware corporation (the “Company”, which term includes any successor under this Indenture hereinafter referred to), for value received, promises to pay to CEDE & CO., or its registered assigns, the principal sum of DOLLARS [Amount of Note] (as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] $ ) on March August 15, 20182020. Interest Payment Dates: March February 15 and September 15 August 15, commencing February 15, 2011. Record Dates: March February 1 and September August 1. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place.
Appears in 1 contract
Samples: Indenture (Texas Industries Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17ARAMARK SERVICES, 2011 REVELINC. By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxxx Title: Chief Financial Officer, Vice President and Treasurer ARAMARK By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Vice President and Secretary REVEL AC, Treasurer ARAMARK AVIATION SERVICES LIMITED PARTNERSHIP By: ARAMARK SMMS LLC, a Delaware limited liability company its General Partner By: Revel ACARAMARK SERVICES, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability companyINC., its sole member By: Revel AC, Inc., a Delaware corporation/s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Vice President and Treasurer ARAMARK MANAGEMENT SERVICES LIMITED PARTNERSHIP By: ARAMARK SMMS LLC, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company General Partner By: Revel ACARAMARK SERVICES, LLC, a New Jersey limited liability companyINC., its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxxx Title: Chief Financial Officer, Vice President and Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company EACH OF THE SUBSIDIARY GUARANTORS LISTED ON SCHEDULE A HERETO By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxxx Title: Chief Financial OfficerTreasurer THE BANK OF NEW YORK MELLON, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx Xxxxxxxx X. Xxxxxxx Name: Xxxxxx Xxxxxxxx X. Xxxxxxx, CCTS Xxxxxxx Title: Vice President 1 L&N Uniform Supply, LLC California 2 Lake Tahoe Cruises, LLC California 3 Old Time Coffee Co. California 4 Paradise Hornblower, LLC California 5 1st & Fresh, LLC Delaware 6 Aramark Asia Management, LLC Delaware 8 Aramark Business & Industry, LLC Delaware 9 Aramark Business Center, LLC Delaware 10 Aramark Business Facilities, LLC Delaware 11 Aramark Campus, LLC Delaware 12 Aramark Cleanroom Services (Puerto Rico), Inc. Delaware 13 Aramark Cleanroom Services, LLC Delaware 14 Aramark Confection, LLC Delaware 15 Aramark Construction and Energy Services, LLC Delaware 16 Aramark Construction Services, Inc. Delaware 17 Aramark Correctional Services, LLC Delaware 18 Aramark Educational Group, LLC Delaware 19 Aramark Educational Services, LLC Delaware 20 Aramark Entertainment, LLC Delaware 21 Aramark Facility Services, LLC Delaware 22 Aramark FHC Business Services, LLC Delaware 23 Aramark FHC Campus Services, LLC Delaware 24 Aramark FHC Correctional Services, LLC Delaware 25 Aramark FHC Healthcare Support Services, LLC Delaware 26 Aramark FHC Refreshment Services, LLC Delaware 27 Aramark FHC School Support Services, LLC Delaware 28 Aramark FHC Services, LLC Delaware 29 Aramark FHC Sports and Entertainment Services, LLC Delaware 30 Aramark FHC, LLC Delaware 31 Aramark Food and Support Services Group, Inc. Delaware 32 Aramark Food Service, LLC Delaware 33 Aramark FSM, LLC Delaware 34 Aramark Global, Inc. Delaware 35 Aramark Healthcare Support Services of the Virgin Islands, Inc. Delaware 36 Aramark Healthcare Support Services, LLC Delaware 37 Aramark Healthcare Technologies, LLC Delaware 38 Aramark Industrial Services, LLC Delaware 39 Aramark Japan, LLC Delaware 41 Aramark Management, LLC Delaware 42 Aramark Organizational Services, LLC Delaware 43 Aramark Processing, LLC Delaware 44 Aramark Rail Services, LLC Delaware 45 Aramark RBI, Inc. Delaware 46 Aramark Refreshment Group, Inc. Delaware 47 Aramark Refreshment Services of Tampa, LLC Delaware 48 Aramark Refreshment Services, LLC Delaware 49 Aramark Schools Facilities, LLC Delaware 50 Aramark Schools, LLC Delaware 51 Aramark SCM, Inc. Delaware 52 Aramark Senior Living Services, LLC Delaware 53 Aramark Senior Notes Company, LLC Delaware 54 Aramark Services of Puerto Rico, Inc. Delaware 55 Aramark SM Management Services, Inc. Delaware 56 Aramark SMMS LLC Delaware 57 Aramark SMMS Real Estate LLC Delaware 58 Aramark Sports and Entertainment Group, LLC Delaware 59 Aramark Sports and Entertainment Services, LLC Delaware 60 Aramark Sports Facilities, LLC Delaware 61 Aramark Sports, LLC Delaware 62 Aramark Togwotee, LLC Delaware 63 Aramark Trademark Services, Inc. Delaware 64 Aramark U.S. Offshore Services, LLC Delaware 65 Aramark Uniform & Career Apparel Group, Inc. Delaware 66 Aramark Uniform & Career Apparel, LLC Delaware 67 Aramark Uniform Manufacturing Company Delaware 68 Aramark Uniform Services (Matchpoint) LLC Delaware 69 Aramark Uniform Services (Rochester) LLC Delaware 70 Aramark Uniform Services (Syracuse) LLC Delaware 71 Aramark Uniform Services (Texas) LLC Delaware 72 Aramark Uniform Services (West Xxxxx) LLC Delaware 73 Aramark Venue Services, Inc. Delaware 74 Aramark WTC, LLC Delaware 75 Aramark/HMS, LLC Delaware 76 Canyonlands Rafting Hospitality, LLC Delaware 77 D.G. Xxxxx XX, Inc. Delaware 78 Delsac VIII, Inc. Delaware 79 Filterfresh Coffee Service, LLC Delaware 80 Filterfresh Franchise Group, LLC Delaware 81 Fine Host Holdings, LLC Delaware 82 Xxxxxxxx Conference Associates, LLC Delaware 83 Xxxxx X. Xxxxxxx, LLC Delaware 84 HPSI Purchasing Services LLC Delaware 85 Institutional Processing Services LLC Delaware 86 Xxxxx Textile Rental Services, LLC Delaware 87 Lifeworks Restaurant Group, LLC Delaware 88 New Aramark LLC Delaware 89 Yosemite Hospitality, LLC Delaware 90 American Snack & Beverage, LLC Florida 91 Aramark Distribution Services, Inc. Illinois 92 Aramark FHC Kansas, Inc. Kansas 93 Aramark Services of Kansas, Inc. Kansas 94 Restaura, Inc. Michigan 95 Travel Systems, LLC Nevada 96 Xxxxx X. Xxxxxxx Inc. of New Jersey. New Jersey 97 Aramark Technical Services North Carolina, Inc. North Carolina 98 Xxxxxxxx Conference Services of North Carolina, LLC North Carolina 99 Aramark American Food Services, LLC Ohio 100 Aramark Consumer Discount Company Pennsylvania 101 Xxxxx X. Xxxxxxx Inc. of Penn Pennsylvania 102 MyAssistant, Inc. Pennsylvania 103 Aramark Business Dining Services of Texas, LLC Texas 104 Aramark Educational Services of Texas, LLC Texas 105 Aramark Food Service of Texas, LLC Texas 106 Aramark Sports and Entertainment Services of Texas, LLC Texas 107 Brand Coffee Service, Inc. Texas 108 Aramark Educational Services of Vermont, Inc. Vermont 109 Overall Laundry Services, Inc. Washington 110 Aramark Capital Asset Services, LLC Wisconsin [Insert the Global Note Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Regulation S Temporary Global Note Legend, if applicable pursuant to the provisions of the Indenture] No. promise [$ ] promises to pay to CEDE & CO. or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in on the “Schedule of Exchanges of Interests in the Global Note” Note attached hereto)] [of United States Dollars] on March 15April 1, 20182025. Interest Payment Dates: April 1 and October 1 Record Dates: March 15 and September 15 Record Dates1 Rule 144A Note CUSIP: March 1 and September 1038522 AP3 Rule 144A Note ISIN: US038522AP34 Regulation S Note CUSIP: U0389L AD3 Regulation S Note ISIN: USU0389LAD39 IN WITNESS HEREOF, the Issuer has caused this instrument to be duly executed. Dated: ARAMARK SERVICES, INC. By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture. THE BANK OF NEW YORK MELLON, as Trustee By: Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (Aramark)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17, 2011 REVELAMERICAN SEAFOODS GROUP LLC By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx -------------------------------- Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerAuthorized Signatory AMERICAN SEAFOODS, Treasurer and Secretary REVEL ACINC. By: -------------------------------- Name: Title: GUARANTORS: AMERICAN CHALLENGER LLC By: -------------------------------- Name: Title: AMERICAN DYNASTY LLC By: -------------------------------- Name: Title: 99 AMERICAN SEAFOODS COMPANY LLC By: -------------------------------- Name: Title: AMERICAN SEAFOODS INTERNATIONAL LLC By: -------------------------------- Name: Title: AMERICAN SEAFOODS PROCESSING LLC By: -------------------------------- Name: Title: AMERICAN TRIUMPH LLC By: -------------------------------- Name: Title: THE XXXXXX GROUP LLC By: -------------------------------- Name: Title: 100 KATIE XXX LLC By: -------------------------------- Name: Title: NEW BEDFORD SEAFOODS LLC By: -------------------------------- Name: Title: NORTHERN EAGLE LLC By: -------------------------------- Name: Title: NORTHERN HAWK LLC By: -------------------------------- Name: Title: NORTHERN XXXXXX LLC By: -------------------------------- Name: Title: 101 OCEAN ROVER LLC By: -------------------------------- Name: Title: Xxxxx Fargo Bank Minnesota, National Association as Trustee By: -------------------------------- Name: Xxxxxx X. X'Xxxxxxx Title: Corporate Trust Officer 102 SCHEDULE A GUARANTORS Guarantor Jurisdiction of Organization --------- ---------------------------- American Challenger LLC Delaware American Dynasty LLC Delaware American Seafoods Company LLC Delaware American Seafoods International LLC Delaware American Seafoods Processing LLC Delaware American Triumph LLC Delaware The Xxxxxx Group LLC Delaware Katie Xxx LLC Delaware New Bedford Seafoods LLC Delaware Northern Eagle LLC Delaware Northern Hawk LLC Delaware Northern Xxxxxx LLC Delaware Ocean Rover LLC Delaware Schedule A EXHIBIT A1 [Face of Note] CUSIP [________] No. **$[_______________]** ------------ AMERICAN SEAFOODS GROUP LLC AMERICAN SEAFOODS, INC.
10 1 8% Senior Subordinated Notes due 2010 Issue Date: [___________________] American Seafoods Group LLC, a Delaware limited liability company By: Revel AC(the "Company"), and American Seafoods, Inc., a Delaware corporationcorporation and wholly owned subsidiary of the Company ("ASI" and, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officertogether with the Company, Treasurer collectively, the "Issuers" and Secretary REVEL ATLANTIC CITYeach individually, LLCan "Issuer", a New Jersey limited liability company By: Revel ACwhich term includes any successor under the Indenture hereinafter referred to), LLCfor value received, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Title: Vice President No. promise to pay to CEDE & CO., or its registered assigns, the principal sum of DOLLARS [_____________________] (as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] $[______________]) on March April 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 12010.
Appears in 1 contract
Samples: Indenture (American Seafoods Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. SIGNATURES Dated as of February 17December 14, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer1998 AEI RESOURCES, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee INC. By: /s/ Xxxxxx Xxxx X. Xxxxxxx Xxxx _____________________________________ Name: Xxxxxx Title: AEI HOLDING COMPANY, INC. By: /s/ Xxxx X. XxxxxxxXxxx ___________________________________ Name: Title: IBJ XXXXXXXX BANK & TRUST COMPANY, CCTS as trustee By: /s/ Xxxxxxx Xxxxxxx ___________________________________ Name: Xxxxxxx Xxxxxxx Title: Assistant Vice President Confirmed and agreed to as Guarantors: 17 WEST MINING, INC., ACECO, INC., XXXXXXXXX MINING, INC., AEI COAL SALES COMPANY, INC., AEI RESOURCES HOLDING, INC., AMERICOAL DEVELOPMENT COMPANY, APPALACHIAN REALTY COMPANY, AYRSHIRE LAND COMPANY, BELLAIRE TRUCKING COMPANY, BLUEGRASS COAL DEVELOPMENT COMPANY, BOWIE RESOURCES LIMITED CC COAL COMPANY, COAL VENTURES HOLDING COMPANY, INC., EAST KENTUCKY ENERGY CORPORATION, EMPLOYEE BENEFITS MANAGEMENT, INC., ENCOAL CORPORATION, ENERZ CORPORATION, EVERGREEN MINING COMPANY, FAIRVIEW LAND COMPANY, FRANKLIN COAL SALES COMPANY, GRASSY COVE COAL MINING COMPANY, HERITAGE MINING COMPANY, HIGHLAND COAL, INC., XXXXX-XXXXX CO., INC., XXXXXX COAL COMPANY, XXXXXX RESOURCES, INC., XXXXXX RESOURCES MANAGEMENT, INC., MEADOWLARK, INC., MEGA MINERALS, INC., MIDWEST COAL SALES COMPANY, MID-VOL LEASING, INC. MINING TECHNOLOGIES, INC., MOUNTAIN-CLAY, INCORPORATED (d/b/a Mountain Clay, Inc.), PHOENIX LAND COMPANY, PREMIUM PROCESSING, INC., PREMIUM COAL DEVELOPMENT COMPANY, PRO-LAND, INC. (d/b/a Kem Coal Company) R. & F. COAL COMPANY, RIVER COAL COMPANY, INC., ROARING CREEK COAL COMPANY, SHIPYARD RIVER COAL TERMINAL COMPANY, STRAIGHT CREEK COAL RESOURCES COMPANY, TENNESSEE MINING, INC., TURRIS COAL COMPANY, WYOMING COAL TECHNOLOGY, INC., XXXXXXX COAL HOLDING COMPANY, XXXXXXX ENVIRONMENTAL SERVICES COMPANY, ZENERGY, INC., each as Guarantor By: /s/ Xxxx X. Xxxx ___________________________________ Name: Title: BEECH COAL COMPANY, CANNELTON, INC., CANNELTON INDUSTRIES, INC., CANNELTON LAND COMPANY, CANNELTON SALES COMPANY, XXXX COAL & DOCK COMPANY, XXXXXX HOLDINGS, INC., KANAWHA CORPORATION, KINDILL HOLDING, INC., KINDILL MINING, INC., MIDWEST COAL COMPANY , MOUNTAINEER COAL DEVELOPMENT COMPANY, MOUNTAIN COALS CORPORATION, OLD BEN COAL COMPANY, WEST VIRGINIA-INDIANA COAL HOLDING COMPANY, INC., each as Guarantor By: /s/ Xxxxxxx X. Xxxxxxxxx ___________________________________ Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President of Administration BENTLEY COAL COMPANY, SKYLINE COAL COMPANY, KENTUCKY PRINCE MINING COMPANY, each as Guarantor By: GRASSY COVE COAL MINING COMPANY, ROARING CREEK COAL COMPANY, each as General Partner of each of the entities listed above By: /s/ Xxxx X. Xxxx ___________________________________ Name: Xxxx X. Xxxx Title: NUCOAL, LLC, as Guarantor By: AMERICOAL DEVELOPMENT COMPANY ENCOAL CORPORATION each as Member By: /s/ Xxxx X. Xxxx ___________________________________ Name: Xxxx X. Xxxx Title: EXHIBIT A-1 (FACE OF NOTE) ================================================================================
(a) CUSIP/CINS ______________ 10 1/2% Series A Senior Notes due 2005 No. $_______________ AEI RESOURCES, INC. AND AEI HOLDING COMPANY, INC. promise to pay to to_______________________________________________________________ or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] of__________________________________________________________ Dollars on March December 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 12005.
Appears in 1 contract
Samples: Indenture (Appalachian Realty Co)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17SIGNATURES BUILDERS FIRSTSOURCE, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL AC, LLCINC., a Delaware limited liability company Corporation By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT Xxxsident BUILDERS FIRSTSOURCE - NORTHEAST GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member as Guarantor By: Revel AC/s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - TEXAS GENPAR, Inc.LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - MBS, LLC, a Delaware limited liability company, as Guarantor By: /s/ Andrew T. Panaccione ------------------------------------ Name: Andrew T. Panaccione Tixxx: Xxxx Xxxxxxxxx and Secretary BUILDERS FIRSTSOURCE - TEXAS GROUP, L.P., a Texas limited partnership, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident (Signature page to Indenture) BFS TEXAS, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - SOUTH TEXAS, L.P., a Texas limited partnership as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - TEXAS INSTALLED SALES, L.P., a Texas limited partnership, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BFS IP, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - INTELLECTUAL PROPERTY, L.P., a Texas limited partnership, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident (Signature page to Indenture) BUILDERS FIRSTSOURCE HOLDINGS, INC., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee Guarantor By: /s/ Xxxxxx X. Xxxxxxx Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx X. XxxxxxxXxxx Xxxsident BUILDERS FIRSTSOURCE - DALLAS, CCTS TitleLLC, a Delaware limited liability company, as Guarantor By: Vice President /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - FLORIDA, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - FLORIDA DESIGN CENTER, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - OHIO VALLEY, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident (Signature page to Indenture) BFS, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - ATLANTIC GROUP, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE OF NASHVILLE, INC., a Tennessee corporation, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - SOUTHEAST GROUP, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - SNC, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident (Signature page to Indenture) CCWP, INC., a South Carolina close corporation, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - RALEIGH, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - COLORADO GROUP, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE - COLORADO, LLC, a Delaware limited liability company, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident BUILDERS FIRSTSOURCE FINANCING, INC., a Delaware corporation, as Guarantor By: /s/ Donald F. McAleenan ------------------------------------ Name: Donald F. McAleenan Titxx: Xxxxxx Xxxx Xxxsident (Signature page to Indenture) WILMINGTON TRUST COMPANY By: /s/ Kathleen A. Pedelini ------------------------------------ Name: Kathleen A. Pedelini Tixxx: Xxxxxxxxx Xxxxxces Officer (Signature page to Indenture) [Face of Note] ================================================================================ CUSIP/CINS ____________ Second Priority Senior Secured Floating Rate Notes due 2012 No. promise ___ $____________ [NAME OF COMPANY] promises to pay to [______________] or registered assigns, the principal sum of _________________________________________________ DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March February 15, 20182012. Interest Payment Dates: March February 15, May 15, August 15 and September November 15 Record Dates: March February 1, May 1, August 1 and September November 1 Dated: _________________ [NAME OF COMPANY] By: ------------------------------------ Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: [TRUSTEE], as Trustee By: ------------------------------------ Authorized Signatory ================================================================================ A1-1 [Back of Note] Second Priority Senior Secured Floating Rate Notes due 2012 THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (3) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (4) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 WATER STREET, NEW YORK, NEW YORK) ("DTC"), TO THE COMPANY OR ITS AGXXX XXX XXXXXXXXXXXX XX XXXXXXXX, XXXXXXXE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. THIS NOTE HAS NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT") AND, ACCORDINGLY, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED WITHIN THE UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, U.S. PERSONS, EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF OR OF A BENEFICIAL INTEREST HEREIN, THE HOLDER (1) REPRESENTS THAT (A) IT IS A "QUALIFIED INSTITUTIONAL BUYER" (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) (A "QIB"), (B) IT IS NOT A U.S. PERSON, IS NOT ACQUIRING THIS NOTE FOR THE ACCOUNT OR BENEFIT OF A U.S. PERSON AND IS ACQUIRING THIS NOTE IN AN OFFSHORE TRANSACTION IN COMPLIANCE WITH REGULATION S UNDER THE SECURITIES ACT OR (C) IT IS AN INSTITUTIONAL "ACCREDITED INVESTOR" (AS DEFINED IN RULE 501(A)(1), (2), (3) OR (7) OF REGULATION D UNDER THE SECURITIES ACT) (AN "IAI"), (2) AGREES THAT IT WILL NOT, WITHIN THE TIME PERIOD REFERRED TO UNDER RULE 144(k) (TAKING INTO ACCOUNT THE PROVISIONS OF RULE 144(d) UNDER THE SECURITIES ACT, IF APPLICABLE) UNDER THE SECURITIES ACT AS IN EFFECT ON THE DATE OF THE TRANSFER OF THIS NOTE, RESELL OR OTHERWISE TRANSFER THIS NOTE EXCEPT (A) TO THE COMPANY OR ANY SUBSIDIARY THEREOF, (B) TO A PERSON WHOM THE HOLDER REASONABLY BELIEVES IS A QIB PURCHASING FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QIB IN COMPLIANCE WITH RULE 144A UNDER THE SECURITIES ACT, (C) OUTSIDE THE UNITED STATES IN AN OFFSHORE TRANSACTION IN COMPLIANCE WITH RULE 904 UNDER THE A1-2 SECURITIES ACT, (D) PURSUANT TO THE EXEMPTION FROM REGISTRATION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT (IF AVAILABLE), (E) TO AN IAI THAT, PRIOR TO SUCH TRANSFER, FURNISHES TO THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE REGISTRATION OF TRANSFER OF THIS NOTE (THE FORM OF WHICH LETTER CAN BE OBTAINED FROM THE TRUSTEE) AND, IF SUCH TRANSFER IS IN RESPECT OF AN AGGREGATE PRINCIPAL AMOUNT OF NOTES AT THE TIME OF TRANSFER OF LESS THAN $250,000, AN OPINION OF COUNSEL ACCEPTABLE TO THE COMPANY THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT OR (F) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND, IN EACH CASE, IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS, AND (3) AGREES THAT IT WILL DELIVER TO EACH PERSON TO WHOM THIS NOTE OR AN INTEREST HEREIN IS TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS LEGEND. IN CONNECTION WITH ANY TRANSFER OF THIS NOTE OR ANY INTEREST HEREIN WITHIN THE TIME PERIOD REFERRED TO ABOVE, THE HOLDER MUST CHECK THE APPROPRIATE BOX SET FORTH ON THE REVERSE HEREOF RELATING TO THE MANNER OF SUCH TRANSFER AND SUBMIT THIS CERTIFICATE TO THE TRUSTEE. AS USED HEREIN, THE TERMS "OFFSHORE TRANSACTION," "UNITED STATES" AND "U.S. PERSON" HAVE THE MEANINGS GIVEN TO THEM BY RULE 902 OF REGULATION S UNDER THE SECURITIES ACT. THE INDENTURE CONTAINS A PROVISION REQUIRING THE TRUSTEE TO REFUSE TO REGISTER ANY TRANSFER OF THIS NOTE IN VIOLATION OF THE FOREGOING RESTRICTIONS. Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture Indenture, which have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17MXXXXX PUBLISHING GROUP, 2011 REVELLLC By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Cxxxx X. Xxxxxxxx Title: Chief Financial OfficerSenior Vice President, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company Finance MXXXXX PUBLISHING FINANCE CO. By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Cxxxx X. Xxxxxxxx Title: Chief Financial OfficerSenior Vice President, Treasurer and Secretary REVEL ATLANTIC CITYFinance YANKTON PRINTING COMPANY BROADCASTER PRESS, LLCINC. THE SUN TIMES, a New Jersey limited liability company LLC HXXXX NEWS, LLC LOG CABIN DEMOCRAT, LLC ATHENS NEWSPAPERS, LLC SOUTHEASTERN NEWSPAPERS COMPANY, LLC SXXXXXXX COMMUNICATIONS, INC. FLORIDA PUBLISHING COMPANY THE OAK RIDGER, LLC MPG ALLEGAN PROPERTY, LLC MPG HOLLAND PROPERTY, LLC By: Revel ACName: Cxxxx X. Xxxxxxxx Title: Senior Vice President, LLCFinance SOUTHWESTERN NEWSPAPERS COMPANY, a New Jersey limited liability company, its sole member L.P. By: Revel ACMxxxxx Publishing Group, Inc., a Delaware corporation, LLC its sole member /s/ Xxxx Xxxxxxxxxx General Partner By: Name: Xxxx Xxxxxxxxxx Cxxxx X. Xxxxxxxx Title: Chief Financial OfficerSenior Vice President, Treasurer and Secretary REVEL ENTERTAINMENT GROUPFinance WILMINGTON TRUST FSB, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee and Collateral Agent By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx Pxxxxxx X. Xxxxxxx, CCTS Xxxxx Title: Vice President NoYankton Printing Company Broadcaster Press, Inc. The Sun Times, LLC Hxxxx News, LLC Log Cabin Democrat, LLC Athens Newspapers, LLC Southeastern Newspapers Company, LLC Sxxxxxxx Communications, Inc. Florida Publishing Company Southwestern Newspapers Company, L.P. The Oak Ridger, LLC MPG Allegan Property, LLC MPG Holland Property, LLC
1. promise to pay to or registered assignsAmarillo National Bank, the principal sum P.X. Xxx 0, Xxxxxxxx, XX 00000
2. Bank of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule America, N.A., 800 0xx Xxxxxx, Mail Code WA1-501-08-21, Sxxxxxx, XX 00000
3. First National Bank Alaska, 1000 Xxxxxx Xxxxxx, Anchorage, AK 99510
4. Synovus Financial Corp., P.X. Xxx 000, Xxxxxxxx, XX 00000, for itself and on behalf of Exchanges all of Interests in the Global Note” attached hereto)] on March 15its affiliates, 2018including, but not limited to, Columbus Bank and Trust Company, 1000 Xxxxxxxx, Xxxxxxxx, XX 00000
5. Interest Payment Dates: March 15 Wachovia Bank, National Association, Mail Address Code 1129-072, 300 Xxxxx Xxxxx Xxxxxx, Floor M-7, Charlotte, NC 28288
6. Wxxxx Fargo Bank, National Association, Mail Address Code N1794-013, 100 Xxxxx Xxxxxxxx Xxxxxx, 1st Floor, Sioux Falls, SD 57104
1. Southeastern Newspapers Company, LLC Juneau, AK 3100 Channel Drive, Juneau, AK
2. Athens Newspapers, LLC Cxxxxx County, GA 1 Xxxxx Xxxxx, Xxxxxx, XX 00000
3. Southeastern Newspapers Company, LLC Richmond County, GA 721, 723, 725-731 & 700-000 Xxxxx Xxxxxx, 700-000 Xxxxxxxx Xxxxxx and September 15 Record Dates: March 100 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000
4. Mxxxxx Publishing Group, LLC Shawnee County, KS 600 Xxxxxxxxx Xxxxxx, Xxxxxx, XX 00000
5. Mxxxxx Publishing Group, LLC Crow Wing County, MN 500 Xxxxx Xxxxxx NW, Brainerd, MN 56401
6. Southwestern Newspapers Company, LX Xxxxxx County, TX 900 Xxxxx Xxx Xxxxx & 900 Xxxxx Xxxxxxxx Xxxxxx, Amarillo, TX 79101 7. Southwestern Newspapers Company, LP Lubbock County, TX 702 & 700 Xxxxxx X, Xxxxxxx, XX 00000 8. Mxxxxx Publishing Group, LLC St. Jxxxx County, FL 1 and September 1Xxxx Xxxxx, Xx. Xxxxxxxxx, XX 00000
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table Contents and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17January 28, 2011 REVEL2015 TERRAFORM POWER OPERATING, LLC By: a Delaware corporation TERRAFORM POWER, LLC, Its Sole Member and Sole Manager By: /s/ Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxx Title: Chief Financial OfficerOfficer TERRAFORM POWER, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company LLC By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxx Title: Chief Financial OfficerOfficer SUNEDISON CANADA YIELDCO, Treasurer and Secretary REVEL ATLANTIC CITYLLC SUNEDISON YIELDCO CHILE HOLDCO, LLC SUNEDISON YIELDCO ACQ1, LLC SUNEDISON YIELDCO DG–VIII HOLDINGS, LLC SUNEDISON YIELDCO UK HOLDCO 3, LLC SUNEDISON YIELDCO UK HOLDCO 4, LLC SUNEDISON YIELDCO UK HOLDCO 2, LLC SUNEDISON YIELDCO DG HOLDINGS, LLC SUNEDISON YIELDCO XXXXXX HOLDCO, LLC SUNEDISON YIELDCO REGULUS HOLDINGS, LLC SUNEDISON YIELDCO ACQ2, LLC SUNEDISON YIELDCO ACQ3, LLC SUNEDISON YIELDCO ACQ9, LLC SUNEDISON YIELDCO ACQ4, LLC SUNEDISON YIELDCO ACQ5, LLC SUNEDISON YIELDCO, ENFINITY HOLDINGS, LLC SUNEDISON YIELDCO, DGS HOLDINGS, LLC SUNEDISON YIELDCO ACQ7, LLC SUNEDISON YIELDCO ACQ8, LLC SUNEDISON YIELDCO ACQ6, LLC TERRAFORM POWER IVS I HOLDINGS, LLC TERRAFORM LPT ACQ HOLDINGS, LLC TERRAFORM SOLAR HOLDINGS, LLC TERRAFORM CD ACQ HOLDINGS, LLC TERRAFORM UK1 ACQ HOLDINGS, LLC TERRAFORM REC ACQ HOLDINGS, LLC TERRAFORM SOLAR XVII ACQ HOLDINGS, LLC TERRAFORM FIRST WIND ACQ, LLC By: TERRAFORM POWER OPERATING, LLC, a New Jersey limited liability company its Sole Member and Sole Manager By: Revel ACTERRAFORM POWER, LLC, a New Jersey limited liability company, its sole member Sole Member and Sole Manager By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary Officer U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Xxxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxxx Xxxxxxxx Title: Vice President No. promise promises to pay to or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March 15February 1, 20182023. Interest Payment Dates: March 15 February 1 and September 15 August 1 Record Dates: March 1 January 15 and September 1July 15 Dated: TERRAFORM POWER OPERATING LLC By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: U.S. Bank National Association, as Trustee By: Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (TerraForm Power, Inc.)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17August 14, 2011 REVEL: 2009 AMERICAN CASINO & ENTERTAINMENT PROPERTIES LLC, ACEP FINANCE CORP., a Delaware limited liability company a Delaware corporation /s/ By: /S/ Xxxx Xxxxxxxxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxxxxxxx By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Chief Financial OfficerAuthorized Signatory Title: Authorized Signatory STRATOSPHERE LLC, Treasurer and Secretary REVEL ACSTRATOSPHERE GAMING LLC, a Delaware limited liability company a Nevada limited liability company By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory Title: Authorized Signatory STRATOSPHERE LAND LLC, AQUARIUS GAMING LLC, a Delaware limited liability company a Nevada limited liability company By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory Title: Authorized Signatory CHARLIE’S HOLDING LLC, ARIZONA CHARLIE’S, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey Nevada limited liability company By: Revel AC/S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory Title: Authorized Signatory FRESCA LLC, STRATOSPHERE DEVELOPMENT, LLC, a New Jersey Nevada limited liability company, its sole member By: Revel AC, Inc., company a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC/S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory Title: Authorized Signatory STRATOSPHERE LEASING, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc.STRATOSPHERE ADVERTISING AGENCY LLC, a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, limited liability company a New Jersey Delaware limited liability company By: Revel Entertainment Group/S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory By: Name: Title: W2007 ACEP FIRST MEZZANINE A GEN-PAR, LLCL.L.C., W2007 ACEP FIRST MEZZANINE A BORROWER, L.P., a New Jersey Delaware limited liability company, its sole member company a Delaware limited partnership By: Revel AC/S/ Xxxx Xxxxxxxxxxxx By: W2007 ACEP First Mezzanine A Gen-Par, LLCName: Xxxx Xxxxxxxxxxxx L.L.C., a Delaware limited liability company, Title: Authorized Signatory its sole member general partner By: Revel AC/S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory W2007 ACEP FIRST MEZZANINE B GEN-PAR, Inc.L.L.C., W2007 ACEP FIRST MEZZANINE B BORROWER, L.P., a Delaware corporationlimited liability company a Delaware limited partnership By: /S/ Xxxx Xxxxxxxxxxxx By: W2007 ACEP First Mezzanine B Gen-Par, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Xxxxxxxxxxxx L.L.C., a Delaware limited liability company, Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in Authorized Signatory its individual capacity but solely as Trustee general partner By: /s/ Xxxxxx X. Xxxxxxx /S/ Xxxx Xxxxxxxxxxxx Name: Xxxxxx X. Xxxxxxx, CCTS Xxxx Xxxxxxxxxxxx Title: Vice President Authorized Signatory W2007 STRATOSPHERE GEN-PAR, L.L.C., W2007 STRATOSPHERE PROPCO, L.P., a Delaware limited liability company a Delaware limited partnership By: /S/ Xxxx Xxxxxxxxxxxx By: W2007 Stratosphere Gen-Par, Name: Xxxx Xxxxxxxxxxxx L.L.C., a Delaware limited liability company, Title: Authorized Signatory its general partner By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory W2007 STRATOSPHERE LAND GEN-PAR, L.L.C., W2007 STRATOSPHERE LAND PROPCO, L.P., a Delaware limited liability company a Delaware limited partnership By: /S/ Xxxx Xxxxxxxxxxxx By: W2007 Stratosphere Land Gen-Par, Name: Xxxx Xxxxxxxxxxxx L.L.C., a Delaware limited liability company, Title: Authorized Signatory its general partner By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory W2007 AQUARIUS GEN-PAR, L.L.C., W2007 AQUARIUS PROPCO, L.P., a Delaware limited liability company a Delaware limited partnership By: /S/ Xxxx Xxxxxxxxxxxx By: W2007 Aquarius Gen-Par, Name: Xxxx Xxxxxxxxxxxx L.L.C., a Delaware limited liability company, Title: Authorized Signatory its general partner By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory W2007 ARIZONA CHARLIE’S GEN-PAR, L.L.C., W2007 ARIZONA CHARLIE’S PROPCO, L.P., a Delaware limited liability company a Delaware limited partnership By: /S/ Xxxx Xxxxxxxxxxxx By: W2007 Arizona Charlie’s Gen-Par, Name: Xxxx Xxxxxxxxxxxx L.L.C., a Delaware limited liability company, Title: Authorized Signatory its general partner By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory W2007 FRESCA GEN-PAR, L.L.C., W2007 FRESCA PROPCO, L.P., a Delaware limited liability company a Delaware limited partnership By: /S/ Xxxx Xxxxxxxxxxxx By: W2007 Fresca Gen-Par, Name: Xxxx Xxxxxxxxxxxx L.L.C., a Delaware limited liability company, Title: Authorized Signatory its general partner By: /S/ Xxxx Xxxxxxxxxxxx Name: Xxxx Xxxxxxxxxxxx Title: Authorized Signatory The Bank of New York Mellon By: /S/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Senior Associate [INSERT OID LEGEND, IF APPLICABLE] CUSIP: ISIN: No. promise $ promises to pay to or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] on March June 15, 20182014. Interest Payment Dates: March June 15 and September 15 December 15, beginning December 15, 2009 Record Dates: March June 1 and September December 1 Dated: August 14, 2009 AMERICAN CASINO & ENTERTAINMENT PROPERTIES LLC By: Name: Title: ACEP FINANCE CORP. By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: THE BANK OF NEW YORK MELLON, as Authenticating Agent By: [THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (3) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (4) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE ISSUERS. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 XXXXX XXXXXX, XXX XXXX, XXX XXXX) (“DTC”), TO THE ISSUERS OR THEIR AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.] THE NOTES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933 (THE “SECURITIES ACT”) AND MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT (A) (1) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER WITHIN THE MEANING OF RULE 144A UNDER THE SECURITIES ACT PURCHASING FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (2) IN AN OFFSHORE TRANSACTION COMPLYING WITH RULE 903 OR RULE 904 OF REGULATION S UNDER THE SECURITIES ACT, (3) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT PROVIDED BY RULE 144 THEREUNDER (IF AVAILABLE), (4) TO AN INSTITUTIONAL INVESTOR THAT IS AN ACCREDITED INVESTOR WITHIN THE MEANING OF RULE 501 OF REGULATION D UNDER THE SECURITIES ACT IN A TRANSACTION EXEMPT FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT OR (5) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND (B) IN ACCORDANCE WITH ALL APPLICABLE SECURITIES LAWS OF THE STATES OF THE UNITED STATES AND OTHER JURISDICTIONS. Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (American Casino & Entertainment Properties LLC)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of in this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. SIGNATURE PAGE TO INDENTURE SIGNATURE PAGE TO INDENTURE SIGNATURES Dated as of February 17June 28, 2011 REVEL2002 ISSUER: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerEXTENDICARE HEALTH SERVICES, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee INC. By: /s/ Xxxxxx X. Xxxxxxx Mark W. Durishan ---------------------------------------- Name: Xxxxxx X. Xxxxxxx, CCTS Mark W. Durishan Title: Vice President NoPrxxxxxxx, Xxxxx Xinancial Officer and Treasurer GUARANTORS: EXTENDICARE HEALTH FACILITY HOLDINGS, INC. promise EXTENDICARE HEALTH FACILITIES, INC. COVENTRY CARE, INC. NORTHERN HEALTH FACILITIES, INC. EXTENDICARE HOMES, INC. EXTENDICARE HEALTH NETWORK, INC. THE PROGRESSIVE STEP CORPORATION EXTENDICARE OF INDIANA, INC. EDGEWOOD NURSING CENTER, INC. ELDER CREST, INC. HAVEN CREST, INC. MEADOW CREST, INC. OAK HILL HOME OF REST AND CARE, INC. EXTENDICARE GREAT TRAIL, INC. FIR LANE TERRACE CONVALESCENT CENTER, INC. ADULT SERVICES UNLIMITED, INC. ARBORS EAST, INC. ARBORS AT TOLEDO, INC. HEALTH POCONOS, INC. MARSHALL PROPERTIES, INC. COVENTRY CARE HOLXXXXX, XNC. UNITED PROFESSIONAL SERVICES, INC. By: /s/ Mark W. Durishan -------------------------------------------------- Name: Mark W. Durishan Title: Vice President, Cxxxx Xxxxxxxxx Xfficer and Treasurer INDIANA HEALTH AND REHABILITATION PARTNERSHIP BY: EXTENDICARE HOMES, INC., AS GENERAL PARTNER By: /s/ Mark W. Durishan -------------------------------------------------- Name: Mark W. Durishan Title: Vice President, Cxxxx Xxxxxxxxx Xfficer and Treasurer BY: EXTENDICARE OF INDIANA, INC., AS GENERAL PARTNER By: /s/ Mark W. Durishan -------------------------------------------------- Name: Mark W. Durishan Title: Vice President, Cxxxx Xxxxxxxxx Xfficer and Treasurer CONCORDIA MANOR, LLC FIRST COAST HEALTH AND REHABILITATION CENTER, LLC JACKSON HEIGHTS REHABILITATION CENTER, LLC XXXXXXXE ISLE CARE CENTER, LLC BY: EXTENDICARE HOMES, INC., AS SOLE MEMBER By: /s/ Mark W. Durishan -------------------------------------------------- Name: Mark W. Durishan Title: Vice President, Cxxxx Xxxxxxxxx Xfficer and Treasurer KAUFMAN STREET, WV, LLC NEW CASTLE CARE, LLX BY: FIR LANE TERRACE CONVALESCENT CENTER, INC., AS SOLE MEMBER By: /s/ Mark W. Durishan -------------------------------------------------- Name: Mark W. Durishan Title: Vice President, Cxxxx Xxxxxxxxx Xfficer and Treasurer ALPINE HEALTH AND REHABILITATION CENTER, LLC COLONIAL CARE, LLC GREENBRIAR CARE, LLC GREENBROOK CARE, LLC HERITAGE CARE, LLC LADY LAKE CARE, LLC NEW HORIZON CARE, LLC NORTH REHABILITATION CARE, LLC PALM COURT CARE, LLC RICHEY MANOR, LLC ROCKLEDGE CARE, LLC SOUTH HERITAGE HEALTH AND REHABILITATION CENTER, LLC THE OAKS RESIDENTIAL AND REHABILITATION CENTER, LLC WINTER HAVEN HEALTH AND REHABILITATION CENTER, LLC BY: EXTENDICARE HEALTH FACILITIES, INC., AS SOLE MEMBER By: /s/ Mark W. Durishan -------------------------------------------------- Name: Mark W. Durishan Title: Vice President, Cxxxx Xxxxxxxxx Xfficer and Treasurer ARBORS AT TAMPA, LLC ARBORS AT BAYONET POINT, LLC ARBORS AT FAIRLAWN CARE, LLC ARBORS AT FAIRLAWN REALTY OH, LLC ARBORS AT SYLVANIA CARE, LLC ARBORS AT SYLVANIA REALTY OH, LLC ARBORS WEST CARE, LLC ARBORS WEST REALTY OH, LLC COLUMBUS REHABILITATION REALTY OH, LLC JACKSONVILLE CARE, LLC SAFETY HARBOR CARE, LLC KISSIMMEE CARE, LLC ORANGE PARK CARE, LLC OREGON CARE, LLC PORT CHARLOTTE CARE, LLC SARASOTA CARE, LLC SEMINOLE CARE, LLC WINTER HAVEN CARE, LLC BLANCHESTER CARE, LLC CANTON CARE, LLC COLUMBUS REHABILITATION CARE, LLC DAYTON CARE, LLC DELAWARE CARE, LLC GALLIPOLIS CARE, LLC HILLIARD CARE, LLC LONDON CARE, LLC MARIETTA CARE, LLC ROCKMILL CARE, LLC ROCKSPRINGS CARE, LLC WATERVILLE CARE, LLC WOODSFIELD CARE, LLC BY: NORTHERN HEALTH FACILITIES, INC., AS SOLE MEMBER By: /s/ Mark W. Durishan -------------------------------------------------- Name: Mark W. Durishan Title: Vice President, Cxxxx Xxxxxxxxx Xfficer and Treasurer STONEBRIDGE CARE, LP EDGEWOOD CARE, LP ELDERCREST CARE, LP HAVEN CARE, LP MEADOW CARE, LP OAK HILL CARE, LP BY: COVENTRY CARE HOLDINGS, INC., AS GENERAL PARTNER By: /s/ Mark W. Durishan -------------------------------------------------- Name: Mark W. Durishan Title: Vice President, Cxxxx Xxxxxxxxx Xfficer and Treasurer GREAT TRAIL CARE, LLC BY: EXTENDICARE GREAT TRAIL, INC., AS SOLE MEMBER By: /s/ Richard Bertrand -------------------------------------------------- Name: Richard Bertrand Title: Senior Vice Presixxxx - Xxxxxxxxxnt FISCAL SERVICES GROUP, LLC PARTNERS HEALTH GROUP, LLC BY: EXTENDICARE HEALTH NETWORK, INC., AS SOLE MEMBER By: /s/ Richard Bertrand -------------------------------------------------- Name: Richard Bertrand Title: Senior Vice Presixxxx - Xxxxxxxxxnt MILFORD CARE, LLC BY: MARSHALL PROPERTIES, INC., AS SOLE MEMBER Xx: /x/ Richard Bertrand -------------------------------------------------- Name: Richard Bertrand Title: Senior Vice Presixxxx - Xxxxxxxxxnt PARTNERS HEALTH GROUP - FLORIDA, LLC PARTNERS HEALTH GROUP - LOUISIANA, LLC PARTNERS HEALTH GROUP - TEXAS, LLC BY: PARTNERS HEALTH GROUP, LLC BY: EXTENDICARE HEALTH NETWORK, INC., AS SOLE MEMBER By: /s/ Richard Bertrand -------------------------------------------------- Name: Richard Bertrand Title: Senior Vice Presixxxx - Xxxxxxxxxnt TRUSTEE: U.S. BANK, N.A. By: /s/ Steven J. Peterson ---------------------------------------- Name: Steven J. Peterson Title: Trust Xxxxxxx EXHIBIT A (Face of Note)
9 1 2% SENIOR NOTES DUE 2010 CUSIP _____________ NO. _____ $_____________ EXTENDICARE HEALTH SERVICES, INC. promises to pay to CEDE & CO., INC. or registered assigns, the principal sum of DOLLARS [_________________ Dollars (as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] $______________) on March 15July, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 12010.
Appears in 1 contract
Samples: Indenture (Gallipolis Care LLC)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17September 23, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer2010 LIFEPOINT HOSPITALS, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee INC. By: /s/ Xxxxxx Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer Attest: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. XxxxxxxXxxxxx Title: Senior Vice President and Chief Accounting Officer THE BANK OF NEW YORK MELLON TRUST COMPANY, CCTS N.A. By: /s/ Xxx Xxx Xxxxxx Name: Xxx Xxx Xxxxxx Title: Senior Associate Attest: /s/ Xxxxxxxx Xxxxx Authorized Signatory Date: September 23, 2010 [GUARANTOR SIGNATURES BEGIN ON FOLLOWING PAGE] ON BEHALF OF: AMERICA MANAGEMENT COMPANIES, LLC AMG-XXXXXXXX, LLC AMG-HILCREST, LLC AMG-HILLSIDE, LLC AMG-XXXXXXXXXX, LLC AMG-XXXXX, LLC AMG-SOUTHERN TENNESSEE, LLC AMG-TRINITY, LLC ANDALUSIA PHYSICIAN PRACTICES, LLC ASHLAND PHYSICIAN SERVICES, LLC ASHLEY VALLEY MEDICAL CENTER, LLC ASHLEY VALLEY PHYSICIAN PRACTICE, LLC ATHENS PHYSICIANS PRACTICE, LLC ATHENS REGIONAL MEDICAL CENTER, LLC XXXXXX MEDICAL CENTER, LLC BARTOW GENERAL PARTNER, LLC BARTOW MEMORIAL LIMITED PARTNER, LLC BOLIVAR PHYSICIAN PRACTICES, LLC BOURBON COMMUNITY HOSPITAL, LLC BOURBON PHYSICIAN PRACTICE, LLC BRIM HOSPITALS, INC. BUFFALO TRACE RADIATION ONCOLOGY ASSOCIATES, LLC CARE HEALTH COMPANY, INC. CASTLEVIEW HOSPITAL, LLC CASTLEVIEW MEDICAL, LLC CASTLEVIEW PHYSICIAN PRACTICE, LLC CLINCH PROFESSIONAL PHYSICIAN SERVICES, LLC CLINCH VALLEY ENDOCRINOLOGY, LLC CLINCH VALLEY MEDICAL CENTER, INC. CLINCH VALLEY PULMONOLOGY, LLC CLINCH VALLEY UROLOGY, LLC COLORADO PLAINS PHYSICIAN PRACTICES, LLC COMMUNITY HOSPITAL OF ANDALUSIA, INC. COMMUNITY MEDICAL, LLC COMMUNITY-BASED SERVICES, LLC XXXXXXXX HOSPITAL, LLC XXXXXXXX PHO, LLC DANVILLE DIAGNOSTIC IMAGING CENTER, LLC DANVILLE PHYSICIAN PRACTICES, LLC DANVILLE REGIONAL MEDICAL CENTER SCHOOL OF HEALTH PROFESSIONS, LLC DANVILLE REGIONAL MEDICAL CENTER, LLC DODGE CITY HEALTHCARE PARTNER, INC. GEORGETOWN COMMUNITY HOSPITAL, LLC GEORGETOWN REHABILITATION, LLC XXXXX VALLEY HOSPITAL, LLC XXXXXXXX HOSPITAL, LLC HCK XXXXX MEMORIAL, LLC HDP ANDALUSIA, LLC HDP GEORGETOWN, LLC HILLSIDE HOSPITAL, LLC HISTORIC LIFEPOINT HOSPITALS, INC. HRMC, LLC HST PHYSICIAN PRACTICE, LLC HTI GEORGETOWN, LLC HTI PINELAKE, LLC HURRICANE HEALTHCARE PARTNER, LLC INTEGRATED PHYSICIAN SERVICES, LLC KANSAS HEALTHCARE MANAGEMENT COMPANY, INC. KANSAS HEALTHCARE MANAGEMENT SERVICES, LLC KENTUCKY HOSPITAL, LLC KENTUCKY MEDSERV, LLC KENTUCKY MSO, LLC KENTUCKY PHYSICIAN SERVICES, INC. LAKE CUMBERLAND CARDIOLOGY ASSOCIATES, LLC LAKE CUMBERLAND PHYSICIAN PRACTICES, LLC LAKE CUMBERLAND REGIONAL HOSPITAL, LLC LAKE CUMBERLAND REGIONAL PHYSICIAN HOSPITAL ORGANIZATION, LLC LAKELAND COMMUNITY HOSPITAL, LLC LAKELAND PHYSICIAN PRACTICES, LLC LANDER VALLEY AMBULATORY SURGERY CENTER, LLC LANDER VALLEY MEDICAL CENTER, LLC LANDER VALLEY PHYSICIAN PRACTICES, LLC LAS CRUCES PHYSICIAN PRACTICES, LLC LCMC MRI, LLC LCMC PET, LLC LHSC, LLC LIFEPOINT ACQUISITION CORP. LIFEPOINT BILLING SERVICES, LLC LIFEPOINT CSGP, LLC LIFEPOINT CSLP, LLC LIFEPOINT HOLDINGS 2, LLC LIFEPOINT HOLDINGS 3, INC. LIFEPOINT HOSPITALS HOLDINGS, INC. LIFEPOINT MEDICAL GROUP — HILLSIDE, INC LIFEPOINT OF GAGP, LLC LIFEPOINT OF KENTUCKY, LLC LIFEPOINT OF LAKE CUMBERLAND, LLC LIFEPOINT RC, INC. LIFEPOINT VA HOLDINGS, INC. LIFEPOINT WV HOLDINGS, INC. XXXXXXXXXX REGIONAL HOSPITAL, LLC XXXXX GENERAL HOSPITAL, LLC XXXXX HEALTHCARE PARTNER, LLC XXXXX MEDICAL, LLC XXXXX MEMORIAL HOSPITAL, LLC XXXXX PHYSICIAN PRACTICE, LLC LOS ALAMOS PHYSICIAN PRACTICES, LLC MARTINSVILLE PHYSICIAN PRACTICES, LLC MEADOWVIEW PHYSICIAN PRACTICE, LLC MEADOWVIEW REGIONAL MEDICAL CENTER, LLC MEADOWVIEW RIGHTS, LLC MEMORIAL HOSPITAL OF MARTINSVILLE & XXXXX COUNTY AMBULATORY SURGERY CENTER, LLC MEXIA-PRINCIPAL, INC. MINDEN PHYSICIAN PRACTICES, LLC NORTHEASTERN NEVADA PHYSICIAN PRACTICES, LLC NORTHWEST MEDICAL CENTER-WINFIELD, LLC NWMC-WINFIELD PHYSICIAN PRACTICES, LLC OHIO HOSPITAL, LLC OPELOUSAS IMAGING CENTER PARTNER, LLC OPELOUSAS PET/CT IMAGING CENTER, LLC ORTHOPEDICS OF SOUTHWEST VIRGINIA, LLC PALESTINE-PRINCIPAL G.P., INC. PHC HOSPITALS, LLC PHC-AVIATION, INC. PHC-BELLE GLADE, INC. PHC-CLEVELAND, INC. PHC-DOCTORS’ HOSPITAL, INC. PHC-ELKO, INC. PHC-FORT MOHAVE, INC. PHC-FORT XXXXXX, INC. PHC-INDIANA, INC. PHC-XXXX, INC. PHC-LAKE HAVASU, INC. PHC-LAKEWOOD, INC. PHC-LAS CRUCES, INC. PHC-LOS ALAMOS, INC. PHC-LOUISIANA, INC. PHC-MARTINSVILLE, INC. PHC-MINDEN G.P., INC. PHC-MORGAN LAKE, INC. PHC-PALESTINE, INC. PHC-SELMA, LLC PHC-TENNESSEE, INC. PINELAKE PHYSICIAN PRACTICE, LLC PINELAKE REGIONAL HOSPITAL, LLC XXXXXXX PRACTICE, LLC PRHC-ALABAMA, LLC PRHC-XXXXX X.X., INC. PRINCIPAL HOSPITAL COMPANY OF NEVADA, INC. PRINCIPAL XXXX, L.L.C. PRINCIPAL-NEEDLES, INC. PROVINCE HEALTHCARE COMPANY XXXXXX AMBULATORY SURGERY CENTER, LLC XXXXXX COMMUNITY MEDICAL CENTER, LLC XXXXXX PHYSICIAN PRACTICES, LLC R. XXXXXXX XXXXX PRACTICE, LLC RALEIGH GENERAL HOSPITAL, LLC RIVER PARISHES HOLDINGS, LLC RIVER PARISHES HOSPITAL, LLC RIVER PARISHES PARTNER, LLC RIVER PARISHES PHYSICIAN PRACTICES, LLC RIVERTON AMBULATORY SURGERY CENTER, LLC RIVERTON MEMORIAL HOSPITAL, LLC RIVERTON ONCOLOGY PRACTICE, LLC RIVERTON PHYSICIAN PRACTICES, LLC RIVERVIEW MEDICAL CENTER, LLC ROCKDALE HOSPITAL, LLC ROCKDALE PHYSICIAN PRACTICES, LLC RUSSELLVILLE HOSPITAL, LLC RUSSELLVILLE PHYSICIAN PRACTICES, LLC SELECT HEALTHCARE, LLC SELMA DIAGNOSTIC IMAGING, LLC SILETCHNIK PRACTICE, LLC XXXXX COUNTY MEMORIAL HOSPITAL, LLC SOMERSET SURGERY PARTNER, LLC SOUTHERN TENNESSEE EMS, LLC SOUTHERN TENNESSEE MEDICAL CENTER, LLC SOUTHERN TENNESSEE PHO, LLC SPRING VIEW HOSPITAL, LLC SPRING VIEW PHYSICIAN PRACTICES, LLC SPRINGHILL MEDICAL CENTER, LLC XXXXXX PHYSICIAN PRACTICES, LLC XXXXXX PHYSICIAN PRACTICES, LLC XXXXXX REAL ESTATE HOLDINGS, LLC XXXXXX REGIONAL MEDICAL CENTER, LLC TEXAS SPECIALTY PHYSICIANS THE MRI CENTER OF NORTHWEST ALABAMA, LLC THM PHYSICIAN PRACTICE, LLC XXXXXXXXX MEDICAL CENTER, LLC VALLEY VIEW PHYSICIAN PRACTICES, LLC XXXXXXX PHYSICIAN PRACTICES, LLC VILLE PLATTE MEDICAL CENTER, LLC VILLE PLATTE PHYSICIAN PRACTICES, LLC WEST VIRGINIA MANAGEMENT SERVICES ORGANIZATION, INC. WESTERN PLAINS PHYSICIAN PRACTICES, LLC WESTERN PLAINS REGIONAL HOSPITAL, LLC WOODFORD HOSPITAL, LLC WYOMING HOLDINGS, LLC WYTHE COUNTY COMMUNITY HOSPITAL, LLC WYTHE COUNTY PHYSICIAN PRACTICES, LLC ZONE, INCORPORATED /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: LIFEPOINT ASSET MANAGEMENT COMPANY, INC. /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: Vice President NoOn Behalf of: BARTOW HEALTHCARE SYSTEM, LTD. promise to pay to or registered assignsBartow General Partner, the principal sum LLC, as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer Bartow Memorial Limited Partner, LLC, as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: XXXXX SURGERY CENTER, LP Northwest Medical Center-Winfield, LLC, as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: LIFEPOINT CORPORATE SERVICES GENERAL PARTNERSHIP LifePoint CSLP, LLC, as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer LifePoint CSGP, LLC, as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: LIFEPOINT OF GEORGIA, LIMITED PARTNERSHIP LifePoint Hospitals Holdings, Inc., as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer LifePoint of DOLLARS [(GAGP, LLC, as such amount may be increased or decreased general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: MEXIA PRINCIPAL HEALTHCARE LIMITED PARTNERSHIP Mexia-Principal, Inc., as set forth in the “Schedule general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer Principal Hospital Company of Exchanges Nevada, Inc., as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: PALESTINE PRINCIPAL HEALTHCARE LIMITED PARTNERSHIP Palestine Principal G.P., Inc., as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer Principal Hospital Company of Interests in the Global Note” attached hereto)] on March 15Nevada, 2018Inc., as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: PHC-ASHLAND, L.P. PHC-Tennessee, Inc., as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer Principal Hospital Company of Nevada, Inc., as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: PHC-CHARLESTOWN, L.P. PHC-Indiana, Inc., as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer PHC Hospitals, LLC, as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: PHC-MINDEN, L.P. PHC-Minden G.P., Inc., as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer PHC-Louisiana, Inc., as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: PHC-XXXXXX CITY, L.P. PHC-Lakewood, Inc., as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer PHC-Morgan Lake, Inc, as limited partner. Interest Payment Dates/s/ Xxxxxxx X. Xxxxxx Name: March 15 Xxxxxxx X. Xxxxxx Title: Senior Vice President and September 15 Record DatesTreasurer On Behalf of: March 1 PHC-OPELOUSAS, L.P. PHC-Doctors’ Hospital, Inc., as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and September 1Treasurer PHC-Louisiana, Inc., as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: PRHC-XXXXX, X.X. PRHC-Xxxxx X.X., Inc., as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer Principal Hospital Company of Nevada, Inc., as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer On Behalf of: PRINCIPAL XXXX, X.X. PHC-Xxxx, Inc., as general partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer Province Healthcare Company, as limited partner /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President and Treasurer America Management Companies, LLC AMG-Xxxxxxxx, LLC AMG-Hilcrest, LLC AMG-Hillside, LLC AMG-Xxxxxxxxxx, LLC AMG-Xxxxx, LLC AMG-Southern Tennessee, LLC AMG-Trinity, LLC Andalusia Physician Practices, LLC Ashland Physician Services, LLC Ashley Valley Medical Center, LLC Ashley Valley Physician Practice, LLC Athens Physicians Practice, LLC Athens Regional Medical Center, LLC Xxxxxx Medical Center, LLC Bartow General Partner, LLC Bartow Healthcare System, Ltd. Bartow Memorial Limited Partner, LLC Bolivar Physician Practices, LLC Bourbon Community Hospital, LLC Bourbon Physician Practice, LLC Brim Hospitals, Inc. Buffalo Trace Radiation Oncology Associates, LLC Care Health Company, Inc. Castleview Hospital, LLC Castleview Medical, LLC Castleview Physician Practice, LLC Clinch Professional Physician Services, LLC Clinch Valley Endocrinology, LLC Clinch Valley Medical Center, Inc. Clinch Valley Pulmonology, LLC Clinch Valley Urology, LLC Colorado Plains Physician Practices, LLC Community Hospital of Andalusia, Inc. Community Medical, LLC Community-Based Services, LLC Xxxxxxxx Hospital, LLC Xxxxxxxx PHO, LLC Danville Diagnostic Imaging Center, LLC Danville Physician Practices, LLC Danville Regional Medical Center School of Health Professions, LLC Danville Regional Medical Center, LLC Dodge City Healthcare Partner, Inc. Georgetown Community Hospital, LLC Georgetown Rehabilitation, LLC Xxxxx Valley Hospital, LLC Xxxxxxxx Hospital, LLC HCK Xxxxx Memorial, LLC HDP Andalusia, LLC HDP Georgetown, LLC Hillside Hospital, LLC Historic LifePoint Hospitals, Inc. HRMC, LLC HST Physician Practice, LLC HTI Georgetown, LLC HTI PineLake, LLC Hurricane Healthcare Partner, LLC Integrated Physician Services, LLC Kansas Healthcare Management Company, Inc. Kansas Healthcare Management Services, LLC Kentucky Hospital, LLC Kentucky Medserv, LLC Kentucky MSO, LLC Kentucky Physician Services, Inc. Lake Cumberland Cardiology Associates, LLC Lake Cumberland Physician Practices, LLC Lake Cumberland Regional Hospital, LLC Lake Cumberland Regional Physician Hospital Organization, LLC Lakeland Community Hospital, LLC Lakeland Physician Practices, LLC Xxxxx Surgery Center, XX Xxxxxx Valley Ambulatory Surgery Center, LLC Lander Valley Medical Center, LLC Lander Valley Physician Practices, LLC Las Cruces Physician Practices, LLC LCMC MRI, LLC LCMC PET, LLC LHSC, LLC LifePoint Acquisition Corp. LifePoint Asset Management Company, Inc. LifePoint Billing Services, LLC LifePoint Corporate Services General Partnership LifePoint CSGP, LLC LifePoint CSLP, LLC LifePoint Holdings 2, LLC LifePoint Holdings 3, Inc. LifePoint Hospitals Holdings, Inc. LifePoint Medical Group — Hillside, Inc LifePoint of GAGP, LLC LifePoint of Georgia, Limited Partnership LifePoint of Kentucky, LLC LifePoint of Lake Cumberland, LLC LifePoint RC, Inc. LifePoint VA Holdings, Inc. LifePoint WV Holdings, Inc. Xxxxxxxxxx Regional Hospital, LLC Xxxxx General Hospital, LLC Xxxxx Healthcare Partner, LLC Xxxxx Medical, LLC Xxxxx Memorial Hospital, LLC Xxxxx Physician Practice, LLC Los Alamos Physician Practices, LLC Martinsville Physician Practices, LLC Meadowview Physician Practice, LLC Meadowview Regional Medical Center, LLC Meadowview Rights, LLC Memorial Hospital of Martinsville & Xxxxx County Ambulatory Surgery Center, LLC Mexia Principal Healthcare Limited Partnership Mexia-Principal, Inc. Minden Physician Practices, LLC Northeastern Nevada Physician Practices, LLC Northwest Medical Center-Winfield, LLC NWMC-Winfield Physician Practices, LLC Ohio Hospital, LLC Opelousas Imaging Center Partner, LLC Opelousas PET/CT Imaging Center, LLC Orthopedics of Southwest Virginia, LLC Palestine Principal Healthcare Limited Partnership Palestine-Principal G.P., Inc. PHC Hospitals, LLC PHC-Ashland, L.P. PHC-Aviation, Inc. PHC-Belle Glade, Inc. PHC-Charlestown, L.P. PHC-Cleveland, Inc. PHC-Doctors’ Hospital, Inc. PHC-Elko, Inc. PHC-Fort Mohave, Inc. PHC-Fort Xxxxxx, Inc. PHC-Indiana, Inc. PHC-Xxxx, Inc. PHC-Lake Havasu, Inc. PHC-Lakewood, Inc. PHC-Las Cruces, Inc. PHC-Los Alamos, Inc. PHC-Louisiana, Inc. PHC-Martinsville, Inc. PHC-Minden G.P., Inc. PHC-Minden, L. P. PHC-Xxxxxx City, L.P. PHC-Morgan Lake, Inc. PHC-Opelousas, L.P. PHC-Palestine, Inc. PHC-Selma, LLC PHC-Tennessee, Inc. PineLake Physician Practice, LLC PineLake Regional Hospital, LLC Xxxxxxx Practice, LLC PRHC-Alabama, LLC PRHC-Xxxxx X.X., Inc. PRHC-Xxxxx, X.X. Principal Hospital Company of Nevada, Inc. Principal Xxxx, L.L.C. Principal Xxxx, X.X. Principal-Needles, Inc. Province Healthcare Company Xxxxxx Ambulatory Surgery Center, LLC Xxxxxx Community Medical Center, LLC Xxxxxx Physician Practices, LLC
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 74 SIGNATURES Dated as of February 17November 25, 2011 REVEL: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer1998 SFX ENTERTAINMENT, Treasurer and Secretary REVEL ACINC. BGP ACQUISITION, LLC, a Delaware limited liability company L.L.C. By: Revel ACSFX ENTERTAINMENT, Inc.INC., a Delaware corporationas managing member SFX NETWORK GROUP, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company L.L.C. By: Revel ACSFX ENTERTAINMENT, LLCINC., a New Jersey limited liability companyas managing member WESTBURY MUSIC FAIR, its sole member L.L.C. By: Revel ACSFX ENTERTAINMENT, Inc.INC., a Delaware corporation, its sole as managing member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx Xxxxx ------------------------------------ Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxx Title: General Counsel, Executive Vice President NoAnd Secretary AKG, INC. promise to pay to or registered assignsAMERICAN ARTISTS, INC. AMERICAN ARTISTS LIMITED, INC. AMPHITHEATER ENTERTAINMENT PARTNERSHIP By: SM/PACE, INC., as general partner ANT THEATRICAL PRODUCTIONS, INC. ARDEE FESTIVALS N.J. INC. Indenture signature page - 1 ARDEE PRODUCTIONS, LTD. ATLANTA CONCERTS, INC. XXXXXX & XXXX, INC. AVALON ACQUISITION CORP. BEACH CONCERTS, INC. BG PRESENTS, INC. XXXX XXXXXX ENTERPRISES, INC. XXXX XXXXXX MANAGEMENT, INC. XXXX XXXXXX PRESENTS, INC. BOSTON PLAYHOUSE REALTY, INC. BOYLSTON STREET THEATRE CORP. BROADWAY CONCERTS, INC. BROADWAY SERIES ASSOCIATES, INC. BROADWAY SERIES MANAGEMENT GROUP, INC. CAMARILLO AMPHITHEATER MANAGING PARTNERS, INC. Indenture signature page - 2 CHEVA TOURING COMPANY By: MAGICWORKS ENTERTAINMENT INCORPORATED, as a majority holder CONCERTS, INC. CONNECTICUT AMPHITHEATER DEVELOPMENT CORPORATION CONNECTICUT CONCERTS INCORPORATED CONNECTICUT PERFORMING ARTS, INC. CONN TICKETING COMPANY By: NORTHEAST TICKETING COMPANY and SOUTHEAST TICKETING COMPANY, as general partners CONTEMPORARY GROUP ACQUISITION CORP. CONTEMPORARY GROUP, INC. CONTEMPORARY MARKETING, INC. CONTEMPORARY PRODUCTIONS INCORPORATED CONTEMPORARY SPORTS INCORPORATED XXXXXX AND XXXXXX MANAGEMENT CO. DEER CREEK AMPHITHEATER CONCERTS, INC. DEER CREEK AMPHITHEATER CONCERTS, L.P. By: DEER CREEK AMPHITHEATER CONCERTS, INC., as general partner DELSENER/XXXXXX ENTERPRISES, LTD. XXXXXXXX-XXXXXX, INC. XXXXXXXX-XXXXXX PROMOTIONS, INC. DLC CORP. DUMB DEAL, INC. EAGLE EYE ENTERTAINMENT INC. EAGLE EYE ENTERTAINMENT USA INC. EMI ACQUISITION SUB, INC. ENTERTAINMENT PERFORMING ARTS, INC. EVENT MERCHANDISING INC. EXIT 116 REVISITED, INC. XXXX ASSOCIATES MANAGEMENT ENTERPRISES, INC. FESTIVAL PRODUCTIONS, INC. FILLMORE CORPORATION FILLMORE FINGERS, INC. GERSHWINS' FASCINATING RHYTHM By: MAGICWORKS ENTERTAINMENT INCORPORATED, as a majority holder GSAC PARTNERS By: SM/PACE INC., as the principal sum parent corporation of DOLLARS the general partner HIGH COTTON, INC. IN HOUSE TICKETS, INC. XXXXXX XXXXXXX AMPHITHEATER By: AVALON ACQUISITION CORP., as general partner JEFKO TOURING COMPANY By: MAGICWORKS ENTERTAINMENT INCORPORATED, as a majority holder MAGICWORKS CONCERTS, INC. MAGICWORKS ENTERTAINMENT INCORPORATED MAGICWORKS ENTERTAINMENT INTERNATIONAL, INC. MAGICWORKS EXHIBITIONS, INC. MAGICWORKS EXHIBITIONS JOINT VENTURE By: MAGICWORKS ENTERTAINMENT INCORPORATED, as a majority holder MAGICWORKS FASHION MANAGEMENT, INC. MAGICWORKS MERCHANDISING, INC. MAGICWORKS SPORTS MANAGEMENT, INC. MAGICWORKS THEATRICALS, INC. MAGICWORKS TRANSPORTATION, INC. MAGICWORKS WEST, INC. MELODY TENT AND AMPHITHEATER, INC. MURAT CENTER CONCERTS, INC. MURAT CENTER CONCERTS, L.P. By: MURAT CENTER CONCERTS, INC., as general partner NEW AVALON, INC. NOC, INC. NORTHEAST TICKETING COMPANY OAKDALE THEATER CONCERTS, INC. OLD PCI, INC. PACE AEP ACQUISITION, INC. PACE AMPHITHEATER MANAGEMENT, INC. PACE AMPHITHEATERS, INC. PACE BAYOU PLACE, INC. PACE COMMUNICATIONS, INC. PACE CONCERTS, LTD. By: PACE CONCERTS GP, INC., as general partner PACE CONCERTS GP, INC. PACE ENTERTAINMENT CORPORATION PACE ENTERTAINMENT GROUP, LTD. By: PACE ENTERTAINMENT GP CORP., as general partner PACE ENTERTAINMENT GP CORP. XXXX XXXXXX KEYNES, INC. PACE MOTOR SPORTS, INC. PACE MUSIC GROUP, INC. PACE PRODUCTIONS, INC. PACE THEATRICAL GROUP, INC. PACE TOURING, INC. PACE U.K. HOLDING CORPORATION PAVILION PARTNERS By: SM/PACE, INC., as managing partner PEC, INC. PERFORMING ARTS MANAGEMENT OF NORTH MIAMI, INC. POLARIS AMPHITHEATER CONCERTS, INC. PTG-FLORIDA, INC. QN CORP. RUGRATS AMERICAN TOUR, LTD. By: PACE VARIETY ENTERTAINMENT, INC., as general partner SFX ACQUISITION CORP. SFX BROADCASTING OF THE MIDWEST, INC. SFX CONCERTS, INC. SFX DELAWARE, INC. SFX RADIO NETWORK, INC. SFX SPORTS GROUP, INC. SFX TOURING, INC. XXXXXX XXXXXXX, INC. SHORELINE AMPHITHEATRE, LTD. SHORELINE AMPHITHEATRE PARTNERS By: SHORELINE AMPHITHEATRE, LTD., as general partner SM/PACE, INC. SOUTHEAST TICKETING COMPANY SOUTHERN PROMOTIONS, INC. STEP ENTERTAINMENT SERVICES INC. SUNSHINE CONCERTS, L.L.C. By: SFX BROADCASTING OF THE MIDWEST, INC., as the sole member SUNSHINE DESIGNS, INC. SUNSHINE DESIGNS, L.P. By: SUNSHINE DESIGNS, INC., as general partner SUNTEX ACQUISITION, INC. SUNTEX ACQUISITION, L.P. By: SUNTEX ACQUISITION, INC., as general partner TAP PRODUCTIONS, INC. TBA MEDIA, INC. THE ALBUM NETWORK, INC. THE GIN GAME TOURING COMPANY By: MAGICWORKS ENTERTAINMENT INCORPORATED, as a majority holder INTERNATIONAL MUSIC (CANADA) INC. THE WEDDING TOUR COMPANY TICKET SERVICE, INC. CONCERT PRODUCTIONS (UK) LIMITED INTERNATIONAL MUSIC (USA) INC. INTERNATIONAL MUSIC LTD. INTERNATIONAL MUSIC TOUR I LTD. INTERNATIONAL MUSIC TOUR II LTD. INTERNATIONAL MUSIC TOUR I (USA) INC. INTERNATIONAL MUSIC TOUR II (USA) INC. TOURING ARTISTS GROUP, INC. (FL) TOURING PRODUCTIONS, INC. TREMONT STREET THEATRE CORPORATION II, INC. TUNEFUL COMPANY, INC. WARRENTON STREET THEATRE CORP. WEST COAST AMPHITHEATER CORP. WESTERN AMPHITHEATER PARTNERS By: PAVILION PARTNERS, as general partner and SM/PACE, INC., as general partner of PAVILION PARTNERS WOLFGANG RECORDS By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Executive Vice President AMERICAN BROADWAY, INC. CONCERT PRODUCTIONS INTERNATIONAL B.V. CONNECTICUT PERFORMING ARTS PARTNERS By: CONNECTICUT AMPHITHEATER DEVELOPMENT CORPORATION and NOC, INC., as general partners FINANCIAL ADVISORY MANAGEMENT ENTERPRISES, INC. IRVING PLAZA CONCERTS, INC. MAGICWORKS ENTERTAINMENT ASIA LIMITED MARCO ENTERTAINMENT, INC. PACE U.K. PACE VARIETY ENTERTAINMENT, INC. TOURING ARTISTS GROUP, INC. (OH) By: /s/ Xxxxxx X. Xxxxx ------------------------------------ Name: Xxxxxx X. Xxxxx Title: Authorized Agent THE CHASE MANHATTAN BANK By: /s/ Xxxxxxxx Xxxxxxxx ------------------------------------ Name: Xxxxxxxx Xxxxxxxx Title: Assistant Vice President EXHIBIT A1 (Face of Note)
(1) [THE NOTE (as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached heretoOR ITS PREDECESSOR) EVIDENCED HEREBY HAS NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT") OR ANY STATE SECURITIES LAWS, AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF, THE HOLDER: REPRESENTS THAT (1) IT IS (A) A "QUALIFIED INSTITUTIONAL BUYER" (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) OR (B) NOT A U.S. PERSON AND IS ACQUIRING THE NOTE EVIDENCED HEREBY IN AN OFFSHORE TRANSACTION; (2) AGREES THAT IT WILL NOT RESELL OR OTHERWISE TRANSFER THE NOTE EVIDENCED HEREBY EXCEPT TO (A) THE COMPANY OR ANY SUBSIDIARY THEREOF, (B) A QUALIFIED INSTITUTIONAL BUYER IN COMPLIANCE WITH RULE 144A UNDER THE SECURITIES ACT, (C) AN INSTITUTIONAL ACCREDITED INVESTOR THAT, PRIOR TO SUCH TRANSFER, FURNISHES TO THE CHASE MANHATTAN BANK, AS TRUSTEE (OR A SUCCESSOR TRUSTEE, AS APPLICABLE)] on March 15, 2018. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE RESTRICTIONS ON TRANSFER OF THE NOTE EVIDENCED HEREBY (THE FORM OF WHICH LETTER CAN BE OBTAINED FROM SUCH TRUSTEE OR A SUCCESSOR TRUSTEE, AS APPLICABLE), (D) OUTSIDE THE UNITED STATES IN COMPLIANCE WITH RULE 904 UNDER THE SECURITIES ACT, (E) PURSUANT TO THE EXEMPTION FROM REGISTRATION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT (IF AVAILABLE) OR IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT OR (F) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT, AND, IN EACH CASE, IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OR ANY OTHER APPLICABLE JURISDICTION; AND
Appears in 1 contract
Samples: Indenture (SFX Entertainment Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. SIGNATURES Dated as of February 17June 20, 2011 REVEL2002 METALDYNE CORPORATION By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx R. XXXXXXX XXXXXXX ----------------------------------- Name: Xxxx Xxxxxxxxxx R. Xxxxxxx Xxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company EACH OF THE GUARANTORS LISTED ON SCHEDULE I HERETO: By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx R. XXXXXXX XXXXXXX ----------------------------------- Name: Xxxx Xxxxxxxxxx R. Xxxxxxx Xxxxxxx Title: Chief Financial OfficerSecretary THE BANK OF NEW YORK, Treasurer and Secretary REVEL ATLANTIC CITY, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx XXXX XXXXXXXX ------------------------------------ Name: Xxxxxx X. Xxxxxxx, CCTS Xxxx XxXxxxxx Title: Vice President SCHEDULE I SCHEDULE OF GUARANTORS The following schedule list each Guarantor under the Indenture as of the date of the Indenture: ER Acquisition Corp. GMTI Holding Company Halyard Aviation Services, Inc. MASG Disposition, Inc. MASX Energy Services Group, Inc. Metaldyne Accura Tool & Mold, Inc. Metaldyne Company LLC Metaldyne DuPage Die Casting Corporation Metaldyne Europe, Inc. Metaldyne European Holdings Inc. Metaldyne Xxxxxx Precision Die Casting, Inc. Metaldyne Light Metals Company, Inc. Metaldyne Machining and Assembly Company, Inc. Metaldyne Precision Forming-Fort Xxxxx, Inc. Metaldyne Services, Inc. Metaldyne Sintered Components of Indiana, Inc. Metaldyne Sintered Components, Inc. Metaldyne Tubular Products, Inc. Metaldyne U.S. Holding Co. Precision Headed Products, Inc. Punchcraft Company Xxxxx International, Inc. X.X. XxXxxxx & Co. Windfall Products, Inc. Windfall Specialty Powders, Inc. WIPCO, Inc. EXHIBIT A [Face of Note] -------------------------------------------------------------------------------- CUSIP/CINS ------------- 11% [Series A] [Series B] Senior Subordinated Notes due 2012 No. promise $ ------- ------------- METALDYNE CORPORATION promises to pay to CEDE & CO. ---------- or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] ----------------------------------------------------------- Dollars on March June 15, 20182012. Interest Payment Dates: March June 15 and September December 15 Record Dates: March June 1 and September 1December 1 Dated: June 20, 2002 METALDYNE CORPORATION By: ------------------------------------- Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: THE BANK OF NEW YORK, as Trustee By: ------------------------------------ Authorized Signatory -------------------------------------------------------------------------------- [Back of Note] 11% [Series A] [Series B] Senior Subordinated Notes due 2012 [Insert the Global Note Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture] Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (Er Acquisition Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table Contents and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17Very truly yours, 2011 REVELWEST CORPORATION By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx X. Xxxxxxx Name: Xxxx Xxxxxxxxxx X. Xxxxxxx Title: Chief Financial OfficerOfficer and Treasurer COSMOSIS CORPORATION XXXXX CONNECTS, Treasurer and Secretary REVEL ACINC. INTERCALL, LLCINC. INTRADO COMMAND SYSTEMS, a Delaware limited liability company INC. INTRADO COMMUNICATIONS OF VIRGINIA INC. INTRADO INC. INTRADO INFORMATION SYSTEMS HOLDINGS, INC. INTRADO SYSTEMS CORP. NORTHERN CONTACT, INC. TWENTY FIRST CENTURY COMMUNICATIONS OF CANADA, INC. WEST ASSET MANAGEMENT, INC. WEST DIRECT II, INC. WEST INTERACTIVE CORPORATION WEST INTERACTIVE CORPORATION II WEST INTERNATIONAL CORPORATION WEST IP COMMUNICATIONS, INC. WEST NOTIFICATIONS, INC. WEST RECEIVABLE SERVICES, INC. By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx X. Xxxxxxx Name: Xxxx Xxxxxxxxxx X. Xxxxxxx Title: Chief Financial OfficerOfficer and Treasurer ANNEX HOLDINGS HC, Treasurer and Secretary REVEL ATLANTIC CITYLLC By: Rubik Acquisition Company, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporationWest Corporation, its sole member Sole Member By: /s/ Xxxx Xxxxxxxxxx X. Xxxxxxx Name: Xxxx Xxxxxxxxxx X. Xxxxxxx Title: Chief Financial OfficerOfficer and Treasurer ASSET DIRECT MORTGAGE, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company LLC By: Revel AC/s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Manager BUYDEBTCO, LLCLLC THE DEBT DEPOT, a New Jersey limited liability companyLLC WEST ASSET PURCHASING, its sole member LLC WORLDWIDE ASSET PURCHASING, LLC By: Revel ACWest Receivable Services, Inc., a Delaware corporation, its sole member Sole Member By: /s/ Xxxx Xxxxxxxxxx X. Xxxxxxx Name: Xxxx Xxxxxxxxxx X. Xxxxxxx Title: Chief Financial OfficerOfficer and Treasurer HYPERCUBE, Treasurer and Secretary NB ACQUISITIONLLC By: Rubik Acquisition Company, LLC, a New Jersey limited liability company as Member By: Revel Entertainment Group, LLC, a New Jersey limited liability companyWest Corporation, its sole member Sole Member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx X. Xxxxxxx Name: Xxxx Xxxxxxxxxx X. Xxxxxxx Title: Chief Financial OfficerOfficer and Treasurer By: Annex Holdings HC, LLC, as Member By: Rubik Acquisition Company, LLC, its Sole Member By: West Corporation, its Sole Member By /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Financial Officer and Treasurer INTERCALL TELECOM VENTURES, LLC By: InterCall, Inc., its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Financial Officer and Secretary U.S. Treasurer INTRADO INTERNATIONAL, LLC By: Intrado Inc., its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Financial Officer and Treasurer STARGATE MANAGEMENT LLC By: Cosmosis Corporation, its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Financial Officer and Treasurer TWENTY FIRST CENTURY INTERNATIONAL SERVICES LLC By: Twenty First Century Communications, Inc., its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Financial Officer and Treasurer WEST DIRECT, LLC By: West Direct II, Inc., its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Financial Officer and Treasurer RUBIK ACQUISITION COMPANY, LLC WEST AT HOME, LLC WEST BUSINESS SOLUTIONS, LLC WEST FACILITIES, LLC By: West Corporation, its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Financial Officer and Treasurer THE BANK NATIONAL ASSOCIATIONOF NEW YORK MELLON TRUST COMPANY, not in its individual capacity but solely N.A., as Trustee By: /s/ Xxxxxx X. Xxxxxxx Xxxxx Xxxxxxx-Xxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx, CCTS -Xxxxx Title: Vice President [Insert the Global Note Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Regulation S Temporary Global Note Legend, if applicable pursuant to the provisions of the Indenture] No. promise [$ ] promises to pay to CEDE & CO. or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in on the “Schedule of Exchanges of Interests in the Global Note” Note attached hereto)] [of United States Dollars] on March July 15, 20182022. Interest Payment Dates: March January 15 and September July 15 Record Dates: March January 1 and September 1July 1 1 Rule 144A Note CUSIP: 952355 AN5 Rule 144A Note ISIN: US952355AN55 Regulation S Note CUSIP: U9611P AF0 Regulation S Note ISIN: USU9611PAF00 IN WITNESS HEREOF, the Issuer has caused this instrument to be duly executed. Dated: WEST CORPORATION By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: Dated: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By: Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (West Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. Dated as of February 17October 30, 2011 REVEL2002 ISSUERS: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ACWYNN LAS VEGAS, LLC, a Delaware Nevada limited liability company company, By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITYWynn Resorts Holdings, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey Nevada limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUPXxxxxxx Xxxxxx, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey Nevada limited liability company, its sole member By: Revel ACWynn Resorts, Inc.Limited, a Delaware Nevada corporation, its sole member /s/ Xxxx Xxxxxxxxxx XXXXXX XXXXXX Name: Xxxx Xxxxxxxxxx Xxxxxx Xxxxxx Title: Chief Financial OfficerPresident WYNN LAS VEGAS CAPITAL CORP., Treasurer and Secretary NB ACQUISITIONa Nevada corporation, By: /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: Vice President 107 GUARANTORS: DESERT INN WATER COMPANY, LLC, a New Jersey Nevada limited liability company company, By: Revel Entertainment GroupXxxxxxx Xxxxxx, LLC, a New Jersey Nevada limited liability company, its sole member By: Revel ACWynn Resorts, Limited, a Nevada corporation, its sole member /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: President XXXX DESIGN & DEVELOPMENT, LLC, a Nevada limited liability company, By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: President XXXX RESORTS HOLDINGS, LLC, a Nevada limited liability company, By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: President LAS VEGAS JET, LLC, a Nevada limited liability company, By: Wynn Las Vegas, LLC, a Nevada limited liability company, By: Wynn Resorts Holdings, LLC, a Nevada limited liability company, its sole member By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: President 108 WORLD TRAVEL, LLC, a Nevada limited liability company, By: Xxxx Las Vegas, LLC, a Nevada limited liability company, By: Wynn Resorts Holdings, LLC, a Nevada limited liability company, its sole member By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: President PALO, LLC, a Delaware limited liability company, By: Wynn Resorts Holdings, LLC, a Nevada limited liability company, its sole member By: Revel ACXxxxxxx Xxxxxx, Inc.LLC, a Delaware Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member /s/ Xxxx Xxxxxxxxxx XXXXXX XXXXXX Name: Xxxx Xxxxxxxxxx Xxxxxx Xxxxxx Title: Chief Financial OfficerPresident XXXXXXX XXXXXX, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATIONLLC, not in a Nevada limited liability company, By: Wynn Resorts, Limited, a Nevada corporation, its individual capacity but solely as Trustee sole member /s/ XXXXXX XXXXXX Name: Xxxxxx Xxxxxx Title: President 000 XXXX XXXXXXX, LIMITED, a Nevada corporation By: /s/ Xxxxxx X. Xxxxxxx XXXXXX XXXXXX Name: Xxxxxx X. Xxxxxxx, CCTS Xxxxxx Title: Vice President Attest: Name: Title: XXXXX FARGO BANK, NATIONAL ASSOCIATION By: /s/ XXXXXXX XXXXX Name: Xxxxxxx Xxxxx Title: Attest: /s/ ILLEGIBLE Authorized Signatory Date: October 30, 2002 [Face of Note] No. promise $ promises to pay to CEDE & CO. or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] Dollars on March 15November 1, 20182010. Interest Payment Dates: March 15 May 1 and September 15 November 1 Record Dates: March 1 April 15 and September October 15 Dated: October 30, 2002 WYNN LAS VEGAS, LLC, a Nevada limited liability company, By: Wynn Resorts Holdings, LLC, a Nevada limited liability company, its sole member By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member Name: Title: By: Name: Title: WYNN LAS VEGAS CAPITAL CORP., a Nevada corporation, By: Name: Title: By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (3) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (4) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF XXXX LAS VEGAS, LLC AND XXXX LAS VEGAS CAPITAL CORP. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 XXXXX XXXXXX, XXX XXXX, XXX XXXX) ("XXX"), TO THE ISSUERS OR THEIR AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.(1)
(1) This legend should be included on the Global Notes and omitted from Definitive Notes.
Appears in 1 contract
Samples: Indenture (Wynn Resorts LTD)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 103 SIGNATURES Dated as of February 17, 2011 REVEL2002 ISSUERS: a Delaware corporation /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ACXXXX LAS VEGAS, LLC, a Delaware Nevada limited liability company company, By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ATLANTIC CITYWynn Resorts Holdings, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey Nevada limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary REVEL ENTERTAINMENT GROUPXxxxxxx Xxxxxx, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey Nevada limited liability company, its sole member By: Revel ACWynn Resorts, Inc.Limited, a Delaware Nevada corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerWYNN LAS VEGAS CAPITAL CORP., Treasurer and Secretary NB ACQUISITIONa Nevada corporation, By: Name: Title: GUARANTORS: DESERT INN WATER COMPANY, LLC, a New Jersey Nevada limited liability company company, By: Revel Entertainment GroupXxxxxxx Xxxxxx, LLC, a New Jersey Nevada limited liability company, its sole member By: Revel ACWynn Resorts, Limited, a Nevada corporation, its sole member Name: Title: XXXX DESIGN & DEVELOPMENT, LLC, a Nevada limited liability company, By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member Name: Title: XXXX RESORTS HOLDINGS, LLC, a Nevada limited liability company, By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member Name: Title: LAS VEGAS JET, LLC, a Nevada limited liability company, By: Wynn Las Vegas, LLC, a Nevada limited liability company, By: Wynn Resorts Holdings, LLC, a Nevada limited liability company, its sole member By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member Name: Title: WORLD TRAVEL, LLC, a Nevada limited liability company, By: Xxxx Las Vegas, LLC, a Nevada limited liability company, By: Wynn Resorts Holdings, LLC, a Nevada limited liability company, its sole member By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member Name: Title: PALO, LLC, a Delaware limited liability company, By: Xxxx Resorts Holdings, LLC, a Nevada limited liability company, its sole member By: Revel ACXxxxxxx Xxxxxx, Inc.LLC, a Delaware Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerXXXXXXX XXXXXX, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATIONLLC, not in its individual capacity but solely as Trustee a Nevada limited liability company, By: /s/ Xxxxxx X. Xxxxxxx Wynn Resorts, Limited, a Nevada corporation, its sole member Name: Xxxxxx X. Xxxxxxx, CCTS Title: Vice President Attest: XXXXX FARGO BANK, NATIONAL ASSOCIATION By: Name: Title: Attest: Authorized Signatory Date: [Face of Note] CUSIP/CINS 983130 AA3 No. promise $ promises to pay to CEDE & CO. or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] Dollars on March 15, 20182010. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September Dated: , 2002 WYNN LAS VEGAS, LLC, a Nevada limited liability company, By: Wynn Resorts Holdings, LLC, a Nevada limited liability company, its sole member By: Xxxxxxx Xxxxxx, LLC, a Nevada limited liability company, its sole member By: Wynn Resorts, Limited, a Nevada corporation, its sole member Name: Title: By: Name: Title: WYNN LAS VEGAS CAPITAL CORP., a Nevada corporation, By: Name: By: Name: This is one of the Notes referred to in the within-mentioned Indenture: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (3) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (4) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF XXXX LAS VEGAS, LLC AND XXXX LAS VEGAS CAPITAL CORP. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 XXXXX XXXXXX, XXX XXXX, XXX XXXX) ("XXX"), TO THE ISSUERS OR THEIR AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.1 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Samples: Indenture (Wynn Las Vegas LLC)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 121 Dated as of February April 17, 2011 REVEL2003 TESORO PETROLEUM CORPORATION By: a Delaware corporation /s/ Xxxx Xxxxxxxxxx GREGORY A. WRIGHT --------------------------------- Name: Xxxx Xxxxxxxxxx Gregory A. Wright Title: Xxxxxx Xxxx Xxxxxdent and Chief Financial Officer, Treasurer and Secretary REVEL AC, LLC, a Delaware limited liability company Officer FAR EAST MARITIME COMPANY GOLD STAR MARITIME COMPANY TESORO FINANCIAL SERVICES HOLDING COMPANY VICTORY FINANCE COMPANY By: Revel AC/s/ G. SCOTT SPENDLOVE --------------------------------- Name: G. Scott Spendlove Title: Atxxxxxx xx Xxxx DIGICOMP INC. KENAI PIPE LINE COMPANY SMILEY'S SUPER SERVICE, Inc.INC. TESORO ALASKA COMPANY TESORO ALASKA PIPELINE COMPANY TESORO AVIATION COMPANY TESORO GAS RESOURCES COMPANY, a Delaware corporationINC. TESORO HAWAII CORPORATION TESORO HIGH PLAINS PIPELINE COMPANY TESORO MARINE SERVICES HOLDING COMPANY TESORO MARINE SERVICES, its LLC By: Tesoro Marine Services Holding Company, as sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial OfficerTESORO MARITIME COMPANY TESORO NORTHSTORE COMPANY TESORO PETROLEUM COMPANIES, Treasurer and Secretary REVEL ATLANTIC CITYINC. TESORO REFINING AND MARKETING COMPANY TESORO TECHNOLOGY COMPANY TESORO TRADING COMPANY TESORO VOSTOK COMPANY TESORO WASATCH, LLC, a New Jersey limited liability company LLC By: Revel ACTesoro Petroleum Corporation, LLC, a New Jersey limited liability company, its as sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx SHARON L. LAYMAN ----------------------------------- Name: Xxxx Xxxxxxxxxx Sharon L. Layman Title: Chief Financial OfficerVxxx Xxxxxxxxx xxd Treasurer THE BANK OF NEW YORK, Treasurer and Secretary REVEL ENTERTAINMENT GROUP, LLC, a New Jersey limited liability company By: Revel AC, LLC, a New Jersey limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary NB ACQUISITION, LLC, a New Jersey limited liability company By: Revel Entertainment Group, LLC, a New Jersey limited liability company, its sole member By: Revel AC, LLC, a Delaware limited liability company, its sole member By: Revel AC, Inc., a Delaware corporation, its sole member /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Chief Financial Officer, Treasurer and Secretary U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ Xxxxxx X. Xxxxxxx VAN K. BROWN ----------------------------------- Name: Xxxxxx X. Xxxxxxx, CCTS Van K. Brown Title: Vice President Presxxxxx EXHIBITS Exhibit A FORM OF NOTE Exhibit B FORM OF CERTIFICATE OF TRANSFER Exhibit C FORM OF CERTIFICATE OF EXCHANGE Exhibit D FORM OF CERTIFICATE FROM ACQUIRING INSTITUTIONAL ACCREDITED INVESTOR Exhibit E FORM OF SUPPLEMENTAL INDENTURE - ADDITIONAL SUBSIDIARY GUARANTEES Exhibit F REGISTRATION RIGHTS AGREEMENT Exhibit G FORM OF MORTGAGE EXHIBIT A (FACE OF NOTE) THE SECURITIES COVERED HEREBY WERE ISSUED WITH ORIGINAL ISSUE DISCOUNT UNDER SECTIONS 1272, 1273 AND 1275 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. YOU MAY CONTACT GREG WRIGHT, THE CHIEF FINANCIAL OFFICER OF THE COMPANY, AT TESORO PEXXXXXXX XXXPORATION, 300 CONCORD PLAZA DRIVE, SAN ANTONIO, TEXAS 78216-6999, 210-828-8484, XXX XXXX XXXXXXX XXX XXXX XXX XXXXXXXX XXXXXXXXXXX XXGAXXXXX XXX XXSUE PRICE, THE AMOUNT OF SUCH ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY. CUSIP/CINS __________ 8% Senior Secured Notes due 2008 No. promise [__] $__________ TESORO PETROLEUM CORPORATION promises to pay to ______________________________ or registered assigns, the principal sum of DOLLARS [(as such amount may be increased or decreased as set forth in the “Schedule of Exchanges of Interests in the Global Note” attached hereto)] _____________________________ Dollars on March April 15, 20182008. Interest Payment Dates: March April 15 and September 15 October15. Record Dates: March April 1 and September October 1.
Appears in 1 contract
Samples: Indenture (Tesoro Petroleum Co Inc)
