Appears in 3 contracts

Samples: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)

Appears in 2 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)

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~~ 76 Dated as of ~~[ ] [ ]~~March 26, ~~2008 FiberTower Corporation~~ 2015 SIGNATURES SENSATA TECHNOLOGIES, B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: ~~Chief Financial Officer FiberTower Network Services Corp.~~ Attorney in fact [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES, INC. By: /s/ Xxxxxxx Xxxx Name: ~~Xxxxxx X. Xxxxx~~ Xxxxxxx Xxxx Title: Chief ~~Financial~~ Operating Officer ~~FiberTower Solutions Corporation~~ [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES MASSACHUSETTS, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Xxxxxxx Xxxx Title: Chief Financial Officer [~~NAME OF NEW FCC LICENSE SUB~~Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES U.S., LLC By: ~~Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association, as Trustee By:~~ /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES U.S. II, LLC By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES BERMUDA LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Director [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES HOLDING COMPANY US B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES HOLDING COMPANY MEXICO B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES US COÖERATIEF U.A. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES DE MÉXICO, S. DE X.X. DE C.V. By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Attorney in fact [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES JAPAN LIMITED By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Representative Director [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA TECHNOLOGIES BULGARIA EOOD (formerly known as SENSOR-NITE INDUSTRIAL EOOD) By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page – Sensata Technologies B.V. – Indenture] SENSOR-NITE NV By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page – Sensata Technologies B.V. – Indenture] Signed by Xxxxxx Xxxxxxxx (name of director) for and on behalf of /s/ Xxxxxx Xxxxxxxx ST XXXXXXXX HOLDING COMPANY UK LIMITED Director [Signature Page – Sensata Technologies B.V. – Indenture] ST AUGUST LUX COMPANY S.À.X.X., Société à responsablité limitée Registered office: 0X xxxxx xx Xxxxxx, L-2633 Senningberg Grand-Duchy of Luxembourg Share capital: USD 25,000 R.C.S. Luxembourg: B 192229 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page – Sensata Technologies B.V. – Indenture] ST AUGUST LUX INTERMEDIATE HOLDCO S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 25,000 R.C.S. Luxembourg: B 192214 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page – Sensata Technologies B.V. – Indenture] AUGUST LUX HOLDING COMPANY S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 16,376 R.C.S. Luxembourg: B 167704 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page – Sensata Technologies B.V. – Indenture] AUGUST BRAZIL HOLDING COMPANY Société à responsabilité limitée Registered office: 0X xxxxx xx Xxxxxx, L-2633 Senningberg Grand-Duchy of Luxembourg Share capital: USD 16,375 R.C.S. Luxembourg: B 168084 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page – Sensata Technologies B.V. – Indenture] XXXXXX XXXXX HOLDING COMPANY, Société à responsabilité limitée Registered office: 0X xxxxx xx Xxxxxx, L-2633 Senningberg Grand-Duchy of Luxembourg Share capital: USD 16,375 R.C.S. Luxembourg: B 167757 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page – Sensata Technologies B.V. – Indenture] AUGUST FRANCE HOLDING COMPANY, S.A.S By: /s/ Xxxx-Xxxxxx Xxxxxxx Name: Xxxx-Xxxxxx Xxxxxxx Title: Chairman [Signature Page – Sensata Technologies B.V. – Indenture] SENSATA-TECHNOLOGIES FRANCE S.A.S. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page – Sensata Technologies B.V. – Indenture] GIVEN under the Common Seal of SENSATA FINANCE IRELAND LIMITED and DELIVERED as a DEED: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx /s/ Xxxx XxXxxx Xxxx XxXxxx [Signature Page – Sensata Technologies B.V. – Indenture] Signed by Xxxxxx Xxxxxxxx (name of director) for and on behalf of /s/ Xxxxxx Xxxxxxxx AUGUST UK HOLDCO LIMITED Director [Signature Page – Sensata Technologies B.V. – Indenture] THE BANK OF NEW YORK MELLON, as Trustee, Registrar and Paying Agent By: /s/ Xxxx X. ~~Xxxxxxxx~~ Xxxxxxx, Xx. Name: Xxxx X. Xxxxxxx, Xx. Title: Vice President ~~Exhibit~~ [Signature Page – Sensata Technologies B.V. – Indenture] EXHIBIT A [Face of Note] ~~THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ [Insert legends required by Indenture] A-1 [Insert as appropriate: 144A CUSIP No.: 00000XXX0 144A ISIN: US817WAJ27 Reg S CUSIP No.: X00000XX0 Reg S ISIN: USN78840AL45] 5.000% Senior Notes Due 2025 No. [A][S]-[•] $__ SENSATA TECHNOLOGIES B.V. promise to pay to CEDE & CO. or registered assigns, the principal sum of ____________ DOLLARS [if the Note is a Global Note, add the following: (as revised by the Schedule of Increases and Decreases in Global Note, attached hereto)] on October 1, 2025. Interest Payment Dates: April 1 and October 1, commencing October 1, 2015. Additional provisions of this Note are set forth on the other side of this Note. Record Dates: March 15 and September 15. Dated: [●] SENSATA TECHNOLOGIES B.V. By: Name: Title: Dated: Dated: ____________________ This is one of the Notes referred to in the within-mentioned Indenture: THE ~~MEANING~~ BANK OF ~~SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~NEW YORK MELLON, AS AMENDED, AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIPas Trustee By: Authorized Signatory [Reverse of Note] 5.000% Senior Notes due 2025 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.

Appears in 2 contracts

Samples: Sensata Technologies Holding PLC, Sensata Technologies Holding PLC

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~~ 86 Dated as of [ August 17, 2020 SIGNATURES SENSATA TECHNOLOGIES, INC., as Issuer By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: President and Chief Executive Officer [Signature Page to Indenture] ~~[ ]~~BEI NORTH AMERICA LLC, ~~2008 FiberTower Corporation~~ CRYDOM, INC., CUSTOM SENSORS & TECHNOLOGIES, INC., CUSTOM SENSORS & TECHNOLOGIES US CORPORATION, CUSTOM SENSORS & TECHNOLOGIES US LLC, KAVLICO CORPORATION, NEWALL ELECTRONICS INC., each as Guarantor By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: President and Chief Executive Officer STI HOLDCO, INC., SENSATA TECHNOLOGIES BULGARIA EOOD, each as Guarantor By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director SENSATA TECHNOLOGIES US, LLC, SENSATA TECHNOLOGIES US II, LLC, each as Guarantor By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Manager [Signature Page to Indenture] SENSATA TECHNOLOGIES BERMUDA LTD., as Guarantor By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Director [Signature Page to Indenture] CDI NETHERLANDS B.V., as Guarantor By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director [Signature Page to Indenture] SENSATA TECHNOLOGIES HOLLAND B.V., as Guarantor By: /s/ Xxxxx Xxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxx Title: Director [Signature Page to Indenture] SENSATA TECHNOLOGIES US COOPERATIEF U.A., SENSATA TECHNOLOGIES B.V., SENSATA TECHNOLOGIES HOLDING COMPANY MEXICO, B.V., each as Guarantor By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Director [Signature Page to Indenture] Signed by Xxxxxx Xxxxxxxxxxx (name of director) for an on behalf of /s/ Xxxxxx Xxxxxxxxxxx AUGUST UK HOLDCO LIMITED, Director as Guarantor [Signature Page to Indenture] Signed by Xxxxxxx Xxxx (name of director) for an on behalf of /s/ Xxxxxxx Xxxx CUSTOM SENSORS & TECHNOLOGIES NEWCO LTD., Director as Guarantor Signed by Xxxxxxx Xxxx (name of director) for an on behalf of /s/ Xxxxxxx Xxxx SENSATA TECHNOLOGIES UK FINANCING CO. PLC, Director as Guarantor Signed by Xxxxxxx Xxxx (name of director) for an on behalf of /s/ Xxxxxxx Xxxx ST XXXXXXXX HOLDING COMPANY UK LIMITED, Director as Guarantor [Signature Page to Indenture] SENSATA TECHNOLOGIES JAPAN LIMITED, as Guarantor By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Representative Director [Signature Page to Indenture] ST AUGUST LUX INTERMEDIATE HOLDCO S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 192214, as Guarantor By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) ST AUGUST LUX INTERMEDIATE HOLDCO S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 192214, as Guarantor By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Manager (Class B) [Signature Page to Indenture] AUGUST LUX HOLDING COMPANY, S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 167704, as Guarantor By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) AUGUST LUX HOLDING COMPANY, S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 167704, as Guarantor By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Manager (Class B) [Signature Page to Indenture] AUGUST LUXUK HOLDING COMPANY, Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 167757, as Guarantor By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) AUGUST LUXUK HOLDING COMPANY, Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 167757, as Guarantor By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Manager (Class B) [Signature Page to Indenture] AUGUST BRAZIL HOLDING COMPANY, Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 168084, as Guarantor By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) AUGUST BRAZIL HOLDING COMPANY, Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 168084, as Guarantor By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Manager (Class B) [Signature Page to Indenture] ST AUGUST LUX COMPANY S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 192229, as Guarantor By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) ST AUGUST LUX COMPANY S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Luxembourg R.C.S.: B 192229, as Guarantor By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Manager (Class B) [Signature Page to Indenture] THE BANK OF NEW YORK MELLON, as Trustee, Registrar and Paying Agent By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President [Signature Page to Indenture] [Face of Note] [Insert legends required by the Indenture] [Signature Page to Indenture] [Insert as appropriate: 144A CUSIP No.: 81728U AB0 144A ISIN: US81728UAB08 Reg S CUSIP No.: U81700 AB9 Reg S ISIN: USU81700AB94] 3.750% Senior Notes due 2031 No. [A][S]-[●] $ SENSATA TECHNOLOGIES, INC. promises to pay to CEDE & CO. or registered assigns, the principal sum of __________________ DOLLARS [if the Note is a Global Note, add the following: (as revised by the Schedule of Increases and Decreases in Global Note, attached hereto)] on February 15, 2031. Interest Payment Dates: February 15 and August 15, commencing February 15, 2021. Additional provisions of this Note are set forth on the other side of this Note. Record Dates: February 1 and August 1. Dated: August 17, 2020 [Signature Page to Indenture] SENSATA TECHNOLOGIES, INC. By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer FiberTower Network Services Corp. By~~Dated: ~~Name~~[Signature Page to Indenture] Dated: ~~Xxxxxx X. Xxxxx Title~~This is one of the Notes referred to in the within-mentioned Indenture: Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME THE BANK OF NEW ~~FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association~~YORK MELLON, as Trustee By: ~~Name: Xxxxxxx X. Xxxxxxxx Title: Vice President Exhibit A~~ Authorized Signatory [~~Face~~ Signature Page to Indenture] [Reverse of Note] THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING OF SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP3.750% Senior Notes due 2031 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.

Appears in 2 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)

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 ~~[ ] [ ]~~August 29, ~~2008 FiberTower Corporation~~ 2022 SIGNATURES SENSATA TECHNOLOGIES B.V., as Issuer By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director STI HOLDCO, INC. SENSATA TECHNOLOGIES, INC. BEI NORTH AMERICA, LLC CRYDOM, INC. CUSTOM SENSORS & TECHNOLOGIES, INC. CUSTOM SENSORS & TECHNOLOGIES US CORPORATION CUSTOM SENSORS & TECHNOLOGIES US LLC GIGAVAC, LLC KAVLICO CORPORATION NEWALL ELECTRONICS INC., each as a Guarantor By: /s/ Xxxxx X. XxXxxx Name: Xxxxx X. XxXxxx Title: Treasurer CDI NETHERLANDS B.V. SENSATA TECHNOLOGIES HOLDING COMPANY MEXICO, B.V. SENSATA TECHNOLOGIES HOLLAND B.V., each as a Guarantor By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director SENSATA TECHNOLOGIES BULGARIA EOOD, as a Guarantor By: /s/ Xxxxx X. XxXxxx Name: Xxxxx X. XxXxxx Title: Director Signed by Xxxxx X. XxXxxx (name of director) for and on behalf of /s/ Xxxxx X. XxXxxx AUGUST UK HOLDCO LIMITED, as a Guarantor Director Signed by Xxxxx X. XxXxxx (name of director) for and on behalf of /s/ Xxxxx X. XxXxxx CUSTOM SENSORS & TECHNOLOGIES NEWCO LTD., as a Guarantor Director Signed by Xxxxx X. XxXxxx (name of director) for and on behalf of /s/ Xxxxx X. XxXxxx SENSATA TECHNOLOGIES UK FINANCING CO. PLC, as a Guarantor Director Signed by Xxxxx X. XxXxxx (name of director) for and on behalf of /s/ Xxxxx X. XxXxxx ST XXXXXXXX HOLDING COMPANY UK LIMITED, as a Guarantor Director [Signature Page to Indenture] AUGUST BRAZIL HOLDING COMPANY Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 168084, as a Guarantor By: /s/ Xxxxxx Xxxxxxxx __________________ Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) AUGUST BRAZIL HOLDING COMPANY Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 168084, as a Guarantor By: /s/ Xxxxx Xxxxxx____________________ Name: Xxxxx Xxxxxx Title: Manager (Class B) AUGUST LUX HOLDING COMPANY Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 167704, as a Guarantor By: /s/ Xxxxxx Xxxxxxxx __________________ Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) AUGUST LUX HOLDING COMPANY Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 167704, as a Guarantor By: /s/ Xxxxx Xxxxxx____________________ Name: Xxxxx Xxxxxx Title: Manager (Class B) AUGUST LUXUK HOLDING COMPANY Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 167757, as a Guarantor By: /s/ Xxxxxx Xxxxxxxx __________________ Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) AUGUST LUXUK HOLDING COMPANY Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 167757, as a Guarantor By: /s/ Xxxxx Xxxxxx____________________ Name: Xxxxx Xxxxxx Title: Manager (Class B) ST AUGUST LUX COMPANY S.À X.X. Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 192229, as a Guarantor By: /s/ Xxxxxx Xxxxxxxx __________________ Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) ST AUGUST LUX COMPANY S.À X.X. Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 192229, as a Guarantor By: /s/ Xxxxx Xxxxxx____________________ Name: Xxxxx Xxxxxx Title: Manager (Class B) ST AUGUST LUX INTERMEDIATE HOLDCO S.À X.X. Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 192214, as a Guarantor By: /s/ Xxxxxx Xxxxxxxx __________________ Name: Xxxxxx Xxxxxxxx Title: Manager (Class A) ST AUGUST LUX INTERMEDIATE HOLDCO S.À X.X. Société à responsabilité limitée Registered office: 00X, xxx Xxxxxxxxx Xxxxx, L-1882 Luxembourg Luxembourg R.C.S.: B 192214, as a Guarantor By: /s/ Xxxxx Xxxxxx____________________ Name: Xxxxx Xxxxxx Title: Manager (Class B) SENSATA TECHNOLOGIES JAPAN LIMITED, as a Guarantor By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Representative Director SENSATA MALTA HOLDING LTD. SENSATA TECHNOLOGIES MALTA LTD., each as a Guarantor By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Director THE BANK OF NEW YORK MELLON, as Trustee, Registrar and Paying Agent By: /s/ Xxxxxx X. Xxxxxxxxxxxx Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Network Services Corp. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association, as Trustee By: Name: Xxxxxxx X. Xxxxxxxx Xxxxxxxxxxxx Title: Vice President ~~Exhibit~~ EXHIBIT A [Face of Note] ~~THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ [Insert legends required by the Indenture] [Insert as appropriate: 144A CUSIP No.: [ ] 144A ISIN: [ ] Reg S CUSIP No.: [ ] Reg S ISIN: U[ ]] 5.875% Senior Notes due 2030 No. [A][S]-[●] $ SENSATA TECHNOLOGIES B.V. promises to pay to CEDE & CO. or registered assigns, the principal sum of DOLLARS [if the Note is a Global Note, add the following: (as revised by the Schedule of Increases and Decreases in Global Note, attached hereto)] on September 1, 2030. Interest Payment Dates: September 1 and March 1, commencing March 1, 20231. Additional provisions of this Note are set forth on the other side of this Note. Record Dates: February 15 and August 15. Dated: [ ], [ ] ______________________________ 1 Date to be used for Initial Notes; date to be revised as appropriate in the case of any Additional Notes. SENSATA TECHNOLOGIES B.V. By: Name: Title: Dated: Dated: This is one of the Notes referred to in the within-mentioned Indenture: THE ~~MEANING~~ BANK OF ~~SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~NEW YORK MELLON, AS AMENDED, AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIPas Trustee By: Authorized Signatory [Reverse of Note] 5.875% Senior Notes due 2030 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.

Appears in 2 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)

Appears in 1 contract

Samples: Ziff Davis Holdings Inc

Appears in 1 contract

Samples: Indenture (Nesco Holdings, Inc.)

Appears in 1 contract

Samples: Indenture (Sensata Technologies Holding PLC)

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. 129 SIGNATURES ~~Dated as of [ ] [ ]~~HELIX ENERGY SOLUTIONS GROUP, ~~2008 FiberTower Corporation~~ INC. By: Name: ~~Xxxxxx X. Xxxxx~~ Title: Chief Financial Officer FiberTower Network Services Corp. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART LeasingWXXXX FARGO BANK, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National AssociationNATIONAL ASSOCIATION, as Trustee By: Name: ~~Xxxxxxx X. Xxxxxxxx~~ Title: ~~Vice President Exhibit A~~ CANYON OFFSHORE, INC. By: Name: Title: CANYON OFFSHORE INTERNATIONAL CORP. By: Name: Title: 130 ENERGY RESOURCE TECHNOLOGY GOM, INC. By: Name: Title: CKB PETROLEUM, INC. By: Name: Title: CKB & ASSOCIATES, INC. By: Name: Title: BOX BROTHERS REALTY INVESTMENTS COMPANY By: Name: Title: CB FARMS, INC. By: Name: Title: 131 BOX RESOURCES, INC. By: Name: Title: WELL OPS, INC. By: Name: Title: 132 HELIX VESSEL HOLDINGS LLC By: Name: Title: NEPTUNE VESSEL HOLDINGS LLC By: Name: Title: VULCAN MARINE HOLDINGS LLC By: Name: Title: VULCAN MARINE TECHNOLOGY LLC By: Name: Title: HELIX INGLESIDE LLC By: Name: Title: 133 HELIX OIL & GAS, INC. By: Name: Title: WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: Name: Title: EXHIBIT A1 [Face of Note] UNLESS THIS ~~DEBT INSTRUMENT~~ CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), 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. 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 2.07 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.07 OF THE INDENTURE, (3) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.12 OF THE INDENTURE AND (4) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY. THIS SECURITY 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 SECURITY 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 SECURITY, BY ITS ACCEPTANCE HEREOF, (1) REPRESENTS THAT (A) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT (“RULE 144A”)) OR (B) IT IS NOT A U.S. PERSON AND IS ACQUIRING THIS SECURITY IN AN “OFFSHORE TRANSACTION” PURSUANT TO RULE 904 OF REGULATION S UNDER THE SECURITIES ACT; (2) AXXXXX XX X0-0 ITS OWN BEHALF AND ON BEHALF OF ANY INVESTOR ACCOUNT FOR WHICH IT HAS PURCHASED SECURITIES THAT IT WILL NOT PRIOR TO THE DATE WHICH IS TWO YEARS (OR SUCH SHORTER PERIOD OF TIME AS PERMITTED BY RULE 144 UNDER THE SECURITIES ACT OR ANY SUCCESSOR PROVISION THEREUNDER) AFTER THE LATER OF THE ORIGINAL ISSUE DATE HEREOF (OR OF ANY PREDECESSOR OF THIS SECURITY) OR THE LAST DAY ON WHICH THE ISSUER OR ANY AFFILIATE OF THE ISSUER WERE THE OWNERS OF THIS NOTE (OR ANY PREDECESSOR OF THIS NOTE) (THE “RESALE RESTRICTION TERMINATION DATE”), OFFER, SELL OR OTHERWISE TRANSFER THIS SECURITY EXCEPT (A) TO THE ISSUER, (B) PURSUANT TO A REGISTRATION STATEMENT THAT HAS BEEN ~~ISSUED~~ DECLARED EFFECTIVE UNDER THE SECURITIES ACT (AND WHICH CONTINUES TO BE EFFECTIVE AT THE TIME OF SUCH TRANSFER), (C) FOR SO LONG AS THE SECURITIES ARE ELIGIBLE FOR RESALE PURSUANT TO RULE 144A, IN COMPLIANCE WITH ~~ORIGINAL ISSUE DISCOUNT~~ RULE 144A TO A PERSON IT REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER 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 ~~SECTION 1273~~ REGULATION S UNDER THE SECURITIES ACT OR (E) PURSUANT TO ANOTHER AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ~~INTERNAL REVENUE CODE~~ SECURITIES ACT; AND (3) AGREES THAT IT WILL DELIVER TO EACH PERSON TO WHOM THIS SECURITY IS TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF ~~1986~~THIS LEGEND; PROVIDED THAT THE ISSUER, ~~AS AMENDED~~THE TRUSTEE, THE REGISTRAR AND THE ~~TREASURY REGULATIONS THEREUNDER. CONTACT~~ TRANSFER AGENT SHALL HAVE THE ~~CHIEF FINANCIAL OFFICER~~ RIGHT PRIOR TO ANY SUCH OFFER, SALE OR TRANSFER PURSUANT TO CLAUSE (D) PRIOR TO THE END OF THE ~~ISSUER AT 415~~40-~~659-3500 FOR~~ DAY DISTRIBUTION COMPLIANCE PERIOD WITHIN THE ~~ISSUE PRICE~~MEANING OF REGULATION S UNDER THE SECURITIES ACT OR PURSUANT TO CLAUSE (E) PRIOR TO THE RESALE RESTRICTION TERMINATION DATE TO REQUIRE THAT AN OPINION OF COUNSEL, CERTIFICATION AND/OR OTHER INFORMATION SATISFACTORY TO EACH OF THEM IS COMPLETED AND DELIVERED BY THE TRANSFEROR. THIS LEGEND WILL BE REMOVED UPON THE REQUEST OF THE HOLDER AFTER THE RESALE RESTRICTION TERMINATION DATE. AS USED HEREIN, THE ~~AMOUNT OF ORIGINAL ISSUE DISCOUNT~~TERMS “OFFSHORE TRANSACTION”, “UNITED STATES” AND “U.S. PERSON” HAVE THE ~~ISSUE DATE AND~~ MEANINGS GIVEN TO THEM BY REGULATION S UNDER THE ~~YIELD TO MATURITY OF THIS DEBT INSTRUMENT~~SECURITIES ACT. No. [ ] CUSIP: [ ] Principal Amount: $[ ] A1-2 HELIX ENERGY SOLUTIONS GROUP, INC.

Appears in 1 contract

Samples: Indenture (Helix Energy Solutions Group Inc)

Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Senior Subordinated Indenture have been inserted for convenience of reference only, are not to be considered a part of this Senior Subordinated Indenture and ~~shall~~ will in no way modify or restrict any of the terms or provisions hereof. ~~SIGNATURES~~ 130 131 Dated as of ~~[ ] [ ]~~September 23, ~~2008 FiberTower Corporation~~ 2004 SIGNATURES VANGUARD HEALTH HOLDING COMPANY II, LLC By: /s/ Xxxxxx X. Xxxxx -------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~FiberTower Network Services Corp.~~ & Treasurer VANGUARD HOLDING COMPANY II, INC. By: /s/ Xxxxxx X. Xxxxx -------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~FiberTower Solutions Corporation~~ & Treasurer VANGUARD HEALTH HOLDING COMPANY I, LLC By: /s/ Xxxxxx X. Xxxxx -------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~ART Leasing Corporation~~ & Treasurer VANGUARD HEALTH SYSTEMS, INC. By: /s/ Xxxxxx X. Xxxxx -------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~ART Leasing~~& Treasurer Counterpart Signature Page Senior Subordinated Notes Indenture SUBSIDIARY GUARANTORS: HOSPITAL DEVELOPMENT OF WEST PHOENIX, ~~Inc.~~ INC. XXXXXXX HEALTH PROVIDERS, INC. XXXXXXX MANAGEMENT SERVICES, INC. XXXXXXX MEDICAL RECORDS, INC. MIDWEST CLAIMS PROCESSING, INC. PROS TEMPORARY STAFFING, INC. VANGUARD HEALTH FINANCIAL COMPANY, INC. VANGUARD HEALTH MANAGEMENT, INC. VHS ACQUISITION CORPORATION VHS ACQUISITION SUBSIDIARY NUMBER 1, INC. VHS ACQUISITION SUBSIDIARY NUMBER 2, INC. VHS ACQUISITION SUBSIDIARY NUMBER 4, INC. VHS ACQUISITION SUBSIDIARY NUMBER 5, INC. VHS ACQUISITION SUBSIDIARY NUMBER 8, INC. 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. WATERMARK PHYSICIAN SERVICES, INC. By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~Teligent Services Acquisition, Inc.~~ & Treasurer Duly authorized to sign on behalf of each of the foregoing entities THE ANAHEIM VHS LIMITED PARTNERSHIP By: VHS of Anaheim, Inc., its General Partner By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~[NAME OF NEW FCC LICENSE SUB]~~ & Treasurer Counterpart Signature Page Senior Subordinated Notes Indenture THE HUNTINGTON BEACH VHS LIMITED PARTNERSHIP By: VHS of Huntington Beach, Inc., its General Partner By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: [Xxxxxx X. ~~Xxxxx]~~ Xxxxx Title: [Executive Vice President, Chief Financial ~~Officer] Xxxxx Fargo Bank~~Officer & Treasurer HEALTHCARE COMPLIANCE, ~~National Association, as Trustee~~ L.L.C. By: Vanguard Health Management, Inc., its Member By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: ~~Xxxxxxx~~ Xxxxxx X. ~~Xxxxxxxx~~ Xxxxx Title: Executive Vice ~~President Exhibit A~~ President, Chief Financial Officer & Treasurer THE VHS ARIZONA IMAGING CENTERS LIMITED PARTNERSHIP By: VHS Imaging Centers, Inc., its General Partner By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer & Treasurer VHS SAN ANTONIO PARTNERS, L.P. By: VHS Acquisition Subsidiary Number 5, Inc., its General Partner By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer & Treasurer Counterpart Signature Page Senior Subordinated Notes Indenture Dated as of September 23, 2004 SIGNATURES U.S. Bank National Association By: /s/ Xxxxxxx Xxxxxxxx -------------------------------- Authorized Signatory Counterpart Signature Page Senior Subordinated Notes Indenture EXHIBIT A1 [Face of Senior Subordinated Note] ~~THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING OF SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~________________________________________________________________________________ CUSIP/ISIN 9% Senior Subordinated Notes due 2014 No. ____ $_____________ VANGUARD HEALTH HOLDING COMPANY II, ~~AS AMENDED~~LLC and VANGUARD HOLDING COMPANY II, ~~AND THE TREASURY REGULATIONS THEREUNDER~~INC. ~~CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE~~promise to pay to CEDE & CO. or registered assigns, ~~THE AMOUNT OF ORIGINAL ISSUE DISCOUNT~~the principal sum of $__________ DOLLARS on October 1, ~~THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP~~2014.

Appears in 1 contract

Samples: VHS of Anaheim Inc

Appears in 1 contract

Samples: Supplemental Indenture (Symbion Inc/Tn)

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. ~~SIGNATURES Dated~~ AVANTOR FUNDING, INC., as ~~of [ ] [ ], 2008 FiberTower Corporation~~ Issuer By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. ~~Xxxxx~~ Xxxxxxx Title: ~~Chief Financial Officer FiberTower Network Services Corp.~~ Senior Vice President – Global Taxation VAIL HOLDCO SUB LLC, as Holdings By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. ~~Xxxxx~~ Xxxxxxx Title: ~~Chief Financial Officer FiberTower Solutions Corporation~~ 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. ~~Xxxxx~~ Xxxxxxx Title: ~~Chief Financial Officer ART Leasing Corporation~~ Vice President AVANTOR PERFORMANCE MATERIALS INTERNATIONAL, LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. ~~Xxxxx~~ Xxxxxxx Title: ~~Chief Financial Officer ART Leasing~~Senior Vice President VWR INTERNATIONAL HOLDINGS, ~~Inc.~~ INC. By: /s/ Xxxxxxx Xxxxxxxx Name: ~~Xxxxxx X. Xxxxx~~ Xxxxxxx Xxxxxxxx Title: ~~Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME~~ Vice President THE BANK OF NEW ~~FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank~~YORK MELLON TRUST COMPANY, ~~National Association~~N.A., as Trustee By: /s/ Xxxxxxxx X. Xxxxx Name: ~~Xxxxxxx~~ Xxxxxxxx X. ~~Xxxxxxxx~~ Xxxxx Title: Vice President ~~Exhibit~~ EXHIBIT A [Face of Note] ~~THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ [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] CUSIP: [ ] ISIN: [ ]1 [RULE 144A][REGULATION S] GLOBAL NOTE 3.875% Senior Notes due 2029 No. ___ [$______________] AVANTOR FUNDING, INC. promises to pay to CEDE & CO. or registered assigns, the principal sum [set forth on the Schedule of Exchanges of Interests in the Global Note attached hereto] [of ________________________ United States Dollars] on November 1, 2029. Interest Payment Dates: May 1 and November 1 Record Dates: April 15 and October 15 1 Rule 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 ~~MEANING~~ BANK OF ~~SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~NEW YORK MELLON TRUST COMPANY, ~~AS AMENDED~~N.A., AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIPas Trustee Dated: By: Authorized Signatory [Back of Note] 3.875% Senior Notes due 2029 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.)

Appears in 1 contract

Samples: Indenture (Sunoco LP)

Appears in 1 contract

Samples: Indenture (Superior Energy Services Inc)

Appears in 1 contract

Samples: Indenture (Walter Energy, 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~~ will in no way modify or restrict any of the terms or provisions hereof. SIGNATURES Dated as of ~~[ ] [ ]~~June 10, ~~2008 FiberTower Corporation~~ 2011 W&T OFFSHORE, INC. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X Xxxxxxx Title: Senior Vice President, Chief Financial Officer and Chief Accounting Officer W&T ENERGY VI, LLC W&T ENERGY VII, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. ~~Xxxxx~~ Xxxxxx Title: Chief Financial Officer FiberTower Network Services Corp. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART LeasingAuthorized Representative XXXXX FARGO BANK, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National AssociationNATIONAL ASSOCIATION, as Trustee By: /s/ Xxxx X. Xxxxxxxxx Name: ~~Xxxxxxx~~ Xxxx X. ~~Xxxxxxxx~~ Xxxxxxxxx Title: Vice President ~~Exhibit~~ EXHIBIT A [Face of Note] CUSIP: [ ] ISIN: [ ] 8.500% Senior Notes due 2019 No. — $[ ] W&T OFFSHORE, INC. promises to pay to [ ] or registered assigns, the principal sum of DOLLARS on June 15, 2019. Interest Payment Dates: June 15 and December 15 Record Dates: June 1 and December 1 Dated: June 10, 2011 IN WITNESS HEREOF, the Company has caused this instrument to be duly executed. W&T OFFSHORE, INC. By: Name: Title: TRUSTEE CERTIFICATE OF AUTHENTICATION This is one of the 8.500% Senior Notes due 2019 referred to in the within-mentioned Indenture: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: Authorized Signatory Dated: [Back of Note] 8.500% Senior Notes due 2019 [THIS ~~DEBT INSTRUMENT~~ 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 XXXXX XXXXXX, XXX XXXX, XXX XXXX) (“DTC”), 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 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. [Insert the Global Note Legend, if applicable pursuant to the provisions of the Indenture]] THIS NOTE HAS NOT BEEN ~~ISSUED WITH ORIGINAL ISSUE DISCOUNT~~ REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND ACCORDINGLY, MAY NOT BE OFFERED OR SOLD WITHIN THE ~~MEANING~~ 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, THE HOLDER (1) REPRESENTS THAT (A) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) OR (B) IT IS NOT 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 ~~SECTION 1273~~ REGULATION D UNDER THE SECURITIES ACT) (AN “INSTITUTIONAL ACCREDITED INVESTOR”), (2) AGREES THAT IT WILL NOT, WITHIN THE TIME PERIOD REFERRED TO IN RULE 144 UNDER THE SECURITIES ACT AFTER THE ORIGINAL ISSUANCE OF THESE NOTES, RESELL OR OTHERWISE TRANSFER THIS NOTE EXCEPT (A) TO THE COMPANY OR ANY SUBSIDIARY THEREOF, (B) INSIDE THE UNITED STATES TO A QUALIFIED INSTITUTIONAL BUYER 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 SECURITIES ACT (IF AVAILABLE), (D) PURSUANT TO THE EXEMPTION FROM REGISTRATION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT (IF AVAILABLE), (E) INSIDE THE UNITED STATES TO AN INSTITUTIONAL ACCREDITED INVESTOR THAT, PRIOR TO SUCH TRANSFER, FURNISHES (OR HAS FURNISHED ON ITS BEHALF BY A U.S. BROKER-DEALER) TO THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE RESTRICTIONS ON 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 OF LESS THAN $100,000 AN OPINION OF COUNSEL ACCEPTABLE TO THE COMPANY THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT, (F) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ~~INTERNAL REVENUE CODE~~ SECURITIES ACT (AND BASED UPON AN OPINION OF ~~1986~~COUNSEL ACCEPTABLE TO THE COMPANY) OR (G) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND (3) AGREES THAT IT WILL DELIVER TO EACH PERSON TO WHOM THIS NOTE IS TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS LEGEND. IN CONNECTION WITH ANY TRANSFER OF THIS NOTE WITHIN THE TIME PERIOD REFERRED TO IN RULE 144 UNDER THE SECURITIES ACT AFTER THE ORIGINAL ISSUANCE OF THESE NOTES, ~~AS AMENDED~~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. IF THE PROPOSED TRANSFEREE IS AN INSTITUTIONAL ACCREDITED INVESTOR, THE HOLDER MUST, PRIOR TO SUCH TRANSFER, FURNISH TO THE TRUSTEE AND THE ~~TREASURY REGULATIONS THEREUNDER. CONTACT~~ COMPANY SUCH CERTIFICATIONS, LEGAL OPINIONS OR OTHER INFORMATION AS EITHER OF THEM MAY REASONABLY REQUIRE TO CONFIRM THAT SUCH TRANSFER IS BEING MADE PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE ~~CHIEF FINANCIAL OFFICER~~ REGISTRATION REQUIREMENTS OF THE ~~ISSUER AT 415-659-3500 FOR THE ISSUE PRICE~~SECURITIES ACT. AS USED HEREIN, THE ~~AMOUNT OF ORIGINAL ISSUE DISCOUNT,~~ TERMS “OFFSHORE TRANSACTION,” “UNITED STATES” AND “U.S. PERSON” HAVE THE ~~ISSUE DATE AND~~ MEANINGS GIVEN TO THEM BY REGULATION S UNDER THE ~~YIELD~~ SECURITIES ACT. THE INDENTURE CONTAINS A PROVISION REQUIRING THE TRUSTEE TO ~~MATURITY~~ REFUSE TO REGISTER ANY TRANSFER OF THIS ~~DEBT INSTRUMENT~~NOTE IN VIOLATION OF THE FOREGOING RESTRICTIONS. ~~CUSIP~~[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 (W&t Offshore Inc)

Appears in 1 contract

Samples: Intercreditor Agreement (FiberTower CORP)

Appears in 1 contract

Samples: Platte Chemical Co

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. 84 SIGNATURES ~~Dated as of [ ] [ ]~~MIDWEST GENERATION, ~~2008 FiberTower Corporation~~ LLC By: /s/ XXXX X. XXXXXXXX, XX. Name: ~~Xxxxxx~~ Xxxx X. Xxxxxxxx, Xx. Title: Vice President MIDWEST FINANCE CORP. By: /s/ XXXX X. XXXXXXXX, XX. Name: Xxxx X. Xxxxxxxx, Xx. Title: Vice President THE BANK OF NEW YORK By: /s/ XXXXXXXXXXX X. XXXXX Name: Xxxxxxxxxxx X. Xxxxx Title: ~~Chief~~ Vice President SCHEDULE A Permitted Prior Liens Debtor Name Secured Party / Amended or Assigned Name Jurisdiction Type of Filing Original File Date Original File Number Collateral Description / Comments Midwest Generation, LLC— Delaware Secretary of State (UCC/Fed. Tax Lien) Midwest Generation, LLC United States Trust Company of New York1 Delaware Secretary of State UCC-1 Filed 9/19/02 22362311 Property under the Facility Lease (T1). Joliet Trust I, as Secured Party and United States Trust Company of New York, as assignee of Secured Party. Midwest Generation, LLC United States Trust Company of New York2 Delaware Secretary of State UCC-1 Filed 9/19/02 22362428 Property under the Facility Lease (T1). Powerton Trust I, as Secured Party and United States Trust Company of New York, as assignee of Secured Party. Midwest Generation, LLC The CIT Group / Equipment Financing, Inc. Delaware Secretary of State UCC-1 Filed 10/29/02 22727190 To continue seven specified financing statements filed and continued between 1992-1998, which remain effective. Equipment manufactured by Northern Telecom, Inc. (eg, digital phones, miscellaneous cabeling and wire); Picture Tel (eg, videoconferencing systems); IBM Corporation (eg, page printer); NCR (eg, printer, adapters). Midwest Generation, LLC Dell Financial ~~Officer FiberTower Network~~ Services ~~Corp. By~~Delaware Secretary of State UCC-1 Filed 1/16/03 30139934 Computer equipment and peripherals. Midwest Generation, LLC3 Financial Federal Credit Inc. Delaware Secretary of State UCC-1 Filed 7/15/03 32007428 Amendment to collateral description: ~~Name~~Secured Party releases its interest in all collateral covered by the referenced filing except for the following: One (1) 2003 Sterling, SN 0XXXXXXX00XX00000 with an attached model XXS4118TC Guzzler Vacuum Body SN: 02-07G-4068, including all attachments and accessories and all proceeds, rental proceeds, accounts, accounts receivable and chattel paper arising our of or related to the sale, lease, rental of other disposition thereof. Midwest Generation, LLC—Illinois Secretary of State (UCC/Fed. Tax Lien) Midwest Generation, LLC Xxxxxxx Financial Services Illinois Secretary of State UCC-1 Filed 1/3/01 4318895 Xxxxxxx Model 8200 Sweeper / Scruber Midwest Generation, LLC Caterpillar Financial Services Corporation Illinois Secretary of State UCC-1 Filed 11/5/01 4457707 Caterpillar D9R Track-Type Tractor SN: ACL00734; Caterpillar D9R Track-Type Tractor SN: ACL00735 Midwest Generation, LLC4 Financial Federal Credit Inc. Illinois Secretary of State UCC-1 Filed 11/12/02 6109365 Amendment to collateral description: Secured Party releases its interest in all collateral covered by the referenced filing except for the following: One (1) 2003 Sterling, SN: 0XXXXXXX00XX00000 with an attached model XXS4118TC Guzzler Vacuum Body, SN: 02-07G-4068, including all attachments and accessories and all proceeds, rental proceeds, accounts, accounts receivable and chattel paper arising our of or related to the sale, lease, rental of other disposition thereof. Midwest Generation, LLC FCC Equipment Financing, Inc. Illinois Secretary of State UCC-1 / UCC-3 Filed 4/17/03 Amended (restated collateral description) 6/26/03 6872107; 7209428 One Supersucker 6227 Industrial Vacuum Loader SN: 03071556; One Sterling 9513 Truck VIN: 0XXXXXXX00XX00000 and substitutions, replacements, additions and accessions thereto now owned of hereafter acquired and proceeds thereof Midwest Generation, LLC Caterpillar Financial Services Illinois Secretary of State UCC-1 Filed 1/2/04 8049920 One D11RECPS Track-type Tractor S/N: CSA and substitutions, replacements, additions and accessions thereto now owned of hereafter acquired and proceeds thereof Midwest Generation, LLC Caterpillar Financial Services Illinois Secretary of State UCC-1 Filed 1/2/2004 8049939 One Caterpillar D11RECPS Track-type Tractor S/N: 7PZ007262 and substitutions, replacements, additions and accessions thereto now owned of hereafter acquired and proceeds thereof Midwest Generation, LLC GFC Leasing a Division of Xxxxxx X. Xxxxxx Co, Inc. Illinios Secretary of State UCC-1 Filed 1/5/04 8057966 MSK09386 Color IR C3200 Copier Edison Mission Midwest Holdings Co.—Delaware Secretary of State (UCC/Fed. Tax Lien) Edison Mission Midwest Holdings, Co. Citibank, NA, as Depositary Agent for the benefit of the Cashflow Recapture Secured Parties Delaware Secretary of State UCC-1 Filed 12/27/99 9969384 Cashflow Recapture Fund established pursuant to Collateral Agency and Intercreditor Agreement, dated December 15, 1999 (re Xxxxxxx) Edison Mission Midwest Holdings, Co. Citibank, NA, as Holdings Collateral Agent Delaware Secretary of State UCC-1 Filed 12/27/99 9969433 Membership interest in Midwest Generation, LLC Edison Mission Overseas Co.—Delaware Secretary of State (UCC/Fed. Tax Lien) Edison Mission Overseas Co. Citibank, NA, as Holdings Collateral Agent Delaware Secretary of State UCC-1 Filed 12/27/99 9969431 EMOC Acquisition Notes; Subordinated Loan Agreement and related Promissory Notes; Subordinated Revolving Loan Agreement and related promissory notes Midwest Generation EME, LLC—Delaware Secretary of State (UCC/Fed. Tax Lien) Midwest Generation EME, LLC Citibank, NA, as Holdings Collateral Agent Delaware Secretary of State UCC-1 Filed 12/27/99 9969416 Shares in Edison Mission Midwest Holdings Co. and membership interest in Xxxxxxx Holdings EME, LLC (Financing Statement has MGE's address in Chicago, Illinois) Midwest Generation EME, LLC Citibank, NA Delaware Secretary of State UCC-1 Filed 12/27/99 9969421 Shares in Edison Mission Midwest Holdings Co. and membership interest in Xxxxxxx Holdings EME, LLC (Financing Statement has MGE's address in Irvine, California) Midwest Generation EME, LLC—Illinois Secretary of State (UCC/Fed. Tax Lien) Midwest Generation EME, LLC Citibank, NA, as Holdings Collateral Agent Illinois Secretary of State UCC-1 Filed 1/6/00 9139983 Shares in Edison Mission Midwest Holdings Co. and membership interest in Xxxxxxx Holdings EME, LLC Midwest Generation EME, LLC Comark Capital Leasing Services Illinois Secretary of State UCC-1 Filed 4/8/03 6823408 Office equipment and products, computers, security systems and other commercial items of equipment Edison Mission Marketing & Trading, Inc.—Massachusetts Secretary of the Commonwealth (UCC) Edison Mission Marketing & Trading, Inc. Midwest Generation, LLC Massachusetts Secretary of the Commonwealth UCC-1 Filed 3/18/03 200319073120 All of Debtor's right, title and interest in, to and under the EEI Master Power Purchase and Sale Agreement (between DTE Energy Trading, Inc. and Debtor) and related collateral documents Edison Mission Marketing & Trading, Inc. American Express Business Finance Massachusetts Secretary of the Commonwealth UCC-1 Filed 12/03/03 200325781800 Specified equipment acquired by lease (RICOH 2045, 1022, 1013) Edison Mission Marketing & Trading, Inc.—California Secretary of State (UCC/Fed. Tax Lien) Edison Mission Marketing & Trading, Inc. CL Power Sales Eight, LLC California Secretary of State UCC-1 File 8/31/00 00244560721 All of debtor's right, title, interest in the Power Supply Agreement, dated as of March 24, 1999, between Debtor and NRG Marketing, Inc. and the Guarantee and Support Agreement, dated as of March 24, 1999, provided by NRG Energy, Inc. for the benefit of Debtor. Edison Mission Marketing & Trading, Inc. EME Homer City Generation, LP California Secretary of State UCC-1 Filed 10/19/02 02324660064 All of Debtor's right, title and interest in the Emissions Allowances and any other assets held by debtor in the Xxxxx ~~Title: Chief~~ City Hedge Portfolio. Edison Mission Marketing & Trading, Inc. Midwest Generation, LLC California Secretary of State UCC-1 Filed 3/12/03 0307760853 All of Debtor's right, title, and interest, whether now owned or at any time hereafter acquired in, to and under the EEI Master Power Purchase and Sale Agreement and related collateral documents. Edison Mission Energy—California Secretary of State (UCC/Fed. Tax Lien) Edison Mission Energy Xxxxx Fargo Financial ~~Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART~~ Leasing, Inc. ~~By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition~~California Secretary of State UCC-1 Filed 12/11/02 0000000000 Eg, ~~Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank~~digital color copier, ~~National Association~~MFP, as Digital Imaging System with Print As Lease Indenture Trustee ~~By: Name: Xxxxxxx X. Xxxxxxxx Title: Vice President Exhibit A~~ under the Indenture Trust, Mortgage and Security Agreement (T1) As Lease Indenture Trustee under the Indenture Trust, Mortgage and Security Agreement (T1) Amended UCC-3 statement sent via Federal Express to Illinois Secretary of State on April 23, 2004. Amended UCC-3 statement sent via Federal Express to Illinois Secretary of State on April 23, 2004. [Face of Note] THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING OF SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIPCUSIP ISIN

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Samples: Indenture (Midwest Generation LLC)

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Samples: Covad Communications Group Inc

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Samples: Indenture (Sunoco LP)

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Samples: Victory Finance Inc

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Samples: Indenture (Sunoco LP)

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Samples: Indenture (Services International LLC)

Table of Contents, Headings, etc. The Table of Contents, ~~Cross-Reference~~ 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~~ 97 Dated as of ~~[ ] [ ]~~March 26, ~~2008 FiberTower Corporation~~ 2015 SIGNATURES SENSATA TECHNOLOGIES B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: ~~Chief Financial Officer FiberTower Network Services Corp.~~ Attorney in fact [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES, INC. By: /s/ Xxxxxxx Xxxx Name: ~~Xxxxxx X. Xxxxx~~ Xxxxxxx Xxxx Title: Chief ~~Financial~~ Operating Officer ~~FiberTower Solutions Corporation~~ [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES MASSACHUSETTS, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Xxxxxxx Xxxx Title: Chief Financial Officer [~~NAME OF NEW FCC LICENSE SUB~~Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES U.S., LLC By: ~~Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association, as Trustee By:~~ /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES U.S. II, LLC By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES BERMUDA LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Director [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES HOLDING COMPANY US B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES HOLDING COMPANY MEXICO B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES US COÖPERATIEF U.A. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES DE MÉXICO, S. DE X.X. DE C.V. By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Attorney-in-Fact [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES JAPAN LIMITED By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Representative Director [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES BULGARIA EOOD (formerly known as SENSOR‑NITE INDUSTRIAL EOOD) By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page - Sensata Technologies B.V. - Indenture] SENSOR‑NITE NV By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page - Sensata Technologies B.V. - Indenture] Signed by Xxxxxx Xxxxxxxx (name of director) for and on behalf of /s/ Xxxxxx Xxxxxxxx ST XXXXXXXX HOLDING COMPANY UK LIMITED Director [Signature Page - Sensata Technologies B.V. - Indenture] ST AUGUST LUX COMPANY S.À X.X., Société à responsabilité limitée Registered office: 6D, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 25,000 R.C.S. Luxembourg: B 192229 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page - Sensata Technologies B.V. - Indenture] ST AUGUST LUX INTERMEDIATE HOLDCO S.À X.X., Société à responsabilité limitée Registered office: 6D, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 25,000 R.C.S. Luxembourg: B 192214 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page - Sensata Technologies B.V. - Indenture] AUGUST LUX HOLDING COMPANY, Société à responsabilité limitée Registered office: 6D, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 16,376 R.C.S. Luxembourg: B 167704 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page - Sensata Technologies B.V. - Indenture] AUGUST BRAZIL HOLDING COMPANY Société à responsabilité limitée Registered office: 6D, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 16,375 R.C.S. Luxembourg: B 168084 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page - Sensata Technologies B.V. - Indenture] AUGUST LUXUK HOLDING COMPANY, Société à responsabilité limitée Registered office: 6D, xxxxx xx Xxxxx, X-0000 Xxxxxxxxxxxxx Grand-Duchy of Luxembourg Share capital: USD 16,375 R.C.S. Luxembourg: B 167757 as Guarantor By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Manager (Class A) [Signature Page - Sensata Technologies B.V. - Indenture] AUGUST FRANCE HOLDING COMPANY S.A.S. By: /s/ Xxxx-Xxxxxx Xxxxxxx Name: Xxxx-Xxxxxx Xxxxxxx Title: Chairman [Signature Page - Sensata Technologies B.V. - Indenture] SENSATA TECHNOLOGIES FRANCE S.A.S. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature Page - Sensata Technologies B.V. - Indenture] GIVEN under the Common Seal of SENSATA FINANCE IRELAND LIMITED and DELIVERED as a DEED: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx /s/ Xxxx XxXxxx Xxxx XxXxxx [Signature Page - Sensata Technologies B.V. - Indenture] Signed by Xxxxxx Xxxxxxxx (name of director) for and on behalf of /s/ Xxxxxx Xxxxxxxx AUGUST UK HOLDCO LIMITED Director [Signature Page - Sensata Technologies B.V. - Indenture] THE BANK OF NEW YORK MELLON, as Trustee, Registrar and Paying Agent By: /s/ Xxxx X. ~~Xxxxxxxx~~ Xxxxxxx, Xx. Name: Xxxx X. Xxxxxxx, Xx. Title: Vice President ~~Exhibit~~ [Signature Page - Sensata Technologies B.V. - Indenture] EXHIBIT A [Face of Note] ~~THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ [Insert legends required by the Indenture] [Insert as appropriate: 144A CUSIP No.: 00000XXX0 144A ISIN: US81725WAJ27 Reg S CUSIP No.: X00000XX0 Reg S ISIN: USN78840AL45] 5.000% Senior Notes due 2025 No. [A][S]‑[●] $ SENSATA TECHNOLOGIES B.V. promise to pay to CEDE & CO. or registered assigns, the principal sum of __________________ DOLLARS [if the Note is a Global Note, add the following: (as revised by the Schedule of Increases and Decreases in Global Note, attached hereto)] on October 1, 2025. Interest Payment Dates: April 1 and October 1, commencing October 1, 2015. Additional provisions of this Note are set forth on the other side of this Note. Record Dates: March 15 and September 15. Dated: [•] SENSATA TECHNOLOGIES B.V. By: Name: Title Dated: Dated: This is one of the Notes referred to in the within‑mentioned Indenture: THE ~~MEANING~~ BANK OF ~~SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~NEW YORK MELLON, AS AMENDED, AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIPas Trustee By: Authorized Signatory [Reverse of Note] 5.000% Senior Notes due 2025 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.

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Samples: Supplemental Indenture (Sensata Technologies Holding N.V.)

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Samples: Supplemental Indenture (CyrusOne Inc.)

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Samples: Corrections Corp of America

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Samples: Indenture (Oshkosh Truck Corp)

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Samples: Supplemental Indenture (CyrusOne Inc.)

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Samples: Indenture (Texas Industries Inc)

Appears in 1 contract

Samples: Indenture (Sensata Technologies Holding PLC)

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 ~~[ ] [ ]~~the date first written above. HXXXX ENERGY PARTNERS, ~~2008 FiberTower Corporation~~ L.P. By: HEP Logistic Holdings, L.P., its general partner By: Hxxxx Logistic Services, L.L.C., its general partner By: /s/ Sxxxxxx XxXxxxxxx Name: ~~Xxxxxx~~ Sxxxxxx XxXxxxxxx Title : Vice President and Chief Financial Officer HXXXX ENERGY FINANCE CORP. By: /s/ Sxxxxxx XxXxxxxxx Name: Sxxxxxx XxXxxxxxx Title: Vice President and Chief Financial Officer GUARANTORS: HEP LOGISTICS GP, L.L.C., a Delaware limited liability company By: Hxxxx Energy Partners, L.P., a Delaware limited partnership, its Sole Member By: HEP Logistics Holdings, L.P., a Delaware limited partnership, its General Partner By: Hxxxx Logistic Services, L.L.C., a Delaware limited liability company, its General Partner By: /s/ Sxxxxxx XxXxxxxxx Name: Sxxxxxx XxXxxxxxx Title: Vice President and Chief Financial Officer HXXXX ENERGY PARTNERS-OPERATING, L.P., a Delaware limited partnership By: HEP Logistics GP, L.L.C., a Delaware limited liability company, its General Partner By: Hxxxx Energy Partners, L.P., a Delaware limited partnership, its Sole Member By: HEP Logistics Holdings, L.P., a Delaware limited partnership, its General Partner By: Hxxxx Logistic Services, L.L.C., a Delaware limited liability company, its General Partner By: /s/ Sxxxxxx XxXxxxxxx Name: Sxxxxxx XxXxxxxxx Title: Vice President and Chief Financial Officer HEP PIPELINE GP, L.L.C., a Delaware limited liability company HEP REFINING GP, L.L.C., a Delaware limited liability company HEP MOUNTAIN HOME, L.L.C., a Delaware limited liability company HEP PIPELINE, L.L.C., a Delaware limited liability company HEP REFINING, L.L.C., a Delaware limited liability company HEP WXXXX CROSS, L.L.C., a Delaware limited liability company Each by: Hxxxx Energy Partners — Operating, L.P., a Delaware limited partnership and its Sole Member By: HEP Logistics GP, L.L.C., a Delaware limited liability company, its General Partner By: Hxxxx Energy Partners, L.P., a Delaware limited partnership, its Sole Member By: HEP Logistics Holdings, L.P., a Delaware limited partnership, its General Partner By: Hxxxx Logistic Services, L.L.C., a Delaware limited liability company, its General Partner By: /s/ Sxxxxxx XxXxxxxxx Name: Sxxxxxx XxXxxxxxx Title: Vice President and Chief Financial Officer HEP NAVAJO SOUTHERN, L.P., a Delaware limited partnership HEP PIPELINE ASSETS, LIMITED PARTNERSHIP, a Delaware limited partnership Each by: HEP Pipeline GP, L.L.C., a Delaware limited liability company and its General Partner By: Hxxxx Energy Partners — Operating, L.P., a Delaware limited partnership, its Sole Member By: HEP Logistics GP, L.L.C., a Delaware limited liability company, its General Partner By: Hxxxx Energy Partners, L.P., a Delaware limited partnership, its Sole Member By: HEP Logistics Holdings, L.P., a Delaware limited partnership, its General Partner By: Hxxxx Logistic Services, L.L.C., a Delaware limited liability company, its General Partner By: /s/ Sxxxxxx XxXxxxxxx Name: Sxxxxxx XxXxxxxxx Title: Vice President and Chief Financial Officer HEP REFINING ASSETS, L.P., a Delaware limited partnership By: HEP Refining GP, L.L.C., a Delaware limited liability company and its General Partner By: Hxxxx Energy Partners — Operating, L.P., a Delaware limited partnership, its Sole Member By: HEP Logistics GP, L.L.C., a Delaware limited liability company, its General Partner By: Hxxxx Energy Partners, L.P., a Delaware limited partnership, its Sole Member By: HEP Logistics Holdings, L.P., a Delaware limited partnership, its General Partner By: Hxxxx Logistic Services, L.L.C., a Delaware limited liability company, its General Partner By: /s/ Sxxxxxx XxXxxxxxx Name: Sxxxxxx XxXxxxxxx Title: Vice President and Chief Financial Officer U.S. BANK NATIONAL ASSOCIATION By: /s/ Axxx X. Xxxxx Name: Axxx X. Xxxxx Title: Chief Financial Officer FiberTower Network Services Corp. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association, as Trustee By: Name: Xxxxxxx X. Xxxxxxxx Title: Vice President ~~Exhibit~~ EXHIBIT A [Face of Note] ~~THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING OF SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~CUSIP/CINS 435765AA01 6-1/4% Senior Notes due 2015 No. ___ $___ HXXXX ENERGY PARTNERS, ~~AS AMENDED~~L.P. and HXXXX ENERGY FINANCE CORP. promises to pay to , ~~AND THE TREASURY REGULATIONS THEREUNDER~~or registered assigns, the principal sum of DOLLARS on March 1, 2015. ~~CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415~~Interest Payment Dates: March 1 and September 1 Record Dates: February 15 and August 15 Dated: , 20__ HXXXX ENERGY PARTNERS, L.P. By: HEP Logistic Holdings, L.P., its general partner By: Hxxxx Logistic Services, L.L.C., its general partner By: Name: Title: HXXXX ENERGY FINANCE CORP. By: Name: This is one of the Notes referred to in the within-~~659~~mentioned Indenture: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Authorized Signatory 1 The CUSIP No. is U0000XXX0 for the Regulation S Note [Back of Note] 6-~~3500 FOR THE ISSUE PRICE~~1/4% Senior Notes due 2015 [Insert the Global Note Legend, ~~THE AMOUNT OF ORIGINAL ISSUE DISCOUNT~~if applicable pursuant to the provisions of the Indenture] [Insert the Private Placement Legend, ~~THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP~~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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Samples: Holly Energy Partners Lp

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Samples: Indenture (Symbion Inc/Tn)

Table of Contents, Headings, etc. The Table of Contents, ~~Cross-Reference~~ 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~~ Signed by Xxxxxxx Xxxx (name of [ director) for and on behalf of /s/ Xxxxxxx Xxxx SENSATA TECHNOLOGIES UK FINANCING CO. PLC Director [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] ~~[ ], 2008 FiberTower Corporation~~ SENSATA TECHNOLOGIES B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: ~~Chief Financial Officer FiberTower Network Services Corp.~~ Attorney in fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] CDI NETHERLANDS B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: ~~Chief Financial Officer FiberTower Solutions Corporation~~ Attorney in fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Chief Operating Officer [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES HOLLAND B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: ~~Chief Financial Officer ART Leasing Corporation~~ Attorney in fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES MASSACHUSETTS, INC. By: /s/ Xxxxxxx Xxxx Name: ~~Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx~~ Xxxxxxx Xxxx Title: Chief Financial Officer [~~NAME OF NEW FCC LICENSE SUB~~Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES U.S., LLC By: ~~Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association, as Trustee By:~~ /s/ Xxxxxxx Xxxx Name: Xxxxxxx X. Xxxx Title: Director [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES U.S. II, LLC By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES BERMUDA LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Director [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES HOLDING COMPANY US B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES HOLDING COMPANY MEXICO B.V. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES US COÖPERATIEF U.A. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES DE MÉXICO, S. DE X.X. DE C.V. By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Attorney-in-Fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES JAPAN LIMITED By: /s/ Xxxxxxxx Xx Name: Xxxxxxxx Xx Title: Representative Director [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES BULGARIA EOOD By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSOR‑NITE NV By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Attorney in fact [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] Signed by Xxxxxx Xxxxxxxx (name of director) for and on behalf of /s/ Xxxxxx Xxxxxxxx ST XXXXXXXX HOLDING COMPANY UK LIMITED Director [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] ST AUGUST LUX COMPANY S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 25,000 R.C.S. Luxembourg: B 192229 as Guarantor By: /s/ Dylan Davies________________________ Name: Xxxxx Xxxxxx Title: Manager [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] ST AUGUST LUX INTERMEDIATE HOLDCO S.À X.X., Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 25,000 R.C.S. Luxembourg: B 192214 as Guarantor By:/s/ Dylan Davies________________________ Name: Xxxxx Xxxxxx Title: Manager [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] AUGUST LUX HOLDING COMPANY, Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 16,376 R.C.S. Luxembourg: B 167704 as Guarantor By:/s/ Dylan Davies________________________ Name: Xxxxx Xxxxxx Title: Manager [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] AUGUST BRAZIL HOLDING COMPANY, Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxxx, L-2633 Senningerberg Grand-Duchy of Luxembourg Share capital: USD 16,375 R.C.S. Luxembourg: B 168084 as Guarantor By:/s/ Dylan Davies_______________________ Name: Xxxxx Xxxxxx Title: Manager [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] AUGUST LUXUK HOLDING COMPANY, Société à responsabilité limitée Registered office: 0X, xxxxx xx Xxxxx, X-0000 Xxxxxxxxxxxxx Grand-Duchy of Luxembourg Share capital: USD 16,375 R.C.S. Luxembourg: B 167757 as Guarantor By:/s/ Dylan Davies_______________________ Name: Xxxxx Xxxxxx Title: Manager [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] AUGUST FRANCE HOLDING COMPANY S.A.S. By: /s/ Xxxx-Xxxxxx Bolmont Name: Xxxx-Xxxxxx Bolmont Title: President [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SENSATA TECHNOLOGIES FRANCE S.A.S. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: President [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SIGNED AND DELIVERED as a DEED for and on behalf of SENSATA FINANCE IRELAND LIMITED by its lawfully appointed attorney: /s/ Graeme Thompson_________ Name: Xxxxxx Xxxxxxxx Title: Attorney in the presence of:- /s/ Xxxxxx Johnston_____________ Signature of Witness Solicitor_____________________ Occupation of Witness North Wall Quay Dublin 1______ Address of Witness [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] SIGNED AND DELIVERED as a DEED for and on behalf of SENSATA FINANCE IRELAND II LIMITED by its lawfully appointed attorney: /s/ Graeme Thompson_________ Name: Xxxxxx Xxxxxxxx Title: Attorney in the presence of:- /s/ Xxxxxx Johnston_____________ Signature of Witness Solicitor_____________________ Occupation of Witness North Wall Quay Dublin 1______ Address of Witness [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] Signed by Xxxxxx Xxxxxxxx (name of director) for and on behalf of /s/ Xxxxxx Xxxxxxxx AUGUST UK HOLDCO LIMITED Director [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] STI HOLDCO, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] THE BANK OF NEW YORK MELLON, as Trustee, Registrar and Paying Agent By: /s/ Xxxxxx Xxxxxxxxxxxx Name: Xxxxxx Xxxxxxxxxxxx Title: Vice President ~~Exhibit~~ [Signature page ‑ Sensata Technologies UK Financing Co. plc - Indenture] EXHIBIT A [Face of Note] ~~THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ [Insert legends required by the Indenture] A‑1 [Insert as appropriate: 144A CUSIP No.: 81727T AA6 144A ISIN: US81727TAA60 Reg S CUSIP No.: G8060Y AA6 Reg S ISIN: USG8060YAA67] 6.250% Senior Notes due 2026 No. [A][S]‑[●] $ SENSATA TECHNOLOGIES UK FINANCING CO. PLC promises to pay to CEDE & CO. or registered assigns, the principal sum of __________________ DOLLARS [if the Note is a Global Note, add the following: (as revised by the Schedule of Increases and Decreases in Global Note, attached hereto)] on February 15, 2026. Interest Payment Dates: February 15 and August 15, commencing February 15, 2016. Additional provisions of this Note are set forth on the other side of this Note. Record Dates: February 1 and August 1. Dated: November 27, 2015 Signed by ______________ (name of director) for and on behalf of ________________________ SENSATA TECHNOLOGIES UK FINANCING CO. PLC Director Dated: Dated: This is one of the Notes referred to in the within‑mentioned Indenture: THE ~~MEANING~~ BANK OF ~~SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~NEW YORK MELLON, AS AMENDED, AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIPas Trustee By: Authorized Signatory A‑4 [Reverse of Note] 6.250% Senior Notes due 2026 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.

Appears in 1 contract

Samples: Supplemental Indenture (Sensata Technologies Holding N.V.)

Appears in 1 contract

Samples: Intercreditor Agreement (FiberTower CORP)

Appears in 1 contract

Samples: Biltmore Surgery Center Holdings 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~~ will in no way modify or restrict any of the terms or provisions hereof. SIGNATURES Dated as of ~~[ ] [ ]~~June 13, ~~2008 FiberTower Corporation~~ 2007 W&T OFFSHORE, INC. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Senior Vice President and Chief Financial Officer GULF OF MEXICO OIL AND GAS PROPERTIES LLC OFFSHORE ENERGY I LLC OFFSHORE ENERGY II LLC OFFSHORE ENERGY III LLC OFFSHORE SHELF LLC W&T ENERGY VI, LLC W&T ENERGY VII, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. ~~Xxxxx~~ Xxxxxx Title: Chief Financial Officer FiberTower Network Services Corp. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART LeasingAuthorized Representative XXXXX FARGO BANK, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National AssociationNATIONAL ASSOCIATION, as Trustee By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President ~~Exhibit~~ EXHIBIT A [Face of Note] CUSIP: [ ] ISIN: [ ] 8.25% Senior Notes due 2014 No. $[ ] W&T OFFSHORE, INC. promises to pay to [ ] or registered assigns, the principal sum of DOLLARS on June 15, 2014. Interest Payment Dates: June 15 and December 15 Record Dates: June 1 and December 1 Dated: June 13, 2007 W&T OFFSHORE, INC. By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: Authorized Signatory [Back of Note] 8.25% Senior Notes due 2014 [THIS ~~DEBT INSTRUMENT~~ 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 XXXXX XXXXXX, XXX XXXX, XXX XXXX) (“DTC”), 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 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. [Insert the Global Note Legend, if applicable pursuant to the provisions of the Indenture]] THIS NOTE HAS NOT BEEN ~~ISSUED WITH ORIGINAL ISSUE DISCOUNT~~ REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND ACCORDINGLY, MAY NOT BE OFFERED OR SOLD WITHIN THE ~~MEANING~~ UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, UNITED STATES PERSONS EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF, THE HOLDER (1) REPRESENTS THAT (A) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) OR (B) IT IS NOT A UNITED STATES 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 ~~SECTION 1273~~ REGULATION D UNDER THE SECURITIES ACT) (AN “INSTITUTIONAL ACCREDITED INVESTOR”), (2) AGREES THAT IT WILL NOT, WITHIN THE TIME PERIOD REFERRED TO UNDER RULE 144(k) UNDER THE SECURITIES ACT AFTER THE ORIGINAL ISSUANCE OF THESE NOTES, RESELL OR OTHERWISE TRANSFER THIS NOTE EXCEPT (A) TO THE COMPANY OR ANY SUBSIDIARY THEREOF, (B) TO A QUALIFIED INSTITUTIONAL BUYER 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 SECURITIES ACT, (D) PURSUANT TO THE EXEMPTION FROM REGISTRATION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT (IF AVAILABLE), (E) INSIDE THE UNITED STATES TO AN INSTITUTIONAL ACCREDITED INVESTOR THAT, PRIOR TO SUCH TRANSFER, FURNISHES TO THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE RESTRICTIONS ON 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 OF LESS THAN $100,000 AN OPINION OF COUNSEL ACCEPTABLE TO THE COMPANY THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT OR (F) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ~~INTERNAL REVENUE CODE~~ SECURITIES ACT (AND BASED UPON AN OPINION OF ~~1986~~COUNSEL ACCEPTABLE TO THE COMPANY) AND (3) AGREES THAT IT WILL DELIVER TO EACH PERSON TO WHOM THIS NOTE IS TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS LEGEND. IN CONNECTION WITH ANY TRANSFER OF THIS NOTE WITHIN THE TIME PERIOD REFERRED TO IN RULE 144(k) OF THE SECURITIES ACT AFTER THE ORIGINAL ISSUANCE OF THESE NOTES, ~~AS AMENDED~~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. IF THE PROPOSED TRANSFEREE IS AN INSTITUTIONAL ACCREDITED INVESTOR, THE HOLDER MUST, PRIOR TO SUCH TRANSFER, FURNISH TO THE TRUSTEE AND THE ~~TREASURY REGULATIONS THEREUNDER. CONTACT~~ COMPANY SUCH CERTIFICATIONS, LEGAL OPINIONS OR OTHER INFORMATION AS EITHER OF THEM MAY REASONABLY REQUIRE TO CONFIRM THAT SUCH TRANSFER IS BEING MADE PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE ~~CHIEF FINANCIAL OFFICER~~ REGISTRATION REQUIREMENTS OF THE ~~ISSUER AT 415-659-3500 FOR THE ISSUE PRICE~~SECURITIES ACT. AS USED HEREIN, THE ~~AMOUNT OF ORIGINAL ISSUE DISCOUNT,~~ TERMS “OFFSHORE TRANSACTION,” “UNITED STATES” AND “UNITED STATES PERSON” HAVE THE ~~ISSUE DATE AND~~ MEANINGS GIVEN TO THEM BY REGULATION S UNDER THE ~~YIELD~~ SECURITIES ACT. THE INDENTURE CONTAINS A PROVISION REQUIRING THE TRUSTEE TO ~~MATURITY~~ REFUSE TO REGISTER ANY TRANSFER OF THIS ~~DEBT INSTRUMENT~~NOTE IN VIOLATION OF THE FOREGOING RESTRICTIONS. ~~CUSIP~~[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: Supplemental Indenture (W&t Offshore Inc)

Appears in 1 contract

Samples: Intercreditor Agreement (FiberTower CORP)

Appears in 1 contract

Samples: Indenture (Eldorado Resorts 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 ~~[ ] [ ]~~January 26, ~~2008 FiberTower Corporation~~ 2011 SIGNATURES VANGUARD HEALTH HOLDING COMPANY II, LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. 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 EXHIBIT Al 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. A1-1 CUSIP/ISIN 7.750% Notes due 2019 No. ____ $_____________ VANGUARD HEALTH HOLDING COMPANY II, LLC and VANGUARD HOLDING COMPANY II, INC. promise to pay to CEDE & CO. or registered assigns, the principal sum of $_______________ DOLLARS on February 1, 2019. Interest Payment Dates: February 1 and August 1 Record Dates: January 15 and July 15 Dated: January 26, 2011 VANGUARD HEALTH HOLDING COMPANY II, LLC By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer FiberTower Network Services Corp.~~ VANGUARD HOLDING COMPANY II, INC. By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer FiberTower Solutions Corporation By~~This is one of the Notes referred to in the within-mentioned Indenture: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, U.S. Bank National Association, as Trustee By: ~~Name: Xxxxxxx X. Xxxxxxxx Title: Vice President Exhibit A~~ Authorized Signatory [~~Face~~ Back of Note] THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING OF SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP7.750% Senior Notes due 2019 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.

Appears in 1 contract

Samples: Supplemental Indenture (Vanguard Health Systems Inc)

Table of Contents, Headings, etc. The Table of ~~Contents, Cross-Reference Table~~ Contents and Headings ~~of the Articles and Sections of~~ in this Supplemental 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 ~~[ ] [ ]~~January 24, ~~2008 FiberTower Corporation~~ 2007 ISSUER: PILGRIM’S PRIDE CORPORATION By: /s/ Xxxxxxx X. Xxxxxxx Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxx Title: Chief Financial Officer FiberTower Network Services Corp. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART LeasingExecutive Vice President, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer~~] Xxxxx Fargo Bank~~, ~~National Association~~Secretary and Treasurer TRUSTEE: XXXXX FARGO BANK, ~~as Trustee~~ NATIONAL ASSOCIATION By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President ~~Exhibit~~ EXHIBIT A [~~Face~~ FORM OF FACE OF NOTE] No. $ CUSIP No. 721467 AE 8 7 5/8% Senior Note Due May 1, 2015 Pilgrim’s Pride Corporation, a Delaware corporation, promises to pay to CEDE & CO., or registered assigns, the principal sum of [ ] Dollars ($ ) on May 1, 2015. Interest Payment Dates: May 1 and November 1. Record Dates: April 15 and October 15. Additional provisions of this Note are set forth on the other side of this Note. PILGRIM’S PRIDE CORPORATION By: Name: Title: Dated: January 24, 2007 TRUSTEE’S CERTIFICATE OF AUTHENTICATION XXXXX FARGO BANK, NATIONAL ASSOCIATION as Trustee, certifies that this is one of the [Global] Notes referred to in the within mentioned Indenture. By: Authorized Signatory [GLOBAL NOTE LEGEND] THIS ~~DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ GLOBAL NOTE IS HELD BY THE ~~MEANING OF SECTION 1273~~ DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE ~~INTERNAL REVENUE CODE OF 1986, AS AMENDED~~BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE ~~TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER~~ TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 3.06 OF THE ~~ISSUER AT 415-659-3500~~ INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 3.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 3.11 OF THE ~~ISSUE PRICE~~INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY. UNLESS THIS NOTE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), TO THE ~~AMOUNT~~ COMPANY OR ITS AGENT FOR REGISTRATION OF ~~ORIGINAL ISSUE DISCOUNT~~TRANSFER, EXCHANGE OR PAYMENT, AND ANY NOTE ISSUED IS REGISTERED IN THE ~~ISSUE DATE~~ 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 ~~YIELD TO MATURITY~~ REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. [FORM OF ~~THIS DEBT INSTRUMENT. CUSIP~~REVERSE SIDE OF NOTE] 7 5/8% Senior Notes Due May 1, 2015

Appears in 1 contract

Samples: Pilgrims Pride Corp

Appears in 1 contract

Samples: Supplemental Indenture (LPL Investment Holdings Inc.)

Appears in 1 contract

Samples: Indenture (Solera Holdings, 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 10, ~~2008 FiberTower Corporation~~ 2005 Very truly yours, AMR HOLDCO, INC. By: /s/ Xxxxxxx X. Xxxxxx ---------------------------------- Name: Xxxxxxx X. Xxxxxx Title: Chief Executive Officer EMCARE HOLDCO, INC. By: /s/ Xxxxxxx X. Xxxxxx ---------------------------------- Name: Xxxxxxx X. Xxxxxx Title: Chief Executive Officer EMERGENCY MEDICAL SERVICES L.P. By: Emergency Medical Services Corporation, its general partner By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------- Name: Xxxxxxx X. Xxxxxx Title: Chairman and Chief Executive Officer AMERICAN MEDICAL RESPONSE, INC. HANK'S ACQUISITION CORP. FOUNTAIN AMBULANCE SERVICE, INC. MEDLIFE EMERGENCY MEDICAL SERVICE, INC. AMERICAN MEDICAL RESPONSE NORTHWEST, INC. AMERICAN MEDICAL RESPONSE WEST METROPOLITAN AMBULANCE SERVICE AMERICAN MEDICAL RESPONSE OF INLAND EMPIRE DESERT VALLEY MEDICAL TRANSPORT, INC. SPRINGS AMBULANCE SERVICE, INC. AMERICAN MEDICAL RESPONSE OF COLORADO, INC. INTERNATIONAL LIFE SUPPORT, INC. MEDEVAC MIDAMERICA, INC. MEDEVAC MEDICAL RESPONSE, INC. AMERICAN MEDICAL RESPONSE OF OKLAHOMA, INC. AMERICAN MEDICAL RESPONSE OF TEXAS, INC. XXXX AMBULANCE SERVICE, INC. AMERICAN MEDICAL RESPONSE HOLDINGS, INC. AMERICAN MEDICAL RESPONSE MANAGEMENT, INC. A1 LEASING, INC. FLORIDA EMERGENCY PARTNERS, INC. MOBILE MEDIC AMBULANCE SERVICE, INC. METRO AMBULANCE SERVICE, INC. METRO AMBULANCE SERVICE (RURAL), INC. MEDIC ONE AMBULANCE SERVICES, INC. AMERICAN MEDICAL RESPONSE OF SOUTH CAROLINA, INC. AMERICAN MEDICAL RESPONSE OF NORTH CAROLINA, INC. AMERICAN MEDICAL RESPONSE OF GEORGIA, INC. XXXXX COUNTY EMERGENCY MEDICAL SERVICES, INC. XXXXXX EASTERN AMBULANCE SERVICE, INC. MEDI-CAR SYSTEMS, INC. MEDI-CAR AMBULANCE SERVICE, INC. AMERICAN MEDICAL RESPONSE OF TENNESSEE, INC. PHYSICIANS & SURGEONS AMBULANCE SERVICE, INC. AMERICAN MEDICAL RESPONSE OF ILLINOIS, INC. MIDWEST AMBULANCE MANAGEMENT COMPANY PARAMED, INC. MERCY AMBULANCE OF EVANSVILLE, INC. TIDEWATER AMBULANCE SERVICE, INC. AMERICAN MEDICAL RESPONSE OF CONNECTICUT, INCORPORATED AMERICAN MEDICAL RESPONSE OF MASSACHUSETTS, INC. AMERICAN MEDICAL RESPONSE MID-ATLANTIC, INC. AMBULANCE ACQUISITION, INC. METRO AMBULANCE SERVICES, INC. BROWARD AMBULANCE, INC. ATLANTIC AMBULANCE SERVICES ACQUISITION, INC. ATLANTIC/KEY WEST AMBULANCE, INC. ATLANTIC/PALM BEACH AMBULANCE, INC. SEMINOLE COUNTY AMBULANCE, INC. LIFEFLEET SOUTHEAST, INC. AMERICAN MEDICAL PATHWAYS, INC. XXXX TRANSPORTATION SERVICE, INC. ASSOCIATED AMBULANCE SERVICE, INC. PARK AMBULANCE SERVICE INC. FIVE COUNTIES AMBULANCE SERVICE, INC. SUNRISE HANDICAP TRANSPORT CORP. STAT HEALTHCARE, INC. XXXXXXX MEDICAL TRANSPORTATION, INC. MERCY, INC. AMERICAN INVESTMENT ENTERPRISES, INC. LIFECARE AMBULANCE SERVICE, INC. TEK, INC. MERCY LIFE CARE HEMET VALLEY AMBULANCE SERVICE, INC. AMERICAN MEDICAL RESPONSE OF SOUTHERN CALIFORNIA MEDIC ONE OF XXXX, INC. XXXXXXX AMBULANCE SERVICE, INC. AMERICAN MEDICAL RESPONSE DELAWARE VALLEY, LLC By: American Medical Response Mid-Atlantic, Inc., its sole member REGIONAL EMERGENCY SERVICES, LP By: Florida Emergency Partners, Inc., its general partner PROVIDACARE, L.L.C. By: American Medical Pathways, Inc., its sole member By: /s/ Xxxxxx X. Xxxx --------------------------------- Name: Xxxxxx X. ~~Xxxxx~~ Xxxx Title: ~~Chief Financial Officer FiberTower Network Services Corp.~~ Vice President EMCARE HOLDINGS INC. EMCARE, INC. EMCARE OF ALABAMA, INC. EMCARE CONTRACT OF ARKANSAS, INC. EMCARE OF ARIZONA, INC. EMCARE OF CALIFORNIA, INC. EMCARE OF COLORADO, INC. EMCARE OF CONNECTICUT, INC. EMCARE OF FLORIDA, INC. EMCARE OF GEORGIA, INC. EMCARE OF HAWAII, INC. EMCARE OF INDIANA, INC. EMCARE OF IOWA, INC. EMCARE OF KENTUCKY, INC. EMCARE OF LOUISIANA, INC. EMCARE OF MAINE, INC. EMCARE OF MICHIGAN, INC. EMCARE OF MINNESOTA, INC. EMCARE OF MISSISSIPPI, INC. EMCARE OF MISSOURI, INC. EMCARE OF NEVADA, INC. EMCARE OF NEW HAMPSHIRE, INC. EMCARE OF NEW JERSEY, INC. EMCARE OF NEW MEXICO, INC. EMCARE OF NEW YORK, INC. EMCARE OF NORTH CAROLINA, INC. EMCARE OF NORTH DAKOTA, INC. EMCARE OF OHIO, INC. EMCARE OF OKLAHOMA, INC. EMCARE OF OREGON, INC. EMCARE OF PENNSYLVANIA, INC. EMCARE OF RHODE ISLAND, INC. EMCARE OF SOUTH CAROLINA, INC. EMCARE OF TENNESSEE, INC. EMCARE OF TEXAS, INC. EMCARE OF VERMONT, INC. EMCARE OF VIRGINIA, INC. EMCARE OF WASHINGTON, INC. EMCARE OF WEST VIRGINIA, INC. EMCARE OF WISCONSIN, INC. EMCARE PHYSICIAN PROVIDERS, INC. EMCARE PHYSICIAN SERVICES, INC. EMCARE SERVICES OF ILLINOIS, INC. EMCARE SERVICES OF MASSACHUSETTS, INC. EMCARE ANESTHESIA SERVICES, INC. ECEP, INC. COORDINATED HEALTH SERVICES, INC. EM-CODE REIMBURSEMENT SOLUTIONS, INC. EMERGENCY MEDICINE EDUCATION SYSTEMS, INC. EMERGENCY SPECIALISTS OF ARKANSAS, INC. II FIRST MEDICAL/EMCARE, INC. HEALTHCARE ADMINISTRATIVE SERVICES, INC. OLD STAT, INC. REIMBURSEMENT TECHNOLOGIES, INC. STAT PHYSICIANS, INC. THE XXXXX GROUP, INC. TIFTON MANAGEMENT SERVICES, INC. XXXXXX EMERGENCY SERVICES, INC. HELIX PHYSICIANS MANAGEMENT, INC. XXXXXX XXXXX XXXXXX, INC. PACIFIC EMERGENCY SPECIALISTS MANAGEMENT, INC. AMERICAN EMERGENCY PHYSICIANS MANAGEMENT, INC. PHYSICIAN ACCOUNT MANAGEMENT, INC. PROVIDER ACCOUNT MANAGEMENT, INC. XXXXXXX X. XXXXXXXX, INC. EMCARE OF MARYLAND LLC, By: ~~Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Solutions Corporation~~ EmCare Holdings Inc. and EmCare, Inc., its members EMS MANAGEMENT LLC By: ~~Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation~~ AMR HoldCo, Inc. and EmCare HoldCo, Inc., its members By: ~~Name:~~ /s/ Xxxxxxx X. Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association, as Trustee By: ---------------------------------- Name: Xxxxxxx X. ~~Xxxxxxxx~~ Xxxxxx Title: ~~Vice President Exhibit~~ Chief Executive Officer U.S. BANK TRUST NATIONAL ASSOCIATION AS TRUSTEE By: /s/ Xxxxxx Xxxxxx ---------------------------------- (Authorized Signatory) EXHIBIT A [(Face of Note~~] THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING OF SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~) 10% Senior Subordinated Notes due 2015 CUSIP No. _______________ $____________ AMR HOLDCO, ~~AS AMENDED~~INC., ~~AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE~~a Delaware corporation ("AMR HoldCo") and EMCARE HOLDCO, ~~THE AMOUNT OF ORIGINAL ISSUE DISCOUNT~~INC., ~~THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP~~a Delaware corporation ("EmCare HoldCo" and, together with AMR HoldCo, the "Issuers", which term includes any successor entity) promises to pay to CEDE & CO., or registered assigns, the principal sum of ___________ Dollars on February 15, 2015 Interest Payment Dates: February 15 and August 15.

Appears in 1 contract

Samples: Emergency Medical Services CORP

Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Senior Discount Indenture have been inserted for convenience of reference only, are not to be considered a part of this Senior Discount Indenture and ~~shall~~ will in no way modify or restrict any of the terms or provisions hereof. ~~SIGNATURES~~ 113 Dated as of ~~[ ] [ ]~~September 23, ~~2008 FiberTower Corporation~~ 2004 SIGNATURES VANGUARD HEALTH HOLDING COMPANY I, LLC By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~FiberTower Network Services Corp.~~ & Treasurer VANGUARD HOLDING COMPANY I, INC. By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~FiberTower Solutions Corporation~~ & Treasurer VANGUARD HEALTH SYSTEMS, INC. By: /s/ Xxxxxx X. Xxxxx --------------------------------------- Name: Xxxxxx X. Xxxxx Title: Executive Vice President, Chief Financial Officer ~~ART Leasing Corporation~~ & Treasurer Counterpart Signature Page Senior Discount Notes Indenture Dated as of September 23, 2004 SIGNATURES U.S. Bank National Association By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association, as Trustee By: Name: /s/ Xxxxxxx X. Xxxxxxxx ~~Title: Vice President Exhibit A~~ ---------------------------------------- Authorized Signatory Counterpart Signature Page Senior Discount Notes Indenture EXHIBIT A1 [Face of Senior Discount Note] CUSIP/ISIN 11-1/4% Senior Discount Notes due 2015 No. ____ Principal Amount at Maturity $_____________ THIS ~~DEBT INSTRUMENT HAS BEEN~~ NOTE IS ISSUED WITH ORIGINAL ISSUE DISCOUNT ~~WITHIN THE MEANING~~ FOR PURPOSES OF SECTION ~~1273 OF THE~~ 0000 XX XXX. XX XXX XXXXXX XXXXXX INTERNAL REVENUE CODE OF 1986, AS AMENDED. FOR EACH $1,000 PRINCIPAL AMOUNT AT MATURITY OF THIS NOTE, ~~AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR~~ THE ISSUE ~~PRICE,~~ PRICE IS $577.13 AND THE AMOUNT OF ORIGINAL ISSUE ~~DISCOUNT,~~ DISCOUNT IS $422.87. THE ISSUE DATE OF THIS NOTE IS SEPTEMBER 23, 2004 AND THE YIELD TO MATURITY ~~OF THIS DEBT INSTRUMENT~~(COMPOUNDED SEMI-ANNUALLY) IS 11.25%. ~~CUSIP~~VANGUARD HEALTH HOLDING COMPANY I, LLC and VANGUARD HOLDING COMPANY I, INC. promise to pay to CEDE & CO. or registered assigns, the principal sum of $__________ DOLLARS on October 1, 2015.

Appears in 1 contract

Samples: VHS of Anaheim Inc

Appears in 1 contract

Samples: Indenture (CNX Midstream Partners LP)

Table of Contents, Headings, etc. The Table of Contents, Cross-Reference ~~Table~~ 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~~ Indenture, and shall in no way modify or restrict any of the terms or provisions ~~hereof~~of this Indenture. ~~SIGNATURES Dated as of [ ] [ ]~~THE COMPANY: XXXX TELEVISION, ~~2008 FiberTower Corporation~~ INC. By: /s/ Xxxxx X. Xxxx Name: ~~Xxxxxx~~ Xxxxx X. ~~Xxxxx~~ Xxxx Title: Senior Vice President and Chief Financial Officer ~~FiberTower Network Services Corp.~~ THE SUBSIDIARY GUARANTORS: XXXX TELEVISION GROUP, INC. By: /s/ Xxxxx X. Xxxx Name: ~~Xxxxxx~~ Xxxxx X. ~~Xxxxx~~ Xxxx Title: Senior Vice President, Assistant Secretary and Treasurer XXXX TELEVISION LICENSEE, LLC By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Treasurer WVLT-TV, INC. By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Vice President and Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National AssociationU.S. BANK NATIONAL ASSOCIATION, as Trustee By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx ~~X. Xxxxxxxx~~ Title: Vice President ~~Exhibit~~ Schedule 1 SUBSIDIARY GUARANTORS Company State of Incorporation Xxxx Television Group, Inc. Delaware Xxxx Television Licensee, LLC Nevada WVLT-TV, Inc. Georgia APPENDIX A ~~[Face of Note] THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING OF SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~Provisions Relating to Initial Notes, AS AMENDED, AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIPAdditional Notes and Exchange Notes

Appears in 1 contract

Samples: Supplemental Indenture (Gray Television 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 ~~[ ] [ ]~~April 27, ~~2008 FiberTower Corporation~~ 2006 SIGNATURES SENSATA TECHNOLOGIES B.V. By: /s/ M.F. Stijger Name: Amaco Management Services B.V. Title: Managing Director SENSATA TECHNOLOGIES, INC. By: /s/ Xxxxxx Xxxx, Xx. Name: Xxxxxx ~~X. Xxxxx~~ Xxxx, Xx. Title: Chief ~~Financial~~ Executive Officer ~~FiberTower Network Services Corp.~~ SENSATA TECHNOLOGIES HOLDING COMPANY U.S., B.V. By: /s/ M.F. Stijger Name: Amaco Management Services B.V. Title: Managing Director SENSATA TECHNOLOGIES HOLLAND, B.V. By: /s/ M.F. Stijger Name: Amaco Management Services B.V. Title: Managing Director SENSATA TECHNOLOGIES HOLDING COMPANY MEXICO, B.V. By: /s/ M.F. Stijger Name: Amaco Management Services B.V. Title: Managing Director SENSATA TECHNOLOGIES DE MÉXICO, X.XX X.X. DE C.V. By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Attorney-in-Fact SENSATA TECHNOLOGIES SENSORES E CONTROLES DO BRASIL LTDA By: /s/ Xxxx Xxxxxx Xxxxxxx Name: Xxxx Xxxxxx Xxxxxxx Title: Officer SENSATA TECHNOLOGIES JAPAN LIMITED By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Representative Director SENSORS AND CONTROLS (KOREA) LIMITED By: /s/ Xxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx, Xx. Title: Representative Director SENSATA TECHNOLOGIES HOLDINGS KOREA LIMITED By: /s/ Xxxxxx Xxxx, Xx. Name: Xxxxxx Xxxx, Xx. Title: Representative Director S&C ACQUISITION SDN. BHD. By: /s Xxxxx Xxx Xxx Name: Xxxxx Xxx Xxx Title: Director SENSATA TECHNOLOGIES FINANCE COMPANY, LLC By: /s/ Xxxxxx Xxxx, Xx. Name: Xxxxxx Xxxx, Xx. Title: Chief ~~Financial~~ Executive Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME THE BANK OF NEW ~~FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association~~YORK, as Trustee By: Name: ~~Xxxxxxx X. Xxxxxxxx~~ Title: ~~Vice President Exhibit~~ EXHIBIT A [Face of Note] THIS ~~DEBT INSTRUMENT~~ NOTE HAS NOT BEEN ~~ISSUED~~ REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND ACCORDINGLY, MAY NOT BE OFFERED OR SOLD 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, THE HOLDER (1) REPRESENTS THAT (A) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) OR (B) IT IS NOT 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 “INSTITUTIONAL ACCREDITED INVESTOR”), (2) AGREES THAT IT WILL NOT, WITHIN THE TIME PERIOD REFERRED TO IN RULE 144(k) UNDER THE SECURITIES ACT AFTER THE ORIGINAL ~~ISSUE DISCOUNT~~ ISSUANCE OF THESE NOTES, RESELL OR OTHERWISE TRANSFER THIS NOTE EXCEPT (A) TO SENSATA TECHNOLOGIES B.V. OR ANY SUBSIDIARY THEREOF, (B) TO A QUALIFIED INSTITUTIONAL BUYER 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 SECURITIES ACT, (D) PURSUANT TO THE EXEMPTION FROM REGISTRATION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT (IF AVAILABLE), (E) INSIDE THE UNITED STATES TO AN INSTITUTIONAL ACCREDITED INVESTOR THAT, PRIOR TO SUCH TRANSFER, FURNISHES TO THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE RESTRICTIONS ON 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 OF LESS THAN $100,000 AN OPINION OF COUNSEL ACCEPTABLE TO SENSATA TECHNOLOGIES B.V. THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT, OR (F) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND (3) AGREES THAT IT WILL DELIVER TO EACH PERSON TO WHOM THIS NOTE IS TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS LEGEND. IN CONNECTION WITH ANY TRANSFER OF THIS NOTE WITHIN THE TIME PERIOD REFERRED TO IN RULE 144(k) UNDER THE SECURITIES ACT AFTER THE ORIGINAL ISSUANCE OF THESE NOTES, 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. IF THE PROPOSED TRANSFEREE IS AN INSTITUTIONAL ACCREDITED INVESTOR, THE HOLDER MUST, PRIOR TO SUCH TRANSFER, FURNISH TO THE TRUSTEE AND SENSATA TECHNOLOGIES B.V. SUCH CERTIFICATIONS, LEGAL OPINIONS OR OTHER INFORMATION AS EITHER OF THEM MAY REASONABLY REQUIRE TO CONFIRM THAT SUCH TRANSFER IS BEING MADE PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT. AS USED HEREIN, THE TERMS “OFFSHORE TRANSACTION,” “UNITED STATES” AND “U.S. PERSON” HAVE THE MEANINGS GIVEN TO THEM BY 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. THIS NOTE MAY NOT BE SOLD, TRANSFERRED OR DELIVERED TO ANYONE ANYWHERE IN THE WORLD OTHER THAN TO PROFESSIONAL MARKET PARTIES (“PMP”) WITHIN THE MEANING OF ~~SECTION 1273~~ THE EXEMPTION REGULATION TO THE DUTCH ACT ON THE SUPERVISION OF THE ~~INTERNAL REVENUE CODE~~ CREDIT SYSTEM 1992. EACH HOLDER OF ~~1986~~NOTES, BY PURCHASING THE NOTES, WILL BE DEEMED TO HAVE REPRESENTED AND AGREED FOR THE BENEFIT OF THE ISSUER THAT (1) SUCH HOLDER IS A PMP AND IS ACQUIRING SUCH NOTES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A PMP, THAT (2) SUCH NOTES MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED TO ANYONE ANYWHERE IN THE WORLD OTHER THAN TO A PMP ACQUIRING FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A PMP AND THAT (3) THE HOLDER WILL PROVIDE NOTICE OF THE TRANSFER RESTRICTIONS DESCRIBED HEREIN TO ANY SUBSEQUENT TRANSFEREE. THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS ~~AMENDED~~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 (00 XXXXX XXXXXX, XXX XXXX, XXX XXXX) (“DTC”), 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 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. [Additional language for Regulation S Note to be inserted after paragraph 1] THE RIGHTS ATTACHING TO THIS REGULATION S GLOBAL NOTE, AND THE ~~TREASURY REGULATIONS THEREUNDER~~CONDITIONS AND PROCEDURES GOVERNING ITS EXCHANGE FOR CERTIFICATED NOTES, ARE AS SPECIFIED IN THE INDENTURE (AS DEFINED HEREIN). ~~CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE~~CUSIP No. 144A: 00000XXX0 REG S: X00000XX0 ISIN 144A: US81725WAA18 REG S: USN78840AA89 8% Senior Notes due 2014 No. $ SENSATA TECHNOLOGIES B.V. promise to pay to CEDE & CO. or registered assigns, ~~THE AMOUNT OF ORIGINAL ISSUE DISCOUNT~~the principal sum of DOLLARS on May 1, ~~THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP~~2014.

Appears in 1 contract

Samples: Indenture (Sensata Technologies Holland, B.V.)

Appears in 1 contract

Samples: Onepoint Communications Corp /De

Appears in 1 contract

Samples: Monitoring and Oversight Agreement (Viasystems 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. 95 SIGNATURES Dated as of ~~[ ] [ ], 2008 FiberTower Corporation~~ the date first written above. MAGNACHIP SEMICONDUCTOR S.A. By: /s/ Xxxx XxXxxxxxx Name: ~~Xxxxxx X.~~ Xxxx XxXxxxxxx Title: Director MAGNACHIP SEMICONDUCTOR FINANCE COMPANY By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Chief Financial Officer ~~FiberTower Network Services Corp.~~ MAGNACHIP SEMICONDUCTOR LLC By: /s/ Xxxxxxxx Xxxxx Name: ~~Xxxxxx X.~~ Xxxxxxxx Xxxxx Title: Senior Vice President and Chief Financial Officer MAGNACHIP SEMICONDUCTOR SA HOLDINGS LLC By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Chief Financial Officer ~~FiberTower Solutions Corporation~~ MAGNACHIP SEMICONDUCTOR, INC. (U.S.) By: /s/ Xxxxxxxx Xxxxx Name: ~~Xxxxxx X.~~ Xxxxxxxx Xxxxx Title: Treasurer and Chief Financial Officer ~~ART Leasing Corporation~~ MAGNACHIP SEMICONDUCTOR B.V. (NETHERLANDS) By: /s/ Xxxx XxXxxxxxx Name: ~~Xxxxxx X.~~ Xxxx XxXxxxxxx Title: Attorney-in-fact MAGNACHIP SEMICONDUCTOR LTD. (TAIWAN) By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: ~~Chief Financial Officer ART Leasing, Inc.~~ Director MAGNACHIP SEMICONDUCTOR LTD. (UNITED KINGDOM) By: /s/ Xxxxx Xxxx Name: ~~Xxxxxx X.~~ Xxxxx Xxxx Title: Director MAGNACHIP SEMICONDUCTOR INC. (JAPAN) By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: ~~Chief Financial Officer Teligent Services Acquisition, Inc.~~ Director MAGNACHIP SEMICONDUCTOR HOLDING COMPANY LIMITED (BRITISH VIRGIN ISLANDS) By: /s/ Xxxx XxXxxxxxx Name: ~~Xxxxxx X.~~ Xxxx XxXxxxxxx Title: Director MAGNACHIP SEMICONDUCTOR LTD. (HONG KONG) By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: ~~Chief Financial Officer~~ Director SEALED with the COMMON SEAL of ) MAGNACHIP SEMICONDUCTOR ) LIMITED ) and SIGNED by ) in the presence of: ) Witness: /s/ [~~NAME OF NEW FCC LICENSE SUB~~ILLEGIBLE] ~~By:~~ Name: Witness: /s/ [~~Xxxxxx X. Xxxxx~~ILLEGIBLE] ~~Title~~Name: ~~[Chief Financial Officer] Xxxxx Fargo Bank, National Association~~Address: Address: WILMINGTON TRUST FSB, as Trustee By: /s/ Xxxx Schwelger Name: ~~Xxxxxxx X. Xxxxxxxx~~ Xxxx Schwelger Title: Vice President ~~Exhibit A~~ EXHIBIT A1 [Face of Senior Note] CUSIP/CINS [55932R AG2][L62495 AD5] ISIN[US55932RAG20][USL62495AD58] 10.500% Senior Notes due 2018 No. ___ $ MAGNACHIP SEMICONDUCTOR S.A. and MAGNACHIP SEMICONDUCTOR FINANCE COMPANY jointly and severally promise to pay to or registered assigns, the principal sum of DOLLARS* on April 15, 2018. Interest Payment Dates: April 15 and October 15 Record Dates: April 1 and October 1 Dated: , 2010 MAGNACHIP SEMICONDUCTOR S.A. By: Name: Title: MAGNACHIP SEMICONDUCTOR FINANCE COMPANY By: Name: Title: A1-1 This is one of the Notes referred to in the within-mentioned Indenture: WILMINGTON TRUST FSB, as Trustee By: Authorized Signatory Date: A1-2 [Back of Note] 10.500% Senior Notes due 2018 [Insert the following Global Note Legend, if applicable pursuant to the provisions of the Indenture: THIS ~~DEBT INSTRUMENT~~ 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.] [Insert the following Private Placement Legend, if applicable pursuant to the provisions of the Indenture: THE NOTES EVIDENCED HEREBY HAVE NOT BEEN ~~ISSUED WITH ORIGINAL ISSUE DISCOUNT~~ REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (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 ~~SECTION 1273~~ 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 ~~INTERNAL REVENUE CODE OF 1986, AS AMENDED,~~ SECURITIES ACT OR (5) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND ~~THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER~~ (B) IN ACCORDANCE WITH ALL APPLICABLE SECURITIES LAWS OF THE ~~ISSUER AT 415~~STATES OF THE UNITED STATES AND OTHER JURISDICTIONS.] A1-~~659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP~~3 Capitalized terms used herein have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.

Appears in 1 contract

Samples: Magnachip Semiconductor LLC

Appears in 1 contract

Samples: Indenture (Real Mex Restaurants, 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 ~~[ ] [ ]~~April 27, ~~2008 FiberTower Corporation~~ 2006 SIGNATURES SENSATA TECHNOLOGIES B.V. By: /s/ M.F. Stijger Name: Amaco Management Services B.V. Title: Managing Director SENSATA TECHNOLOGIES, INC. By: /s/ Xxxxxx Xxxx, Xx. Name: Xxxxxx ~~X. Xxxxx~~ Xxxx, Xx, Title: Chief ~~Financial~~ Executive Officer ~~FiberTower Network Services Corp.~~ SENSATA TECHNOLOGIES HOLDING COMPANY U.S., B.V. By: /s/ M.F. Stijger Name: Amaco Management Services B.V. Title: Managing Director SENSATA TECHNOLOGIES HOLLAND, B.V. By: /s/ M.F. Stijger Name: Amaco Management Services B.V. Title: Managing Director SENSATA TECHNOLOGIES HOLDING COMPANY MEXICO, B.V. By: /s/ M.F. Stijger Name: Amaco Management Services B.V. Title: Managing Director SENSATA TECHNOLOGIES DE MÉXICO, X.XX X.X. DE C.V. By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Attorney-in-Fact SENSATA TECHNOLOGIES SENSORES E CONTROLES DO BRASIL LTDA By: /s/ Xxxx Xxxxxx Salveti Name: Xxxx Xxxxxx Salveti Title: Officer SENSATA TECHNOLOGIES JAPAN LIMITED By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Representative Director SENSORS AND CONTROLS (KOREA) LIMITED By: /s/ Xxxxxx Xxxx, Xx. Name: Xxxxxx X. Xxxx, Xx. Title: Representative Director SENSATA TECHNOLOGIES HOLDINGS KOREA LIMITED By: /s/ Xxxxxx Xxxx, Xx. Name: Xxxxxx Xxxx, Xx. Title: Representative Director S&C ACQUISITION SDN. BHD. By: /s/ Xxxxx Xxx Xxx Name: Xxxxx Xxx Xxx Title: Director SENSATA TECHNOLOGIES FINANCE COMPANY, LLC By: /s/ Xxxxxx Xxxx, Xx. Name: Xxxxxx Xxxx, Xx. Title: Chief ~~Financial~~ Executive Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME THE BANK OF NEW ~~FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association~~YORK, as Trustee By: Name: ~~Xxxxxxx X. Xxxxxxxx~~ Title: ~~Vice President Exhibit~~ EXHIBIT A [Face of Note] THIS ~~DEBT INSTRUMENT~~ NOTE HAS NOT BEEN ~~ISSUED~~ REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND ACCORDINGLY, MAY NOT BE OFFERED OR SOLD 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, THE HOLDER (1) REPRESENTS THAT (A) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) OR (B) IT IS NOT 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 “INSTITUTIONAL ACCREDITED INVESTOR”), (2) AGREES THAT IT WILL NOT, WITHIN THE TIME PERIOD REFERRED TO IN RULE 144(k) UNDER THE SECURITIES ACT AFTER THE ORIGINAL ~~ISSUE DISCOUNT~~ ISSUANCE OF THESE NOTES, RESELL OR OTHERWISE TRANSFER THIS NOTE EXCEPT (A) TO SENSATA TECHNOLOGIES B.V. OR ANY SUBSIDIARY THEREOF, (B) TO A QUALIFIED INSTITUTIONAL BUYER 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 SECURITIES ACT, (D) PURSUANT TO THE EXEMPTION FROM REGISTRATION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT (IF AVAILABLE), (E) INSIDE THE UNITED STATES TO AN INSTITUTIONAL ACCREDITED INVESTOR THAT, PRIOR TO SUCH TRANSFER, FURNISHES TO THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE RESTRICTIONS ON 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 OF LESS THAN €100,000 AN OPINION OF COUNSEL ACCEPTABLE TO SENSATA TECHNOLOGIES B.V. THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT, OR (F) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND (3) AGREES THAT IT WILL DELIVER TO EACH PERSON TO WHOM THIS NOTE IS TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS LEGEND. IN CONNECTION WITH ANY TRANSFER OF THIS NOTE WITHIN THE TIME PERIOD REFERRED TO IN RULE 144(k) UNDER THE SECURITIES ACT AFTER THE ORIGINAL ISSUANCE OF THESE NOTES, 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. IF THE PROPOSED TRANSFEREE IS AN INSTITUTIONAL ACCREDITED INVESTOR, THE HOLDER MUST, PRIOR TO SUCH TRANSFER, FURNISH TO THE TRUSTEE AND SENSATA TECHNOLOGIES B.V. SUCH CERTIFICATIONS, LEGAL OPINIONS OR OTHER INFORMATION AS EITHER OF THEM MAY REASONABLY REQUIRE TO CONFIRM THAT SUCH TRANSFER IS BEING MADE PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT. AS USED HEREIN, THE TERMS “OFFSHORE TRANSACTION,” “UNITED STATES” AND “U.S. PERSON” HAVE THE MEANINGS GIVEN TO THEM BY 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. THIS NOTE MAY NOT BE SOLD, TRANSFERRED OR DELIVERED TO ANYONE ANYWHERE IN THE WORLD OTHER THAN TO PROFESSIONAL MARKET PARTIES (“PMP”) WITHIN THE MEANING OF ~~SECTION 1273~~ THE EXEMPTION REGULATION TO THE DUTCH ACT ON THE SUPERVISION OF THE ~~INTERNAL REVENUE CODE~~ CREDIT SYSTEM 1992. EACH HOLDER OF ~~1986~~NOTES, BY PURCHASING THE NOTES, WILL BE DEEMED TO HAVE REPRESENTED AND AGREED FOR THE BENEFIT OF THE ISSUER THAT (1) SUCH HOLDER IS A PMP AND IS ACQUIRING SUCH NOTES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A PMP, THAT (2) SUCH NOTES MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED TO ANYONE ANYWHERE IN THE WORLD OTHER THAN TO A PMP ACQUIRING FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A PMP AND THAT (3) THE HOLDER WILL PROVIDE NOTICE OF THE TRANSFER RESTRICTIONS DESCRIBED HEREIN TO ANY SUBSEQUENT TRANSFEREE. THIS GLOBAL NOTE IS HELD BY THE COMMON DEPOSITARY (AS ~~AMENDED~~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 REGISTRAR MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE TRANSFERRED OR EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06 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 THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE COMMON DEPOSITORY TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME THE COMMON DEPOSITARY OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE COMMON 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, THE COMMON DEPOSITARY, HAS AN INTEREST HEREIN. [Additional language for Regulation S Note to be inserted after paragraph 1] THE RIGHTS ATTACHING TO THIS REGULATION S GLOBAL NOTE, AND THE ~~TREASURY REGULATIONS THEREUNDER~~CONDITIONS AND PROCEDURES GOVERNING ITS EXCHANGE FOR CERTIFICATED NOTES, ARE AS SPECIFIED IN THE INDENTURE (AS DEFINED HEREIN). ~~CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE~~XXXXXX XXXX Xx. 000X: 25269292 REG S: 25269241 ISIN No. 144A: XS0252692925 REG S: XS0252692412 9% Senior Subordinated Notes due 2016 No. € SENSATA TECHNOLOGIES B.V. The Bank of New York Depository (Nominees) Limited, ~~THE AMOUNT OF ORIGINAL ISSUE DISCOUNT~~as Common Depositary, ~~THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP~~or registered assigns, the principal sum of Euros on May 1, 2016.

Appears in 1 contract

Samples: Indenture (Sensata Technologies Holland, B.V.)

Appears in 1 contract

Samples: Trico Marine Services (Trico Marine Services Inc)

Appears in 1 contract

Samples: Indenture (Sensata Technologies B.V.)

Appears in 1 contract

Samples: Indenture (Interactive Health, Inc.)

Table of Contents, Headings, etc. The Table of ~~Contents, Cross-Reference Table~~ Contents and Headings ~~of the Articles and Sections of~~ in this Supplemental 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 ~~[ ] [ ]~~January 24, ~~2008 FiberTower Corporation~~ 2007 ISSUER: PILGRIM’S PRIDE CORPORATION By: /s/ Xxxxxxx X. Xxxxxxx Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxx Title: Chief Financial Officer FiberTower Network Services Corp. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer FiberTower Solutions Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART Leasing Corporation By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer ART LeasingExecutive Vice President, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Teligent Services Acquisition, Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer~~] Xxxxx Fargo Bank~~, ~~National Association~~Secretary and Treasurer TRUSTEE: XXXXX FARGO BANK, ~~as Trustee~~ NATIONAL ASSOCIATION By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President ~~Exhibit~~ EXHIBIT A [~~Face~~ FORM OF FACE OF NOTE] No. $ CUSIP No. 721467 AF 5 8 3/8% Senior Subordinated Notes Due May 1, 2017 Pilgrim’s Pride Corporation, a Delaware corporation, promises to pay to [ ], or registered assigns, the principal sum of [ ] Dollars ($ ) on May 1, 2017. Interest Payment Dates: May 1 and November 1. Record Dates: April 15 and October 15. Additional provisions of this Note are set forth on the other side of this Note. PILGRIM’S PRIDE CORPORATION By: Name: Title: Dated: January 24, 2007 TRUSTEE’S CERTIFICATE OF AUTHENTICATION XXXXX FARGO BANK, NATIONAL ASSOCIATION as Trustee, certifies that this is one of the [Global] Notes referred to in the within mentioned Indenture. By: Authorized Signatory [GLOBAL NOTE LEGEND] THIS ~~DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ GLOBAL NOTE IS HELD BY THE ~~MEANING OF SECTION 1273~~ DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE ~~INTERNAL REVENUE CODE OF 1986, AS AMENDED~~BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE ~~TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER~~ TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 3.06 OF THE ~~ISSUER AT 415-659-3500~~ INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 3.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 3.11 OF THE ~~ISSUE PRICE~~INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY. UNLESS THIS NOTE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), TO THE ~~AMOUNT~~ COMPANY OR ITS AGENT FOR REGISTRATION OF ~~ORIGINAL ISSUE DISCOUNT~~TRANSFER, EXCHANGE OR PAYMENT, AND ANY NOTE ISSUED IS REGISTERED IN THE ~~ISSUE DATE~~ 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 ~~YIELD TO MATURITY~~ REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. [FORM OF ~~THIS DEBT INSTRUMENT. CUSIP~~REVERSE SIDE OF NOTE] 8 3/8% Senior Subordinated Notes Due May 1, 2017

Appears in 1 contract

Samples: Pilgrims Pride Corp

Appears in 1 contract

Samples: Indenture (Sunoco LP)

Appears in 1 contract

Samples: Southwest General Hospital Lp

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 in no way modify or restrict any of the terms or provisions hereof. Signatures on following page SIGNATURES Dated as of ~~[ ] [ ]~~May __, ~~2008 FiberTower Corporation~~ 1997 AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC. By: ---------------------------------- Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxxxx Title: President and Chief ~~Financial~~ Executive Officer ~~FiberTower Network Services Corp.~~ Attest: AMCRAFT BUILDING PRODUCTS CO., INC. By: ---------------------------------- Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxxxx Title: ~~Chief Financial Officer FiberTower Solutions Corporation~~ President and CEO Attest: MULE-HIDE PRODUCTS CO., INC. By: ---------------------------------- Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxxxx Title: ~~Chief Financial Officer ART Leasing Corporation~~ President and CEO Attest: NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION By: ---------------------------------- Name: ~~Xxxxxx X. Xxxxx~~ Title: Attest: SIGNATURES Dated as of May __, 1997 AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC. By: ---------------------------------- Name: Xxxxxxx X. Xxxxxxxxx Title: President and Chief ~~Financial~~ Executive Officer ~~ART Leasing~~Attest: AMCRAFT BUILDING PRODUCTS CO., INC. By: ---------------------------------- Name: Xxxxxxx X. Xxxxxxxxx Title: President and CEO Attest: MULE-HIDE PRODUCTS CO., INC. By: ---------------------------------- Name: Xxxxxxx X. Xxxxxxxxx Title: President and CEO Attest: NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION By: ---------------------------------- Name: Title: Attest: Exhibit A (Face of Note) 10 5/8% [Series A] [Series B] Senior Subordinated Notes due 2007 No. $________ AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC promises to pay to or registered assigns, the principal sum of Dollars on May 15, 2007, Interest Payment Dates: May 15 and November 15 Record Dates: May 1 and November 1 Dated: ----------------------------------------- American Builders & Contractors Supply Co., Inc. -76- By: ------------------------------------------------- Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxxxx Title: President and Chief ~~Financial~~ Executive Officer ~~Teligent Services Acquisition, Inc. By~~This is one of the Global Notes referred to in the within-mentioned Indenture: ~~Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank~~Norwest Bank Minnesota, National ~~Association,~~ Association as Trustee By: ------------------------------------------------- Name: ~~Xxxxxxx X. Xxxxxxxx~~ Title: ~~Vice President Exhibit A [Face~~ -77- (Back of Note) 10 5/8% [Series A] ~~THIS DEBT INSTRUMENT HAS BEEN~~ [Series B] Senior Subordinated Notes due 2007 [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 issuer or its 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/ THE NOTE (OR ITS PREDECESSOR) EVIDENCED HEREBY WAS ORIGINALLY ISSUED ~~WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING~~ IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER XXXXXXX 0 XX XXX XXXXXX XXXXXX SECURITIES ACT OF ~~SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~1933, AS ~~AMENDED~~AMENDED (THE "SECURITIES ACT"), AND THE ~~TREASURY REGULATIONS THEREUNDER~~NOTE EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXECUTION THEREFROM. ~~CONTACT THE CHIEF FINANCIAL OFFICER~~ EACH PURCHASER OF THE ~~ISSUER AT 415-659-3500~~ NOTE EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION PROVIDED BY RULE 144A UNDER THE SECURITIES ACT. THE HOLDER OF THE NOTE EVIDENCED HEREBY AGREES FOR THE ~~ISSUE PRICE~~BENEFIT OF THE COMPANY THAT (A) SUCH NOTE MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED, ONLY (1) (a) TO A PERSON WHO THE ~~AMOUNT~~ SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN OF ~~ORIGINAL ISSUE DISCOUNT~~RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (b) IN A TRANSACTION MEETING THE ~~ISSUE DATE~~ REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, (c) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT OR (d) IN ACCORDANCE WITH ANOTHER EXTENSION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL IF THE ~~YIELD~~ CONTANY SO REQUESTS), (2) TO ~~MATURITY~~ THE CONTANY OR (3) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT AND, IN EACH CASE, IN ACCORDANCE WITH THE APPLICABLE SECURITIES LAWS OF ~~THIS DEBT INSTRUMENT. CUSIP~~ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THE HOLDER WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER ------------------------

Appears in 1 contract

Samples: Amcraft Building Products Co Inc

Appears in 1 contract

Samples: Corrections Corp of America

Appears in 1 contract

Samples: Indenture (Avantor, Inc.)

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. ~~SIGNATURES Dated as of [ ] [ ]~~Very truly yours, ~~2008 FiberTower Corporation~~ WEST CORPORATION By: /s/ Xxxx X. Xxxxxxx Name: ~~Xxxxxx~~ Xxxx X. ~~Xxxxx~~ Xxxxxxx Title: Chief Financial Officer ~~FiberTower Network Services Corp.~~ and Treasurer COSMOSIS CORPORATION XXXXX CONNECTS, INC. INTERCALL, INC. INTRADO COMMAND SYSTEMS, 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: /s/ Xxxx X. Xxxxxxx Name: ~~Xxxxxx~~ Xxxx X. ~~Xxxxx~~ Xxxxxxx Title: Chief Financial Officer ~~FiberTower Solutions Corporation~~ and Treasurer ANNEX HOLDINGS HC, LLC By: Rubik Acquisition Company, LLC, its sole member By: West Corporation, its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: ~~Xxxxxx~~ Xxxx X. ~~Xxxxx~~ Xxxxxxx Title: Chief Financial Officer ~~ART Leasing Corporation~~ and Treasurer ASSET DIRECT MORTGAGE, LLC By: /s/ Xxxx X. Xxxxxxx Name: ~~Xxxxxx~~ Xxxx X. ~~Xxxxx~~ Xxxxxxx Title: Manager BUYDEBTCO, LLC THE DEBT DEPOT, LLC WEST ASSET PURCHASING, LLC WORLDWIDE ASSET PURCHASING, LLC By: West Receivable Services, Inc., its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Financial Officer ~~ART Leasing~~and Treasurer HYPERCUBE, ~~Inc.~~ LLC By: Rubik Acquisition Company, LLC, as Member By: West Corporation, its Sole Member By: /s/ Xxxx X. Xxxxxxx Name: ~~Xxxxxx~~ Xxxx X. ~~Xxxxx~~ Xxxxxxx Title: Chief Financial Officer ~~Teligent Services Acquisition, Inc.~~ 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: ~~Xxxxxx~~ Xxxx X. ~~Xxxxx~~ Xxxxxxx Title: Chief Financial Officer ~~[NAME~~ 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 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 OF NEW ~~FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank~~YORK MELLON TRUST COMPANY, ~~National Association~~N.A., as Trustee By: /s/ Xxxxx Xxxxxxx-Xxxxx Name: ~~Xxxxxxx X. Xxxxxxxx~~ Xxxxx Xxxxxxx-Xxxxx Title: Vice President ~~Exhibit~~ EXHIBIT A [Face of Note] ~~THIS DEBT INSTRUMENT HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ [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] CUSIP [ ] ISIN [ ]1 [[RULE 144A][REGULATION S] GLOBAL NOTE representing up to $ ] 5.375% Senior Notes due 2022 No. [$ ] WEST CORPORATION promises to pay to CEDE & CO. or registered assigns, the principal sum [set forth on the Schedule of Exchanges of Interests in the Global Note attached hereto] [of United States Dollars] on July 15, 2022. Interest Payment Dates: January 15 and July 15 Record Dates: January 1 and July 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 ~~MEANING~~ BANK OF ~~SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~NEW YORK MELLON TRUST COMPANY, ~~AS AMENDED~~N.A., AND THE TREASURY REGULATIONS THEREUNDER. CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIPas Trustee By: Authorized Signatory [Back of Note] 5.375% Senior Notes due 2022 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)

Appears in 1 contract

Samples: Indenture (Holley Performance Products Inc)

Appears in 1 contract

Samples: Carmike Cinemas 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~~ Indenture, and shall in no way modify or restrict any of the terms or provisions ~~hereof~~of this Indenture. SIGNATURES ~~Dated as of [ ] [ ], 2008 FiberTower Corporation~~ THE COMPANY: YOUNG BROADCASTING INC. By: Name: Xxxxx X. Xxxxxx ~~X. Xxxxx~~ Title: Executive Vice President and Chief Financial Officer ~~FiberTower Network Services Corp.~~ THE INITIAL GUARANTORS: YOUNG BROADCASTING OF ALBANY, INC. YOUNG BROADCASTING OF LANSING, INC. WINNEBAGO TELEVISION CORPORATION YOUNG BROADCASTING OF NASHVILLE, INC. YBT, INC. YOUNG BROADCASTING OF LOUISIANA, INC. LAT, INC. YOUNG BROADCASTING OF RICHMOND, INC. YOUNG BROADCASTING OF GREEN BAY, INC. YOUNG BROADCASTING OF KNOXVILLE, INC. YBK, INC. YOUNG BROADCASTING OF XXXXXXXXX, INC. YOUNG BROADCASTING OF SIOUX FALLS, INC. YOUNG BROADCASTING OF RAPID CITY, INC. YOUNG BROADCASTING OF SAN FRANCISCO, INC. HONEY BUCKET FILMS, INC. XXXX XXXXX INC. By: Name: Xxxxx X. Xxxxxx ~~X. Xxxxx~~ Title: Executive Vice President and Chief Financial Officer ~~FiberTower Solutions Corporation~~ WKRN, G.P. By: Young Broadcasting of Nashville, Inc., Managing Partner By: Name: Xxxxx X. Xxxxxx ~~X. Xxxxx~~ Title: Executive Vice President and Chief Financial Officer ~~ART Leasing Corporation~~ KLFY, L.P. By: Young Broadcasting of Louisiana, Inc., General Partner By: Name: Xxxxx X. Xxxxxx ~~X. Xxxxx~~ Title: Executive Vice President and Chief Financial Officer ~~ART Leasing~~WATE, ~~Inc.~~ G.P. By: Young Broadcasting of Knoxville, Inc., Managing Partner By: Name: Xxxxx X. Xxxxxx ~~X. Xxxxx~~ Title: Executive Vice President and Chief Financial Officer ~~Teligent Services Acquisition~~WACHOVIA BANK, ~~Inc. By: Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank, National Association~~NATIONAL ASSOCIATION, as Trustee By: Name: ~~Xxxxxxx X. Xxxxxxxx~~ Title: ~~Vice President Exhibit~~ EXHIBIT A-1 [FORM OF SERIES A ~~[Face of Note~~NOTE] SERIES A NOTE THIS ~~DEBT INSTRUMENT~~ SECURITY HAS NOT BEEN ~~ISSUED~~ REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD WITHIN THE UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, U.S. PERSONS EXCEPT AS SET FORTH BELOW. BY ITS ACQUISITION HEREOF, THE HOLDER (1) REPRESENTS THAT (A) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) OR (B) IT IS NOT A U.S. PERSON AND IS ACQUIRING THIS SECURITY IN AN OFFSHORE TRANSACTION IN COMPLIANCE WITH RULE 904 UNDER THE SECURITIES ACT, (2) AGREES THAT IT WILL NOT WITHIN TWO YEARS AFTER THE ORIGINAL ~~ISSUE DISCOUNT~~ ISSUANCE OF THIS SECURITY RESELL OR OTHERWISE TRANSFER THIS SECURITY EXCEPT (A) TO YOUNG BROADCASTING INC. (THE “COMPANY”) OR ANY SUBSIDIARY THEREOF, (B) INSIDE THE UNITED STATES TO A QUALIFIED INSTITUTIONAL BUYER IN COMPLIANCE WITH RULE 144A UNDER THE SECURITIES ACT, (C) INSIDE THE UNITED STATES TO AN ACCREDITED INVESTOR (AS DEFINED IN RULE 501(a)(1), (2), (3) OR (7) UNDER THE SECURITIES ACT) (AN “ACCREDITED INVESTOR”) THAT, PRIOR TO SUCH TRANSFER, FURNISHES (OR HAS FURNISHED ON ITS BEHALF BY A U.S. BROKER-DEALER) TO THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE RESTRICTIONS ON TRANSFER OF THIS SECURITY (THE FORM OF WHICH LETTER CAN BE OBTAINED FROM THE TRUSTEE FOR THIS SECURITY), (D) OUTSIDE THE UNITED STATES IN AN OFFSHORE TRANSACTION IN COMPLIANCE WITH RULE 904 UNDER THE SECURITIES ACT (IF AVAILABLE), (E) PURSUANT TO THE EXEMPTION FROM REGISTRATION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT (IF AVAILABLE), (F) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL IF THE COMPANY SO REQUESTS) OR (G) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND (3) AGREES THAT IT WILL GIVE TO EACH PERSON TO WHOM THIS SECURITY IS TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS LEGEND. IN CONNECTION WITH ANY TRANSFER OF THIS SECURITY WITHIN TWO YEARS AFTER THE ORIGINAL ISSUANCE OF THIS SECURITY, IF THE PROPOSED TRANSFEREE IS AN ACCREDITED INVESTOR, THE HOLDER MUST, PRIOR TO SUCH TRANSFER, FURNISH TO THE TRUSTEE AND THE COMPANY SUCH CERTIFICATIONS, LEGAL OPINIONS OR OTHER INFORMATION AS EITHER OF THEM MAY REASONABLY REQUIRE TO CONFIRM THAT SUCH TRANSFER IS BEING MADE PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT. AS USED HEREIN, THE TERMS “OFFSHORE TRANSACTION,” “UNITED STATES” AND “U. S. PERSON” HAVE THE MEANING GIVEN TO THEM BY REGULATION S UNDER THE SECURITIES ACT. THIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF ~~SECTION 1273~~ THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY OR A SUCCESSOR DEPOSITORY. THIS SECURITY IS NOT EXCHANGEABLE FOR SECURITIES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY OR ITS NOMINEE EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, AND NO TRANSFER OF THIS SECURITY (OTHER THAN A TRANSFER OF THIS SECURITY AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE ~~INTERNAL REVENUE CODE~~ DEPOSITORY OR BY A NOMINEE OF ~~1986~~THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY) MAY BE REGISTERED EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, ~~AS AMENDED~~A NEW YORK CORPORATION (“DTC”), TO ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE ~~TREASURY REGULATIONS THEREUNDER~~NAME OF CEDE & CO. ~~CONTACT~~ 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 ~~CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE~~REGISTERED OWNER HEREOF, ~~THE AMOUNT OF ORIGINAL ISSUE DISCOUNT~~CEDE & CO., ~~THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT~~HAS AN INTEREST HEREIN. ~~CUSIP~~(Face of Note) YOUNG BROADCASTING INC. 8 3/4% Senior Subordinated Note due 2014 No. $ CUSIP No. Young Broadcasting Inc., a Delaware corporation (hereinafter called the “Company,” which term includes any successor entity under the Indenture hereinafter referred to), for value received, hereby promises to pay to or registered assigns, the principal sum of Dollars on January 15, 2014. Interest Payment Dates: January 15 and July 15, commencing July 15, 2004 Record Dates: January 1 and July 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 (Young Broadcasting Inc /De/)

Appears in 1 contract

Samples: Supplemental Indenture (Lbi Media Holdings Inc)

Appears in 1 contract

Samples: Indenture (CyrusOne Inc.)

Appears in 1 contract

Samples: Forbearance Agreement (Lbi Media Holdings Inc)

Appears in 1 contract

Samples: Indenture (Sunoco LP)

Appears in 1 contract

Samples: Indenture (Texas Genco 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. 115 SIGNATURES Dated as of ~~[ ] [ ]~~December 23, ~~2008 FiberTower Corporation~~ 2004 MAGNACHIP SEMICONDUCTOR S.A. By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer FiberTower Network Services Corp.~~ MAGNACHIP SEMICONDUCTOR FINANCE COMPANY By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer FiberTower Solutions Corporation~~ MAGNACHIP SEMICONDUCTOR LLC By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer ART Leasing Corporation~~ MAGNACHIP SEMICONDUCTOR, INC. By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer ART Leasing, Inc.~~ MAGNACHIP SEMICONDUCTOR LTD. (UNITED KINGDOM) By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer Teligent Services Acquisition, Inc.~~ MAGNACHIP SEMICONDUCTOR INC. (JAPAN) By: Name: ~~Xxxxxx X. Xxxxx~~ Title: ~~Chief Financial Officer [NAME OF NEW FCC LICENSE SUB]~~ MAGNACHIP SEMICONDUCTOR LTD. (HONG KONG) By: Name: ~~[Xxxxxx X. Xxxxx]~~ Title: ~~[Chief Financial Officer] Xxxxx Fargo Bank~~MAGNACHIP SEMICONDUCTOR LTD. (TAIWAN) By: Name: Title: MAGNACHIP SEMICONDUCTOR B.V. (NETHERLANDS) By: Name: Title: By: Name: Title: MAGNACHIP SEMICONDUCTOR, ~~National Association~~LTD. (KOREA) By: Name: Title: MAGNACHIP SEMICONDUCTOR SA HOLDINGS LLC By: Name: Title: THE BANK OF NEW YORK, as Trustee By: Name: ~~Xxxxxxx X. Xxxxxxxx~~ Title: ~~Vice President Exhibit~~ US BANK, as Collateral Trustee (solely with respect to Article 13 hereof) By: Name: Title: EXHIBIT A EXHIBIT A1 [Face of Floating Rate Note] CUSIP/CINS Floating Rate Second Priority Senior Secured Notes due 2011 No. $ MAGNACHIP SEMICONDUCTOR S.A. and MAGNACHIP SEMICONDUCTOR FINANCE COMPANY promises to pay to or registered assigns, the principal sum of DOLLARS on , 2011. Interest Payment Dates: and Record Dates: and Dated: December [ ], 2004 MAGNACHIP SEMICONDUCTOR S.A. By: Name: Title: MAGNACHIP SEMICONDUCTOR FINANCE COMPANY By: Name: Title: This is one of the Floating Rate Notes referred to in the within-mentioned Indenture: THE BANK OF NEW YORK, as Trustee By: Authorized Signatory [Back of Floating Rate Note] Floating Rate Second Priority Senior Secured Notes due 2011 [THIS ~~DEBT INSTRUMENT~~ 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 ~~BEEN~~ AN INTEREST HEREIN.] [THIS NOTE (OR ITS PREDECESSOR) WAS ORIGINALLY ISSUED ~~WITH ORIGINAL ISSUE DISCOUNT WITHIN~~ IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER THE ~~MEANING~~ UNITED STATES SECURITIES ACT OF 1933 (THE “SECURITIES ACT”), AND THIS NOTE MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THIS NOTE IS HEREBY NOTIFIED THAT THE SELLER OF THIS NOTE MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION ~~1273~~ 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER. THE HOLDER OF THIS NOTE AGREES FOR THE BENEFIT OF THE ISSUERS THAT (A) THIS NOTE MAY BE OFFERED, RESOLD, PLEDGED OR OTHERWISE TRANSFERRED, ONLY (I) IN THE UNITED STATES TO A PERSON WHOM THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (II) OUTSIDE THE UNITED STATES IN AN OFFSHORE TRANSACTION IN ACCORDANCE WITH RULE 904 UNDER THE SECURITIES ACT, (III) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT PROVIDED BY RULE 144 THEREUNDER (IF AVAILABLE), (IV) TO AN INSTITUTIONAL “ACCREDITED INVESTOR” (AS DEFINED IN RULE 501 (a)(1), (2), (3) OR (7) OF REGULATION D UNDER THE SECURITIES ACT) THAT, PRIOR TO SUCH TRANSFER, FURNISHES THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE TRANSFER OF THIS NOTE (THE FORM OF WHICH CAN BE OBTAINED FROM THE TRUSTEE) AND, IF SUCH TRANSFER IS IN RESPECT OF AN AGGREGATE PRINCIPAL AMOUNT OF NOTES LESS THAN $250,000, AN OPINION OF COUNSEL ACCEPTABLE TO THE ISSUERS THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT, OR (V) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT, IN EACH OF CASES (I) THROUGH (V) IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES, AND (B) THE HOLDER WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER OF THIS NOTE FROM IT OF THE RESALE RESTRICTIONS REFERRED TO IN (A) ABOVE.] THE HOLDER OF THIS NOTE REPRESENTS EITHER THAT (A) IT IS NOT A PLAN (WHICH TERM INCLUDES (I) EMPLOYEE BENEFIT PLANS THAT ARE SUBJECT TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), (II) PLANS, INDIVIDUAL RETIREMENT ACCOUNTS AND OTHER ARRANGEMENTS THAT ARE SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS ~~AMENDED~~AMENDED (THE “CODE”), OR TO PROVISIONS UNDER APPLICABLE FEDERAL, STATE, LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONS THAT ARE SIMILAR TO SUCH PROVISIONS OF ERISA OR THE CODE (“SIMILAR LAWS”) AND (III) ENTITIES THE UNDERLYING ASSETS OF WHICH ARE CONSIDERED TO INCLUDE “PLAN ASSETS” OF SUCH PLANS, ACCOUNTS AND ARRANGEMENTS) AND IT HAS NOT PURCHASED THE NOTES ON BEHALF OF, OR WITH THE “PLAN ASSETS” OF, ANY PLAN; OR (B) THE HOLDER’S PURCHASE, HOLDING AND SUBSEQUENT DISPOSITION OF THE NOTES EITHER (I) ARE NOT A PROHIBITED TRANSACTION UNDER ERISA OR THE CODE AND ARE OTHERWISE PERMISSIBLE UNDER ALL APPLICABLE SIMILAR LAWS OR (II) ARE ENTITLED TO EXEMPTIVE RELIEF FROM THE PROHIBITED TRANSACTION PROVISIONS OF ERISA AND THE ~~TREASURY REGULATIONS THEREUNDER~~CODE IN ACCORDANCE WITH ONE OR MORE AVAILABLE STATUTORY, CLASS OR INDIVIDUAL PROHIBITED TRANSACTION EXEMPTIONS AND ARE OTHERWISE PERMISSIBLE UNDER ALL APPLICABLE SIMILAR LAWS. ~~CONTACT THE CHIEF FINANCIAL OFFICER OF THE ISSUER AT 415-659-3500 FOR THE ISSUE PRICE, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE AND THE YIELD TO MATURITY OF THIS DEBT INSTRUMENT. CUSIP~~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 (MagnaChip Semiconductor LTD (United Kingdom))

Appears in 1 contract

Samples: Indenture (Sensata Technologies Holding PLC)

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 in no way modify or restrict any of the terms or provisions hereof. Signatures on following page SIGNATURES Dated as of ~~[ ] [ ]~~May __, ~~2008 FiberTower Corporation~~ 1997 AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC. By: ---------------------------------- Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxxxx Title: President and Chief ~~Financial~~ Executive Officer ~~FiberTower Network Services Corp.~~ Attest: AMCRAFT BUILDING PRODUCTS CO., INC. By: ---------------------------------- Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxxxx Title: ~~Chief Financial Officer FiberTower Solutions Corporation~~ President and CEO Attest: MULE-HIDE PRODUCTS CO., INC. By: ---------------------------------- Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxxxx Title: ~~Chief Financial Officer ART Leasing Corporation~~ President and CEO Attest: NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION By: ---------------------------------- Name: ~~Xxxxxx X. Xxxxx~~ Title: Attest: SIGNATURES Dated as of May __, 1997 AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC. By: ---------------------------------- Name: Xxxxxxx X. Xxxxxxxxx Title: President and Chief ~~Financial~~ Executive Officer ~~ART Leasing~~Attest: AMCRAFT BUILDING PRODUCTS CO., INC. By: ---------------------------------- Name: Xxxxxxx X. Xxxxxxxxx Title: President and CEO Attest: MULE-HIDE PRODUCTS CO., INC. By: ---------------------------------- Name: Xxxxxxx X. Xxxxxxxxx Title: President and CEO Attest: NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION By: ---------------------------------- Name: Title: Attest: Exhibit A (Face of Note) 10% [Series A] [Series B] Senior Subordinated Notes due 2007 No. $________ AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC promises to pay to or registered assigns, the principal sum of Dollars on May 15, 2007, Interest Payment Dates: May 15 and November 15 Record Dates: May 1 and November 1 Dated: ----------------------------------------- American Builders & Contractors Supply Co., Inc. -76- By: ------------------------------------------------- Name: ~~Xxxxxx~~ Xxxxxxx X. ~~Xxxxx~~ Xxxxxxxxx Title: President and Chief ~~Financial~~ Executive Officer ~~Teligent Services Acquisition, Inc. By~~This is one of the Global Notes referred to in the within-mentioned Indenture: ~~Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer [NAME OF NEW FCC LICENSE SUB] By: Name: [Xxxxxx X. Xxxxx] Title: [Chief Financial Officer] Xxxxx Fargo Bank~~Norwest Bank Minnesota, National ~~Association,~~ Association as Trustee By: ------------------------------------------------- Name: ~~Xxxxxxx X. Xxxxxxxx~~ Title: ~~Vice President Exhibit A [Face~~ -77- (Back of Note) 10% [Series A] ~~THIS DEBT INSTRUMENT HAS BEEN~~ [Series B] Senior Subordinated Notes due 2007 [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 issuer or its 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/ THE NOTE (OR ITS PREDECESSOR) EVIDENCED HEREBY WAS ORIGINALLY ISSUED ~~WITH ORIGINAL ISSUE DISCOUNT WITHIN THE MEANING~~ IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER XXXXXXX 0 XX XXX XXXXXX XXXXXX SECURITIES ACT OF ~~SECTION 1273 OF THE INTERNAL REVENUE CODE OF 1986~~1933, AS ~~AMENDED~~AMENDED (THE "SECURITIES ACT"), AND THE ~~TREASURY REGULATIONS THEREUNDER~~NOTE EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXECUTION THEREFROM. ~~CONTACT THE CHIEF FINANCIAL OFFICER~~ EACH PURCHASER OF THE ~~ISSUER AT 415-659-3500~~ NOTE EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION PROVIDED BY RULE 144A UNDER THE SECURITIES ACT. THE HOLDER OF THE NOTE EVIDENCED HEREBY AGREES FOR THE ~~ISSUE PRICE~~BENEFIT OF THE COMPANY THAT (A) SUCH NOTE MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED, ONLY (1) (a) TO A PERSON WHO THE ~~AMOUNT~~ SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN OF ~~ORIGINAL ISSUE DISCOUNT~~RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (b) IN A TRANSACTION MEETING THE ~~ISSUE DATE~~ REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, (c) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT OR (d) IN ACCORDANCE WITH ANOTHER EXTENSION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL IF THE ~~YIELD~~ CONTANY SO REQUESTS), (2) TO ~~MATURITY~~ THE CONTANY OR (3) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT AND, IN EACH CASE, IN ACCORDANCE WITH THE APPLICABLE SECURITIES LAWS OF ~~THIS DEBT INSTRUMENT. CUSIP~~ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THE HOLDER WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER ------------------------

Appears in 1 contract

Samples: Amcraft Building Products Co Inc

Appears in 1 contract

Samples: Indenture (Energy Partners LTD)

Appears in 1 contract

Samples: Indenture (AdvancePierre Foods Holdings, Inc.)

Common use of Table of Contents, Headings, etc Clause in Contracts