INDENTURE DATED AS OF _____, 200___ BETWEEN DXP ENTERPRISES, INC. as Issuer, AND as Trustee Providing for Issuance of Debt Securities in SeriesDXP Enterprises Inc • May 6th, 2010 • Wholesale-industrial machinery & equipment • New York
THIS INDENTURE, dated as of ______, 200__, between DXP Enterprises, Inc., a corporation duly organized and existing under the laws of the State of Texas (herein called the “Company”), having its principal office at 7272 Pinemont Drive, Houston, Texas 77040, and __________________, a ____________________, as trustee (herein called the “Trustee”).
SUBORDINATED INDENTURE DATED AS OF _____, 200__ BETWEEN DXP ENTERPRISES, INC. as Issuer, AND as Trustee Providing for Issuance of Debt Securities in SeriesSubordinated Indenture • May 6th, 2010 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
TABLE OF CONTENTS RECITALS 1 ARTICLE 1 DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION 1 SECTION 1.01. Definitions 1 SECTION 1.02. Compliance Certificates and Opinions 7 SECTION 1.03. Forms of Documents Delivered to Trustee 8 SECTION 1.04. Acts of Holders; Record Dates 9 SECTION 1.05. Notices, Etc., to Trustee and Company 10 SECTION 1.06. Notice to Holders; Waiver 11 SECTION 1.07. Conflict with Trust Indenture Act 11 SECTION 1.08. Effect of Headings and Table of Contents 11 SECTION 1.09. Successors and Assigns 11 SECTION 1.10. Separability Clause 11 SECTION 1.11. Benefits of Indenture 12 SECTION 1.12. Governing Law 12 SECTION 1.13. Legal Holidays 12 SECTION 1.14. Incorporators, Shareholders, Directors, Officers and Employees of the Company Exempt from Individual Liability 12 ARTICLE II SECURITY FORM 13 SECTION 2.01 Forms Generally 13 SECTION 2.02 Form of Face of Security 13 SECTION 2.03 Form of Reverse of Security 16 SECTION 2.04 Form of Legend for Global Securities 20 SECTION
