Guarantor Indenture definition

Guarantor Indenture means the trust indenture dated as of the Initial Closing Date among the Guarantor as issuer of the Guarantor Securities issued thereunder, the Issuer, as guarantor of the Guarantor Securities issued thereunder, Deutsche Bank Trust Company Americas as the Cash Manager, Deutsche Bank Trust Company Americas as the trustee thereunder and Drawing Agent, Calyon as Initial Credit Facility Provider and Financial Guaranty Insurance Company as Policy Provider.
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Guarantor Indenture means the Indenture, dated as of March 4, 2004, between the Guarantor and Wilmington Trust Company, as Trustee, pursuant to which the Guarantor Notes are issued.
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Guarantor Indenture has the meaning given to such term in Section 12.02 hereof.
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Examples of Guarantor Indenture in a sentence

  • The duties and responsibilities of the Trustee shall be as provided by the TIA and as set forth herein and in the Guarantor Indenture.

  • The Trustee accepts the trusts hereby created and applicable to it and agrees to perform the same but only upon the terms of this Indenture and in the Guarantor Indenture and the TIA and agrees to receive and disburse all moneys received by it in accordance with the terms hereof and in the Guarantor Indenture.

  • Be a qualified Designer within the meaning of M.G.L. Chapter 7, Section 38A½, employing a Massachusetts registered [architect][engineer] responsible for and being in control of the services to be provided pursuant to the Contract.

  • Upon notice to it that any subclass of ACS Group Securities is to be redeemed pursuant to Section 3.10 hereof or the Guarantor Indenture (other than in an ACS Group Refinancing) or defeased under Article XII hereof or the Guarantor Indenture, the Cash Manager shall cause the Operating Bank to establish and maintain a Defeasance/Redemption Account pursuant to Section 3.01(a) hereof or of the Guarantor Indenture in the name of the Security Trustee for the benefit of the Holders of such subclass.

  • So long as any Secured Obligations shall remain unpaid, the Security Trustee shall have sole dominion and control over each Account other than any Non-Trustee Account, and no Grantor shall, at any time, establish any bank account other than pursuant to Article III of the Indenture, any Guarantor Indenture or in compliance with Section 2.06(a).

  • Amounts may be withdrawn or transferred from the Expense Account only in accordance with the provisions of this Indenture, any Guarantor Indenture and the Cash Management Agreement by authorized officers or employees of the Security Trustee or by agents authorized by the Security Trustee in writing (including the Cash Manager and any authorized agents thereof pursuant to the Cash Management Agreement).

  • Upon consummation of this offering, the Company, XM Escrow and the Guarantors will execute a supplemental indenture to the Indenture in connection with the Guarantees (the “Guarantor Indenture” and the Indenture, as amended by the Assumption Indenture and the Guarantor Indenture, the “Post-Merger Indenture”).

  • Amounts may be withdrawn or transferred from the Expense Account only in accordance with the provisions of this Indenture, any Guarantor Indenture and the Administrative Agency Agreement by authorized officers or employees of the Security Trustee or by agents authorized by the Security Trustee in writing (including the Administrative Agent and any authorized agents thereof pursuant to the Administrative Agency Agreement).

  • Amounts may be withdrawn from the Lessee Funded Account only in accordance with the provisions of this Indenture, any Guarantor Indenture and the Cash Management Agreement and only by officers, employees or agents authorized by the Security Trustee in writing (including the Cash Manager and any authorized agent thereof pursuant to the Cash Management Agreement).

  • For the avoidance of doubt, references to this Section 3.01 shall include reference to the equivalent Section 3.01 in the Guarantor Indenture.


More Definitions of Guarantor Indenture

Guarantor Indenture means, with respect to any one or more series of Guarantor Securities for which a Person is the Guarantor Indenture Trustee, the Guarantor Indenture as originally executed or as it may from time to time be supplemented or amended by one or more indentures supplemental thereto entered into pursuant to the applicable provisions thereof and shall include the terms of the or those particular series of Guarantor Securities for which such Person is the Guarantor Indenture Trustee established as contemplated by Section 301 thereof, exclusive, however, of any provisions or terms which relate solely to other series of Guarantor Securities for which such Person is the Guarantor Indenture Trustee, regardless of when such terms or provisions were adopted, and exclusive of any provisions or terms adopted by means of one or more indentures supplemental thereto executed and delivered after such Person had become such Guarantor Indenture Trustee but to which such Person, as such Guarantor Indenture Trustee, was not a party.
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Guarantor Indenture means the Indenture dated as of August 15, 1991 between the Guarantor and The Chase Manhattan Bank, successor in interest to The Chase Manhattan Bank (National Association), as Trustee, as originally executed or as it may from time to time be supplemented or amended by one or more indentures supplemental thereto entered into pursuant to the applicable provisions thereof, and shall include the terms of any series of Guarantor Securities established as contemplated by Section 301 thereof; provided, however, that if at any time more than one Person is acting as Guarantor Indenture Trustee thereunder, "Guarantor Indenture" shall mean, with respect to any one or more series of Guarantor Securities for which a Person is the Guarantor Indenture Trustee, the Guarantor Indenture as originally executed or as it may from time to time be supplemented or amended by one or more indentures supplemental thereto entered into pursuant to the applicable provisions thereof and shall include the terms of the or those particular series of Guarantor Securities for which such Person is the Guarantor Indenture Trustee established as contemplated by Section 301 thereof, exclusive, however, of any provisions or terms which relate solely to other series of Guarantor Securities for which such Person is the Guarantor Indenture Trustee, regardless of when such terms or provisions were adopted, and exclusive of any provisions or terms adopted by means of one or more indentures supplemental thereto executed and delivered after such Person had become such Guarantor Indenture Trustee but to which such Person, as such Guarantor Indenture Trustee, was not a party.
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Guarantor Indenture means that certain indenture dated as of September 1, 1993 by the Guarantor, as supplemented and amended by a First Supplemental Indenture dated as of August 4, 1994, by a Second Supplemental Indenture dated as of April 7, 1995 and by a Third Supplemental Indenture dated as of June 2, 2006, a copy of which is attached as Exhibit C hereto.
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Guarantor Indenture means that certain indenture dated as of November 1, 1985, between the Guarantor (formerly InterNorth, Inc.) and The Bank of New York, as successor in interest to Xxxxxx Trust and Savings Bank, as Trustee, as supplemented and amended by the First Supplemental Indenture dated as of December 1, 1995, the Supplemental Indenture, dated as of May 8, 1997, by and among Enron Corp., a Delaware corporation, the Guarantor and Xxxxxx Trust and Savings Bank, as Trustee, the Third Supplemental Indenture, dated as of September 1, 1997, between the Guarantor and Xxxxxx Trust and Savings Bank, as Trustee, and the Fourth Supplemental Indenture, dated as of August 17, 1999, between the Guarantor and Xxxxxx Trust and Savings Bank, as Trustee, without giving effect to any further amendment or modification thereof.
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Guarantor Indenture means that certain indenture dated as of September 1, 1993 by the Guarantor, as supplemented and amended by a First Supplemental Indenture dated as of August 4, 1994 and by a Second Supplemental Indenture dated as of April 7, 1995, a copy of which is attached as Exhibit C hereto.
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Related to Guarantor Indenture

  • Senior Indenture means the Senior Indenture dated the date hereof between the Company and , as Trustee, as amended, modified or supplemented from time to time.

  • Senior Subordinated Indenture means the Indenture dated as of October 15, 1997 between the Company and State Street Bank and Trust Company, as trustee, as from time to time amended, restated, supplemented or otherwise modified.

  • Subordinated Indenture means the Subordinated Note Indenture, dated as of ________ __, 19__, between the Depositor and the Indenture Trustee, as supplemented by the Supplemental Indenture.

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Senior Subordinated Note Indenture means the Indenture dated as of May 12, 2009, between the Company and U.S. Bank National Association, as trustee, in respect of the 2020 Senior Subordinated Notes and the 2023 Senior Subordinated Notes, as supplemented and amended from time to time.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Second Lien Indenture has the meaning set forth in the recitals.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Guarantor Senior Indebtedness means all indebtedness, obligations or liabilities of the Guarantor, whether outstanding at the date of effectiveness of the Fifth Supplemental Indenture to the Indenture or thereafter incurred, assumed, guaranteed or otherwise created (including, without limitation, interest accruing on or after a bankruptcy or other similar event, whether or not an allowed claim therein), in respect of (A) indebtedness of the Guarantor for money borrowed, (B) indebtedness evidenced by securities, debentures, bonds, notes or other similar instruments issued by the Guarantor, (C) all capital lease obligations of the Guarantor, (D) all obligations of the Guarantor issued or assumed as the deferred purchase price of property, all conditional sale obligations of the Guarantor and all obligations of such obligor under any title retention agreement (but excluding trade accounts payable arising in the ordinary course of business), (E) all obligations of the Guarantor for reimbursement on any letter of credit, banker's acceptance, security purchase facility or similar credit transaction, (F) all obligations of the type referred to in clauses (A) through (E) of other Persons for the payment of which the Guarantor is responsible or liable as obligor, guarantor or otherwise, and (G) all obligations of the type referred to in clauses (A) through (F) of other Persons secured by any lien on any property or asset of the Guarantor (whether or not such obligation is assumed by such obligor), except for any such indebtedness, obligations or liabilities the terms of which expressly provide that such indebtedness, obligation or liability is equal or subordinated in right of payment to the Guarantor's guarantee with respect to the Subject Securities, as the case may be. For greater certainty, "Guarantor Senior Indebtedness" includes all indebtedness, obligations or liabilities between or among the Guarantor and its Affiliates, except for such indebtedness, obligations or liabilities the terms of which expressly provide that such indebtedness, obligation or liability is equal or subordinated in right of payment to the Guarantor's guarantee with respect to the Subject Securities, as the case may be.

  • Senior Secured Notes Indenture means (i) the Indenture dated October 8, 2014, among the Borrowers, the guarantors party thereto and the Trustee or (ii) if Senior Secured Notes are issued pursuant to clause (ii) of the definition thereof, the loan agreement or indenture governing such Senior Secured Notes.

  • Indenture means this Indenture, as amended or supplemented from time to time.

  • Original Indenture has the meaning specified in the first paragraph of this Supplemental Indenture.

  • Debenture Indenture means the Indenture, dated as of December 1, 1989, between United Parcel Service of America, Inc. and Chemical Bank pursuant to which the 8-3/8% Debentures Due April 1, 2020 were issued, as in effect on the date of this Agreement (without giving effect to any amendment, supplement or other modification thereto, any repayment or covenant defeasance thereunder or any termination thereof), a copy of which is attached as Exhibit F hereto.

  • Guarantor Senior Debt of a Subsidiary Guarantor means all Obligations with respect to any Indebtedness of such Subsidiary Guarantor, whether outstanding on the Issue Date or thereafter created, incurred or assumed, unless, in the case of any particular Indebtedness, the instrument creating or evidencing the same or pursuant to which the same is outstanding expressly provides that such Indebtedness shall be on a parity with or subordinated in right of payment to such Subsidiary Guarantor's Guarantee. Without limiting the generality of the foregoing, (x) "Guarantor Senior Debt" shall include the principal of, premium, if any, and interest on all Obligations of every nature of such Subsidiary Guarantor from time to time owed to the lenders under the Partnership Credit Facility, including, without limitation, principal of and interest on, and all fees, indemnities and expenses payable by such Subsidiary Guarantor under, the Partnership Credit Facility, and (y) in the case of amounts owing by such Subsidiary Guarantor under the Partnership Credit Facility and guarantees of Designated Senior Indebtedness, "Guarantor Senior Debt" shall include interest accruing thereon subsequent to the occurrence of any Event of Default specified in clause (h) or (i) of Section 6.01 relating to such Subsidiary Guarantor, whether or not the claim for such interest is allowed under any applicable Bankruptcy Law. Notwithstanding the foregoing, "Guarantor Senior Indebtedness" shall not include (i) Indebtedness evidenced by the Notes or the Guarantees, (ii) Indebtedness that is expressly subordinate or junior in right of payment to any other Indebtedness of such Subsidiary Guarantor, (iii) any liability for federal, state, local or other taxes owed or owing by such Subsidiary Guarantor, (iv) Indebtedness of such Subsidiary Guarantor to the Partnership or a Subsidiary of the Partnership or any other Affiliate of the Partnership, (v) any trade payables of such Subsidiary Guarantor, and (vi) any Indebtedness which is incurred by such Subsidiary Guarantor in violation of this Indenture.

  • Subsidiary Guarantee Agreement means the Subsidiary Guarantee Agreement, substantially in the form of Exhibit D, made by the Subsidiary Loan Parties in favor of the Administrative Agent for the benefit of the Lenders.

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Senior Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith.

  • Master Indenture means this Master Trust Indenture, as amended and supplemented from time to time in accordance with the provisions hereof.

  • New Indenture has the meaning set forth in the Recitals.

  • Base Indenture has the meaning provided in the recitals.

  • Operative Indentures means, as of any date, each “Indenture” (as such term is defined in the Note Purchase Agreement), including the Indenture, whether or not any other “Indenture” shall have been entered into before or after the date of the Indenture, but only if as of such date all “Equipment Notes” (as defined in each such “Indenture”) are held by the “Subordination Agent” under the “Intercreditor Agreement”, as such terms are defined in each such “Indenture”.

  • Note Indenture means the Note Indenture dated as of May 17, 2001, between the Note Issuer and the Note Trustee, as the same may be amended and supplemented from time to time.

  • Subsidiary Guarantees means the guarantees of each Subsidiary Guarantor as provided in Article Thirteen.

  • New Securities Indenture means an indenture between the Company and the New Securities Trustee, identical in all material respects to the Indenture (except that the transfer restrictions shall be modified or eliminated, as appropriate), which may be the Indenture if in the terms thereof appropriate provision is made for the New Securities.

  • First Mortgage Indenture means a first mortgage indenture pursuant to which any Borrower or any Subsidiary of any Borrower may issue bonds, notes or similar instruments secured by a lien on all or substantially all of such Borrower’s or such Subsidiary’s fixed assets, as the case may be.