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, HSH Nordbank AG, New York Branch 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 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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Examples of Guarantor Indenture in a sentence

  • 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.

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

  • 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).

  • 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.

  • Amounts may be withdrawn from the Lessee Funded Account only in accordance with the provisions of this Indenture, any Guarantor Indenture and the Administrative Agency Agreement and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

  • The Security Trustee shall provide a certificate or notice regarding adherence to the LTV Ratio and the Concentration Limits, upon reasonable request, to the Servicer, Issuer, Guarantor, Indenture Trustee or Credit Facility Agent, and the parties receiving such certificate or notice shall be entitled to rely on such certificate or notice to satisfy the requirement of any provision in this Agreement, the Indenture, the Credit Facility Agreement or the Servicing Agreement.

  • Owner Participant, Owner Trustee, Owner Trustee Parent ---------------- Guarantor, Indenture Trustee, Initial Note Purchaser, Lessee, Guarantor, Seller and Xxxxxx Services shall have received an opinion, dated the Closing Date, in form and substance reasonably satisfactory to them, from Day, Xxxxx & Xxxxxx, special counsel for Owner Trustee and Owner Trustee Parent Guarantor.

  • Fail to perform and observe any term, covenant or agreement contained in Section 1007 of the Guarantor Indenture (as modified for purposes hereof as set forth in the proviso to the next sentence hereof).

  • 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”).


More Definitions of Guarantor Indenture

Guarantor Indenture has the meaning given to such term in Section 12.02 hereof.
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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 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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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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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 June 11, 2003, among Xxxxxxxxx Technologies Corporation, as issuer, the subsidiary guarantors party thereto, and The Bank of New York, as trustee, pursuant to which the Senior Subordinated Notes shall have been issued, as amended or otherwise modified to the extent permitted under Section 5.02(j).

  • 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 the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.

  • Subordinated Note Indenture means the indenture or indentures, pursuant to which the Subordinated Notes are issued, as such indenture or indentures may be amended from time to time to the extent permitted under subsection 7.12B.

  • 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 is defined as the principal of, premium, if any, and interest (including interest accruing after the filing of a petition initiating any proceeding under any state, federal or foreign bankruptcy laws whether or not allowable as a claim in such proceeding) on any Indebtedness of any Guarantor (other than as otherwise provided in this definition), whether outstanding on the date of this Indenture or thereafter created, incurred or assumed, and whether at any time owing, actually or contingent, 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 not be senior in right of payment to any Guarantee. Without limiting the generality of the foregoing, “Guarantor Senior Indebtedness” shall include (i) the principal of, premium, if any, and interest (including interest accruing after the filing of a petition initiating any proceeding under any state, federal or foreign bankruptcy law whether or not allowable as a claim in such proceeding) and all other obligations of every nature of any Guarantor from time to time owed to the lenders (or their agent) under the Bank Credit Agreement; provided, however, that any Indebtedness under any refinancing, refunding or replacement of the Bank Credit Agreement shall not constitute Guarantor Senior Indebtedness to the extent that the Indebtedness thereunder is by its express terms subordinate to any other Indebtedness of any Guarantor, (ii) Indebtedness evidenced by any guarantee of the Founders’ Notes and (iii) Indebtedness under Interest Rate Agreements. Notwithstanding the foregoing, “Guarantor Senior Indebtedness” shall not include (i) Indebtedness evidenced by the Guarantees, (ii) Indebtedness that is subordinate or junior in right of payment to any Indebtedness of any Guarantor, (iii) Indebtedness which when incurred and without respect to any election under Section 1111(b) of Title 11 of the United States Code, is without recourse to any Guarantor, (iv) Indebtedness which is represented by Disqualified Equity Interests, (v) any liability for foreign, federal, state, local or other taxes owed or owing by any Guarantor to the extent such liability constitutes Indebtedness, (vi) Indebtedness of any Guarantor to a Subsidiary or any other Affiliate of the Company or any of such Affiliate’s subsidiaries, (vii) Indebtedness evidenced by any guarantee of any Subordinated Indebtedness or Pari Passu Indebtedness, (viii) that portion of any Indebtedness which at the time of issuance is issued in violation of this Indenture, and (ix) Indebtedness owed by any Guarantor for compensation to employees or for services.

  • 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 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 I, made by the Subsidiary Guarantors in favor of the Collateral Agent for the benefit of the Secured Parties.

  • 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.