GUARANTEES OF SECURITIES. 60 SECTION 1501.
GUARANTEES OF SECURITIES. SECTION 9.01. Unconditional Guarantees 59 SECTION 9.02. Execution and Delivery of Notation of Guarantees 61 ARTICLE X REDEMPTION SECTION 10.01. Notices to Trustee 61 SECTION 10.02. Selection of Securities to be Redeemed 62 SECTION 10.03. Notices to Holders 62 SECTION 10.04. Effect of Notices of Redemption 63 SECTION 10.05. Deposit of Redemption Price 63 SECTION 10.06. Securities Redeemed in Part 64 SECTION 10.07. Optional Redemption 64 ARTICLE XI MISCELLANEOUS SECTION 11.01. Trust Indenture Act Controls 64 SECTION 11.02. Notices 64 SECTION 11.03. Communication by Holders with Other Holders 65 SECTION 11.04. Certificate and Opinion as to Conditions Precedent 66 SECTION 11.05. Statements Required in Certificate or Opinion 66 SECTION 11.06. Rules by Trustee and Agents 66 SECTION 11.07. Legal Holidays 66 SECTION 11.08. No Recourse Against Others 66 SECTION 11.09. Governing Law; Jury Trial Waiver 67 SECTION 11.10. Consent to Jurisdiction and Service of Process 67 SECTION 11.11. Waiver of Immunity 67 SECTION 11.12. Judgment Currency 68 SECTION 11.13. No Adverse Interpretation of Other Agreements 68 SECTION 11.14. Successors 68 SECTION 11.15. Severability 68 SECTION 11.16. Counterpart Originals 68 SECTION 11.17. U.S.A. Patriot Act 68 SECTION 11.18. Force Majeure 68 SECTION 11.19. Table of Contents, Headings, etc. 69 EXHIBITS EXHIBIT A Form of Note A-1 EXHIBIT B Form of Certificate of Transfer B-1 EXHIBIT C Form of Certificate of Exchange C-1 THIS INDENTURE dated as of January 23, 2018, is among Xxxxxx Industries, Inc., a Delaware corporation (the “Company”), Xxxxxx Industries Ltd., a Bermuda exempted company (the “Guarantor”), Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”), and Citibank, N.A., a national banking association, as paying agent, registrar, securities custodian and authenticating agent (the “Securities Administrator”). Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the Holders (as defined hereinafter) of (i) $800,000,000 in aggregate principal amount of the Company’s 5.75% Senior Notes due 2025 issued on the date hereof (the “Initial Securities”), (ii) any Additional Securities (as defined herein) issued by the Company hereafter and (iv) if and when issued in exchange for the Initial Securities or any Additional Securities as provided in a Registration Rights Agreement (as hereinafter defined), the Company’s Exchange Securities (as hereinaft...
GUARANTEES OF SECURITIES. Section 12.01. Unconditional Guarantees 74 Section 12.02 Execution and Delivery of Notation of Guarantees 76 ARTICLE XIII
GUARANTEES OF SECURITIES. Any series of Securities may be guaranteed by one or more of the Guarantor and any other Guarantor. The terms and the form of any such Guarantee will be established in the manner contemplated by Section 2.02 for that particular series of Securities.
GUARANTEES OF SECURITIES. Section 9.01
GUARANTEES OF SECURITIES. SECTION 9.01. Unconditional Guarantees. 61 Page SECTION 9.02. Execution and Delivery of Notation of Guarantees. 63 SECTION 9.03. Releases of Guarantors. 64 ARTICLE X REDEMPTION SECTION 10.01. Notices to Trustee. 65
GUARANTEES OF SECURITIES. 42 ----------------------------------
GUARANTEES OF SECURITIES. Section 12.01. Unconditional Guarantees 67 Section 12.02. Execution and Delivery of Notation of Guarantees 69 ARTICLE XIII MISCELLANEOUS PROVISIONS Section 13.01. Successors and Assigns of Company Bound by Indenture 69 Section 13.02. Acts of Board, Committee or Officer of Successor Company Valid 69 Section 13.03. Required Notices or Demands 69 Section 13.04. Indenture and Debt Securities to be Construed in Accordance with the Laws of the State of New York 70 Section 13.05. Officers' Certificate and Opinion of Counsel to be Furnished upon Application or Demand by the Company or Guarantor 71 Section 13.06. Payments Due on Legal Holidays 71 Section 13.07. Provisions Required by TIA to Control 71 Section 13.08. Computation of Interest on Debt Securities 71 Section 13.09. Rules by Trustee, Paying Agent and Xxxxxxxxx 00 Section 13.10. No Recourse Against Others 71 Section 13.11. Severability 72 Section 13.12. Effect of Headings 72 Section 13.13. Indenture May Be Executed in Counterparts 72 INDENTURE dated as of among Xxxxxx Resources, Inc., a Maryland corporation (the "Company"), Xxxxxx Resources of California, Inc., a California corporation (the "Guarantor"), and The Bank of New York Mellon, a New York banking corporation, as trustee (the "Trustee").
GUARANTEES OF SECURITIES. SECTION 1501. Applicability of Article....................................................75 SECTION 1502.
GUARANTEES OF SECURITIES. Section 9.01 Applicability of Article 47 Section 9.02 Limitation on Subsidiary Guarantor Liability 48 Section 9.03 Jointly and Severally 48 Section 9.04 Unconditional Guarantees 48 ARTICLE X.
