Additional Subsidiary Guarantors. (a) The Company may cause any of its Subsidiaries to become a Subsidiary Guarantor with respect to the Securities by executing and delivering to the Trustee (a) a supplemental indenture, in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Subsidiary Guarantor and (b) an Opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion).
Appears in 7 contracts
Samples: Indenture (Intermagnetics General Corp), Indenture (Top Tankers Inc.), Top Tankers Inc.
Additional Subsidiary Guarantors. (a) The Company Any person may cause any of its Subsidiaries to become a Subsidiary Guarantor with respect to the Securities by executing and delivering to the Trustee (a) a supplemental indenture, indenture in form and substance satisfactory to the Trustee, which subjects such Person person to the provisions (including the representations and warranties) of this Indenture as a Subsidiary Guarantor Guarantor, and (b) an Opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person person and constitutes the legal, valid, binding and enforceable obligation of such Person person (subject to such customary exceptions concerning fraudulent conveyance laws, creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion).
Appears in 5 contracts
Samples: Indenture (International Truck & Engine Corp), Navistar International Corp /De/New, Navistar Financial Corp
Additional Subsidiary Guarantors. (a) The Company may cause any of its Subsidiaries to become a Subsidiary Guarantor with respect to the Securities by executing and delivering to the Trustee (a) a supplemental indenture, in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Subsidiary Guarantor and (b) an Opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' β rights and equitable principles as may be acceptable to the Trustee in its discretion).
Appears in 3 contracts
Samples: Indenture (Teucarrier (No. 3) Corp.), Indenture (Neutron Marine Corp.), Neutron Marine Corp.
Additional Subsidiary Guarantors. (a) The Any Restricted Subsidiary of the Company may cause any of its Subsidiaries which is required pursuant to Section 4.19 to become a Subsidiary Guarantor with respect to the Securities by executing shall execute and delivering deliver to the Trustee (a) a supplemental indenture, indenture in form and substance reasonably satisfactory to the Trustee, Trustee which subjects such Person Restricted Subsidiary to the provisions (including the representations and warranties) of this Indenture as a Subsidiary Guarantor Guarantor, and (b) an Opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person Restricted Subsidiary and constitutes the legal, valid, binding and enforceable obligation of such Person Restricted Subsidiary (subject to such customary exceptions concerning fraudulent conveyance laws, creditors' rights and equitable principles as may be acceptable to the Trustee in its discretionprinciples).
Appears in 2 contracts
Samples: Frontiervision Holdings Capital Corp, Frontiervision Capital Corp
Additional Subsidiary Guarantors. (a) The Company Any Person may cause any of its Subsidiaries to become a Subsidiary Guarantor with respect to the Securities by executing and delivering to the Trustee (a) a supplemental indenture, indenture in form and substance satisfactory to the Trustee, Trustee which subjects such Person to the provisions (including the representations and warranties) of this Supplemental Indenture as a Subsidiary Guarantor Guarantor, and (b) an Opinion opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning fraudulent conveyance laws, creditors' β rights and equitable principles as may be acceptable to the Trustee in its discretion).
Appears in 2 contracts
Samples: Eighth Supplemental Indenture (Beazer Homes Usa Inc), Indenture (Beazer Homes Usa Inc)
Additional Subsidiary Guarantors. (a) The Company may cause any Any Restricted Subsidiary of its Subsidiaries the Issuer which is required pursuant to Section 4.19 to become a Subsidiary Guarantor with respect to the Securities by executing shall execute and delivering deliver to the Trustee (a) a supplemental indenture, indenture in form and substance reasonably satisfactory to the Trustee, Trustee which subjects such Person Restricted Subsidiary to the provisions (including the representations and warranties) of this Indenture as a Subsidiary Guarantor Guarantor, and (b) an Opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person Restricted Subsidiary and constitutes the legal, valid, binding and enforceable obligation of such Person Restricted Subsidiary (subject to such customary exceptions concerning fraudulent conveyance laws, creditors' rights and equitable principles as may be acceptable to the Trustee in its discretionprinciples).
Appears in 1 contract
Samples: Black Creek Management LLC
Additional Subsidiary Guarantors. (a) The Company Any Person that was not a Subsidiary Guarantor on the date of this Indenture may cause any of its Subsidiaries to become a Subsidiary Guarantor with respect to the Securities by executing and delivering to the Trustee (a) a supplemental indenture, indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including including, without limitation, the representations and warrantieswarranties in this Article 11 and Article 12) of this Indenture as a Subsidiary Guarantor and (b) an Opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion).. The Subsidiary
Appears in 1 contract
Samples: Resort at Summerlin Inc
Additional Subsidiary Guarantors. (a) The Company may cause any of its Subsidiaries Subsidiary to become a Subsidiary Guarantor with respect to the Securities by executing and delivering to the Trustee (a) a supplemental indenture, in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Subsidiary Guarantor and (b) an Opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion).
Appears in 1 contract
Additional Subsidiary Guarantors. (a) The Any Restricted Subsidiary of the Company may cause any of its Subsidiaries which is required pursuant to Section 4.19 to become a Subsidiary Guarantor with respect to the Securities by executing shall execute and delivering deliver to the Trustee (a) a supplemental indenture, indenture in form and substance reasonably satisfactory to the Trustee, Trustee which subjects such Person Restricted Subsidiary to the provisions (including the representations and warranties) of this Indenture as a Subsidiary Guarantor Guarantor, and (b) an Opinion of Counsel to the effect that such supplemental indenture inden- ture has been duly authorized and executed by such Person Restricted Subsidiary and constitutes the legal, valid, binding and enforceable obligation of such Person Restricted Subsidiary (subject to such customary exceptions concerning fraudulent conveyance laws, creditors' rights and equitable principles as may be acceptable to the Trustee in its discretionprinciples).
Appears in 1 contract
Additional Subsidiary Guarantors. (a) The Company may shall cause any Person that becomes a Restricted Subsidiary after the date of its Subsidiaries this Indenture to become a Subsidiary Guarantor with respect to the Securities Securities. Any such Person shall become a Subsidiary Guarantor by executing and delivering to the Trustee (a) a supplemental indenture, in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Subsidiary Guarantor and (b) an Opinion of Counsel to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be reasonably acceptable to the Trustee in its discretion).
Appears in 1 contract
Samples: Indenture (All Star Gas Corp)