Common use of Execution and Delivery of Guarantees Clause in Contracts

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 18 contracts

Samples: Indenture (Lamar Advertising Co/New), Lamar Advertising Co/New, Lamar Advertising Co/New

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Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee shall may be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 7 contracts

Samples: Indenture (Skyterra Communications Inc), Mobile Satellite (Skyterra Communications Inc), Indenture (Skyterra Communications Inc)

Execution and Delivery of Guarantees. To further evidence the its Guarantee set forth in this Article 10Section 11.01 hereof, each Guarantor hereby agrees that a notation of such Guarantee shall be placed endorsed on each Note Security authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer authorized officer of each such Guarantor. Each Guarantor hereby agrees that the its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note Security a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on the Guarantee this Indenture or a Security no longer holds that office at the time the Trustee authenticates the Note on which the such Security or at any time thereafter, such Guarantor's Guarantee is endorsed, the Guarantee of such Security shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 6 contracts

Samples: Indenture (Murco Drilling Corp), Indenture (Yellow Corp), Yellow Roadway Corp

Execution and Delivery of Guarantees. To further evidence the Guarantee set forth in this Article 10Guarantees, each Guarantor hereby agrees that a notation of relating to such Guarantee Guarantees shall be placed endorsed on each Note Security authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer of each Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note Security a notation of relating to such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee this Indenture or a Security no longer holds that office at the time the Trustee authenticates the Note on which the such Security or at any time thereafter, such Guarantor's Guarantee is endorsed, the Guarantee of such Security shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 5 contracts

Samples: Supplemental Indenture (R&b Falcon Corp), Indenture (Fiber Glass Systems Lp), Indenture (Pure Resources Inc)

Execution and Delivery of Guarantees. To further evidence the Guarantee set forth in this Article 1011, each Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee shall be placed on each Senior Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 4 contracts

Samples: Genesis Health (Genesis Health Ventures Inc /Pa), Indenture (Raintree Healthcare Corp), Indenture (Genesis Health Ventures Inc /Pa)

Execution and Delivery of Guarantees. To further evidence the Guarantee set forth in this Article 1011, each Guarantor shall execute a Guarantee in the form included as part of Exhibit A hereto and hereby agrees that a notation of such Guarantee shall be placed on each Senior Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each GuarantorGuarantor or its duly appointed agent. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 11.1 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 4 contracts

Samples: Execution (Mariner Health Care Inc), Indenture (Mariner Post Acute Network Inc), Indenture (Mariner Post Acute Network Inc)

Execution and Delivery of Guarantees. To evidence the Guarantee Guarantees set forth in this Article 10Section 10.1 hereof, each Guarantor hereby of the Guarantors agrees that a notation of such Guarantee the Guarantees substantially in the form included in Exhibit A hereto shall be placed endorsed on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each Guarantor of the Guarantors by the manual or facsimile signature of an Officer of each Guarantorof the Guarantors. Each Guarantor hereby agrees of the Guarantors agree that the Guarantee Guarantees set forth in Section 10.01 this Article X shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor whose facsimile signature is on the a Note or a notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 4 contracts

Samples: Indenture (CSK Auto Corp), Indenture (Steinway Musical Instruments Inc), United Musical Instruments Usa Inc

Execution and Delivery of Guarantees. To evidence the Guarantee The Guarantees set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee Section 13.01 shall be placed evidenced by an endorsement, in a form approved by or pursuant to a Supplement Indenture or a Board Resolution, on each Note Security of a series authenticated and made available for delivery delivered by the Trustee and that this Guarantee Trustee. Such Guarantees shall be executed on behalf of each Guarantor the Guarantors by the either manual or of facsimile signature of an Officer officer of each GuarantorGuarantor who shall have been duly authorized to so executed by all requisite corporation action. Each Guarantor The validity and enforceability of any Guarantee shall not be affected by the fact that it is not affixed to any particular Security. The Guarantors hereby agrees agree that the Guarantee set forth in Section 10.01 Guarantees shall remain in full force and effect notwithstanding any failure to endorse on each Note Security a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on the this Indenture or a Guarantee no longer holds that office at the time the Trustee authenticates the Note Security on which the such Guarantee is endorsedendorsed or at any time thereafter, the Guarantor’s Guarantee of such Security shall nevertheless be valid neverthelessvalid. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 3 contracts

Samples: Indenture (Amvescap PLC/London/), Indenture (INVESCO North American Holdings, Inc.), Indenture (IVZ Inc)

Execution and Delivery of Guarantees. To evidence the Guarantee Guarantees set forth in this Article 10Section 12.01 hereof, each Guarantor hereby of the Guarantors agrees that a notation of such Guarantee the Guarantees substantially in the form included in Exhibit A hereto shall be placed endorsed on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each Guarantor the Guarantors by the manual President or facsimile signature one of an Officer the Vice Presidents of each Guarantorthe Guarantors. Each Guarantor hereby agrees of the Guarantors agree that the Guarantee Guarantees set forth in Section 10.01 this Article 12 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor whose facsimile signature is on the Guarantee a Note no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 3 contracts

Samples: Priority Intercreditor Agreement (Trump Indiana Inc), Security Agreement and Fixture Filing (Trump Indiana Inc), Defaults and Remedies (New Pier Operating Co Inc)

Execution and Delivery of Guarantees. To evidence the its Guarantee set forth in this Article 10Section 10.01, each Guarantor hereby agrees that a notation of such Guarantee shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Guarantor by its President, any Executive or Senior Vice President, Treasurer, Assistant Treasurer or one of its Vice Presidents. Further, the manual or facsimile signature of an Officer of each GuarantorCompany shall cause all future Guarantors to execute a supplemental indenture. Each Guarantor hereby agrees that the its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding the absence of the endorsement or any failure to endorse on each Note a notation of such GuaranteeGuarantee on the Notes. If an Officer of a Guarantor whose signature is on the Guarantee this Indenture no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsedNotes, the Guarantee shall be valid nevertheless. The delivery of any Note to which this Article X is applicable by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 3 contracts

Samples: Indenture (Owens Illinois Inc /De/), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)

Execution and Delivery of Guarantees. To evidence the its Guarantee set forth in this Article 10Section 10.01, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form of Exhibit B shall be placed endorsed by an officer of such Guarantor on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Guarantor by the manual its President or facsimile signature one of its Vice Presidents and attested to by an Officer of each GuarantorOfficer. Each Guarantor of the Guarantors, jointly and severally, hereby agrees that the its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an officer or Officer of a Guarantor whose signature is on this Indenture or on the Guarantee of a Guarantor no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee of such Guarantor is endorsed, the Guarantee of such Guarantor shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Indenture (Echostar DBS Corp), Echostar DBS Corp

Execution and Delivery of Guarantees. To evidence the its Guarantee set forth in this Article 10Section 10.01, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form of Exhibit B shall be placed endorsed by an officer of such Guarantor on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Guarantor by the manual its president or facsimile signature one of its vice presidents and attested to by an Officer of each GuarantorOfficer. Each Guarantor of the Guarantors, jointly and severally, hereby agrees that the its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an officer or Officer of a Guarantor whose signature is on this Indenture or on the Guarantee of a Guarantor no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee of such Guarantor is endorsed, the Guarantee of such Guarantor shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Echostar DBS Corp, Echostar Communications Corp

Execution and Delivery of Guarantees. To evidence the Guarantee its Guarantees set forth in this Article 10Section 10.1 hereof, each Guarantor hereby of the Guarantors agrees that a notation of such Guarantee its Guarantees substantially in the form included in Exhibit A hereto shall be placed endorsed on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each Guarantor such Guarantors by the manual or facsimile signature of an Officer of each Guarantorsuch Guarantors. Each Guarantor hereby agrees of the Guarantors agree that the Guarantee its Guarantees set forth in Section 10.01 this Article X shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor whose facsimile signature is on the a Note or a notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: RFS Partnership Lp, RFS Hotel Investors Inc

Execution and Delivery of Guarantees. To further evidence the its Guarantee set forth in this Article 10Section 10.1 hereof, each Guarantor hereby agrees that a notation of such Guarantee shall be placed endorsed on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer authorized officer of each such Guarantor. Each Guarantor hereby agrees that the its Guarantee set forth in Section 10.01 10.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on the Guarantee this Indenture or a Note no longer holds that office at the time the Trustee authenticates the such Note on which the or at any time thereafter, such Guarantor's Guarantee is endorsed, the Guarantee of such Note shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Indenture (PLD Telekom Inc), Indenture (PLD Telekom Inc)

Execution and Delivery of Guarantees. To further evidence the Guarantee Guarantees set forth in this Article 10Section 1401, each Guarantor hereby agrees that a notation of relating to such Guarantee Guarantees shall be placed endorsed on each Note Security authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer two officers of each Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Guarantee set forth in Section 10.01 1401 shall remain in full force and effect notwithstanding any failure to endorse on each Note Security a notation of relating to such Guarantee. If an Officer officer of a Guarantor whose signature is on the Guarantee this Indenture or a Security no longer holds that office at the time the Trustee authenticates the Note on which the such Security or at any time thereafter, such Guarantor's Guarantee is endorsed, the Guarantee of such Security shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Indenture (Kinder Morgan Bulk Terminals Inc), Kinder Morgan Energy Partners L P

Execution and Delivery of Guarantees. To further evidence the its Guarantee set forth in this Article 10Section 11.01 hereof, each Guarantor hereby agrees that a notation of such Guarantee shall be placed endorsed on each Note Security authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer authorized officer of each such Guarantor. Each Guarantor hereby agrees that the its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on the Guarantee this Indenture or a Security no longer holds that office at the time the Trustee authenticates the Note on which the such Security or at any time thereafter, such Guarantor's Guarantee is endorsed, the Guarantee of such Security shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Grey Wolf Inc), Di Industries Inc

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form of Exhibit E hereto shall be placed on each Note authenticated and made available --------- for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of two Officers or an Officer and the Secretary of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Holdings Finance Corp)

Execution and Delivery of Guarantees. To evidence the Guarantee Guarantees set forth in this Article 10Section 10.8 hereof, each Guarantor hereby of the Guarantors agrees that a notation of such Guarantee the Guarantees substantially in the form included in Exhibit A hereto shall be placed endorsed on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each Guarantor of the Guarantors by the manual or facsimile signature of an Officer of each Guarantorof the Guarantors. Each Guarantor hereby agrees of the Guarantors agree that the Guarantee Guarantees set forth in Section 10.01 this Article X shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor whose facsimile signature is on the a Note or a notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Mikohn (Mikohn Gaming Corp), Orbital Sciences Corp /De/

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form of Exhibit E hereto shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of two Officers or an Officer and the Secretary of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Muzak Finance Corp), Business Sound Inc

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form of Exhibit D hereto shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of two Officers or an Officer and the Secretary of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 2 contracts

Samples: Indenture (Muzak Heart & Soul Foundation), Indenture (Muzak LLC)

Execution and Delivery of Guarantees. To evidence the Guarantee Guarantees set forth in this Article 10Section 11.1 hereof, each Guarantor hereby of the Guarantors agrees that (a) a notation of such Guarantee the Guarantees substantially in the form included 109 in Exhibit A hereto shall be placed endorsed on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee (b) a supplemental indenture substantially in the form of Exhibit E hereto shall be executed on behalf of each Guarantor of the Guarantors by the manual or facsimile signature of an Officer of each Guarantorthereof in accordance with Section 11.4 hereof. Each Guarantor hereby of the Guarantors agrees that the Guarantee Guarantees set forth in Section 10.01 this Article XI shall remain in full force and effect and shall apply to all of the Notes notwithstanding any failure to endorse on each Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor whose signature is on the a Note or a notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunderthereof, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Oasis Interval Ownership, LLC)

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee shall be placed on each Note authenticated and made available for delivery by the Trustee and that this 92 -85- Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Outdoor Systems Inc

Execution and Delivery of Guarantees. To further evidence the its Guarantee set forth in this Article 10Section 11.1 hereof, each Guarantor hereby agrees that a notation of such Guarantee shall be placed endorsed on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer authorized officer of each such Guarantor. Each Guarantor hereby agrees that the its Guarantee set forth in Section 10.01 11.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on the Guarantee this Indenture or a Senior Note no longer holds that office at the time the Trustee authenticates the such Senior Note on which the or at any time thereafter, such Guarantor's Guarantee is endorsed, the Guarantee of such Senior Note shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Grey Wolf Inc)

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Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10XIV, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form included in Exhibit D hereto shall be placed on each Note authenticated and made available for delivery by the Trustee to the Registrar and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 14.1 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the TrusteeTrustee to the Registrar, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Sandhills Inc)

Execution and Delivery of Guarantees. To further evidence the its Guarantee set forth in this Article 10Section 12.1 hereof, each Guarantor hereby agrees that a notation of such Guarantee shall be placed endorsed on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer authorized officer of each such Guarantor. Each Guarantor hereby agrees that the its Guarantee set forth in Section 10.01 12.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on the Guarantee this Indenture or a Note no longer holds that office at the time the Trustee authenticates the such Note on which the Guarantee is endorsedor at any time thereafter, the Guarantee such Guarantor's guarantee of such Note shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Harperprints Inc

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form included in Exhibit E hereto shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Petersen Holdings LLC

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 1011, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form included in Exhibit G hereto shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Indenture (Sandhills Inc)

Execution and Delivery of Guarantees. To evidence the Guarantee Guarantees set forth in this Article 10Section 11.01 hereof, each Subsidiary Guarantor hereby agrees that a notation of such Guarantee the Guarantees substantially in the form of Exhibit D shall be placed endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Subsidiary Guarantor by the manual its President or facsimile signature one of an Officer of each Guarantorits Vice Presidents. Each Subsidiary Guarantor hereby agrees that the Guarantee Guarantees set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranteethe Guarantees. If an Officer of a Guarantor or Officer whose signature is on this Indenture or on the Guarantee Guarantees no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is notation of the Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.

Appears in 1 contract

Samples: Indenture (El Paso Energy Partners Deepwater LLC)

Execution and Delivery of Guarantees. To evidence the Guarantee The Guarantees set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee Section 14.01 shall be placed evidenced by an endorsement, in a form approved by or pursuant to a Supplement Indenture or a Board Resolution, on each Note Security of a series authenticated and made available for delivery delivered by the Trustee and that this Guarantee Trustee. Such Guarantees shall be executed on behalf of each Guarantor the Guarantors by the either manual or of facsimile signature of an Officer officer of each GuarantorGuarantor who shall have been duly authorized to so executed by all requisite corporation action. Each Guarantor The validity and enforceability of any Guarantee shall not be affected by the fact that it is not affixed to any particular Security. The Guarantors hereby agrees agree that the Guarantee set forth in Section 10.01 Guarantees shall remain in full force and effect notwithstanding any failure to endorse on each Note Security a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on the this Indenture or a Guarantee no longer holds that office at the time the Trustee authenticates the Note Security on which the such Guarantee is endorsedendorsed or at any time thereafter, the Guarantor’s Guarantee of such Security shall nevertheless be valid neverthelessvalid. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (IVZ Inc)

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee substantially in the form included in Exhibit G hereto shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Ski Lifts Inc

Execution and Delivery of Guarantees. To evidence the Guarantee Guarantees set forth in this Article 10Section 10.1 hereof, each Guarantor hereby of the Guarantors agrees that a notation of such Guarantee the Guarantees substantially in the form included in Exhibit A hereto shall be placed endorsed on each Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee Indenture shall be executed on behalf of each Guarantor of the Guarantors by the manual or facsimile signature of an Officer of each Guarantorof the Guarantors. Each Guarantor hereby agrees of the Guarantors agree that the Guarantee Guarantees set forth in Section 10.01 this Article X shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Guaranteethe Guarantees. 101 If an Officer of a Guarantor whose facsimile signature is on the a Note or a notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is Guarantees are endorsed, the Guarantee Guarantees shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Panolam Industries Inc

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. 91 -83- The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Hayes Lemmerz International Inc

Execution and Delivery of Guarantees. To evidence its Guarantee set forth in Section 10.1 hereof, each of the Guarantors agrees that a notation of its Guarantee substantially in the form included in Exhibit A hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an Officer of such Guarantor. Each of the Guarantors agree that its Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 X shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such its Guarantee. If an Officer of a Guarantor whose facsimile signature is on the a Note or a notation of Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Herbalife International Inc

Execution and Delivery of Guarantees. To further evidence the Guarantee set forth in this Article 10Section 13.1 hereof, each Guarantor the Company hereby agrees that a notation of such the Guarantee shall be placed endorsed on each Secured Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer authorized officer of each such Guarantor. Each Guarantor The Company hereby agrees that the Company's Guarantee set forth in Section 10.01 13.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Secured Note a notation of such the Guarantee. If an Officer of a Guarantor the Company whose signature is on the Guarantee this Indenture or a Secured Note no longer holds that office at the time the Trustee authenticates the such Secured Note on which the Guarantee is endorsedor at any time thereafter, the Company's Guarantee of such Secured Note shall be valid nevertheless. The delivery of any Secured Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantorthe Company.

Appears in 1 contract

Samples: R&b Falcon Corp

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor shall execute a Guarantee in the form of Exhibit E hereto and hereby agrees that a notation of such Guarantee shall be placed on each Senior Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Unison Healthcare Corp

Execution and Delivery of Guarantees. To evidence the Guarantee set forth in this Article 10, each Guarantor hereby agrees that a notation of such Guarantee shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the manual or facsimile signature of an Officer of each Guarantor. Each Guarantor hereby agrees that the Guarantee set forth in Section 10.01 10.1 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsed, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Indenture (McClatchy Co)

Execution and Delivery of Guarantees. To further evidence the its Guarantee set forth in this Article 10Section 12.1 hereof, each Guarantor hereby agrees that a notation of such Guarantee shall be placed endorsed on each Senior Note authenticated and made available for delivery delivered by the Trustee and that this Guarantee shall be executed on behalf of each Guarantor by the either manual or facsimile signature of an Officer authorized officer of each such Guarantor. Each Guarantor hereby agrees that the its Guarantee set forth in Section 10.01 12.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Guarantee. If an Officer officer of a Guarantor whose signature is on the Guarantee this Indenture or a Senior Note no longer holds that office at the time the Trustee authenticates the such Senior Note on which the Guarantee is endorsedor at any time thereafter, the Guarantee such Guarantor's guarantee of such Senior Note shall be valid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (Hvide Marine Inc)

Execution and Delivery of Guarantees. To evidence the its Guarantee set forth in this Article 10Section 10.01, each Guarantor hereby agrees that a notation of such Guarantee shall be placed on each Note authenticated and made available for delivery by the Trustee and that this Guarantee Indenture shall be executed on behalf of each such Guarantor by the manual Chief Executive Officer, the President, the Chief Operating Officer, the Chief Financial Officer, the Treasurer, any Assistant Treasurer, the Controller, the Secretary or facsimile signature any Vice-President of an Officer of each such Guarantor, as the case may be. Each Guarantor hereby agrees that the its Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee. If an Officer of a Guarantor whose signature is on the Guarantee this Indenture no longer holds that office at the time the Trustee authenticates the Note on which the Guarantee is endorsedany Notes, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Nexstar Broadcasting Group Inc

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