Common use of Execution and Delivery of Guaranty Clause in Contracts

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof, each Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note on which a Guaranty is endorsed, the Guaranty will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantors.

Appears in 5 contracts

Samples: Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.)

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Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 hereof13.1, each Guarantor hereby agrees that a notation of such Guaranty in substantially in the form included in Exhibit A attached as Exhibit E hereto will shall be endorsed by an Officer officer of such the Guarantor on each Note Security authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such the Guarantor by its president or one of its Officersvice presidents. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 13.1 shall remain in full force and effect notwithstanding any failure to endorse on each Note Security a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note Security on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantors.Guarantor. ARTICLE FOURTEEN

Appears in 2 contracts

Samples: Navistar International Corp, Navistar International Corp

Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 hereof8.1, each the Guarantor hereby agrees that a notation of such the Guaranty substantially in the form attached as included in Exhibit E hereto will B shall be endorsed by an Officer of such the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such the Guarantor by one an Officer of its Officersthe Guarantor. Each The Guarantor hereby agrees that its the Guaranty set forth in Section 11.01 hereof will 8.1 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such the Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note on which a the Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Sabra Health Care REIT, Inc.), Sabra Health Care Limited Partnership (Sabra Health Care REIT, Inc.)

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof, each Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached as Exhibit E hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will be executed on behalf of such Guarantor by one of its Officers. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note on which a Guaranty is endorsed, the Guaranty will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantors. In the event that the Company or any of its Subsidiaries creates or acquires any Material Restricted Subsidiary after the date of this Indenture, if required by Section 4.18 hereof, the Company will cause such Material Restricted Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 11, to the extent applicable.

Appears in 2 contracts

Samples: Letter Agreement (Pinnacle Entertainment Inc), Letter Agreement (Casino One Corp)

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof8.1, each Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached as included in Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by one of its Officersan Officer. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 8.1 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantors.

Appears in 2 contracts

Samples: Sabra Health (Sabra Health Care REIT, Inc.), First Supplemental Indenture (Sabra Health Care REIT, Inc.)

Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 hereof10.7, the Company and each Guarantor hereby agrees that (a) a notation of such Guaranty substantially in the form attached as set forth on Exhibit E C hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will such endorsement shall be executed on behalf of such each Guarantor by its Chairman of the Board, President, Chief Financial Officer, Chief Operating Officer, Treasurer, Secretary or any Vice President and (b) a counterpart signature page to this Indenture shall be executed on behalf of each Guarantor by its Chairman of the Board, President or one of its OfficersVice Presidents and attested to by another officer acknowledging such Guarantor's agreement to be bound by the provisions hereof and thereof. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 10.7 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note Notes on which a Guaranty is endorsed, the Guaranty will shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 2 contracts

Samples: Indenture (Atlantic Express Transportation Corp), Indenture (Atlantic Express Transportation Corp)

Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 hereof10.7, the Issuers and each Guarantor hereby agrees that (a) a notation of such Guaranty substantially in the form attached as set forth on Exhibit E C hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee, (b) such endorsement shall be executed on behalf of such each Guarantor by its Chairman of the Board, President, Chief Financial Officer, Chief Operating Officer, Treasurer, Secretary or any Vice President and (c) a counterpart signature page to this Indenture shall be executed on behalf of each Guarantor by its Chairman of the Board, President or one of its OfficersVice Presidents and attested to by another officer acknowledging such Guarantor's agreement to be bound by the provisions hereof and thereof. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 10.7 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note Notes on which a Guaranty is endorsed, the Guaranty will shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 1 contract

Samples: Majestic Star Casino LLC

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof11.1, each the Subsidiary Guarantor hereby agrees that a notation of such its Guaranty substantially in the form attached as Exhibit E hereto will set forth in Section 2.1 hereof shall be endorsed by an Officer of such Guarantor on each Note Security authenticated and delivered by the Trustee and that this Indenture will such endorsement shall be executed on behalf of such the Subsidiary Guarantor by one an Officer or a holder of its Officersa power of attorney authorized to execute the Guaranty by manual or facsimile signature. Each The Subsidiary Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 11.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Note Security a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty a Security no longer holds that office at the time the Trustee authenticates the Note Security on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsSubsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Cone Mills Corp)

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof11.1, each Subsidiary Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached as Exhibit E hereto will set forth in Section 11.1 hereof shall be endorsed by an Officer of such Guarantor on each Note Security authenticated and delivered by the Trustee and that this Indenture will such endorsement shall be executed on behalf of such the Subsidiary Guarantor by one an Officer or a holder of its Officersa power of attorney authorized to execute the Guaranty by manual or facsimile signature. Each Subsidiary Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 11.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Note Security a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty a Security no longer holds that office at the time the Trustee authenticates the Note Security on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 1 contract

Samples: Cone Mills Corp

Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 hereof10.2, the Company and each Guarantor hereby agrees that (a) a notation of such Guaranty substantially in the form as set forth on Exhibit C attached as Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will such endorsement shall be executed on behalf of such each Guarantor by its Chairman of the Board, President, Chief Financial Officer, Chief Operating Officer, Treasurer, Secretary or any Vice-President and (b) a counterpart signature page to this Indenture shall be executed on behalf of each Guarantor by its Chairman of the Board, President or one of its OfficersVice Presidents and attested to by another officer acknowledging such Guarantor's agreement to be bound by the provisions hereof and thereof. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 10.7 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note Notes on which a Guaranty is endorsed, the Guaranty will shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 1 contract

Samples: Indenture (Clark Material Handling Co)

Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 11.1 hereof, each Guarantor hereby of the Guarantors agrees that a notation of such Guaranty Guarantee substantially in the form attached as of the Guaranty included in Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor the 104 Guarantors by the Chairman of the Board, any Vice Chairman, the President or one of its Officersthe Vice Presidents of the Guarantors. Each Guarantor hereby of the Guarantors agrees that its Guaranty the Guarantee set forth in Section 11.01 hereof this Article 11 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such Guarantythe Guarantee. If an Officer whose facsimile signature is on this Indenture or on the Guaranty a Note no longer holds that office at the time the Trustee authenticates the Note on to which a the Guaranty is endorsedrelates, the Guaranty will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Bell Sports Corp

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof13.2, each Guarantor hereby agrees that a notation of such the Guaranty substantially in the form attached annexed hereto as Exhibit E hereto will shall be endorsed by an Officer of such Guarantor on each Note Security authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such the Guarantor by one of its Officerstwo Officers or an Officer and an Assistant Secretary by manual or facsimile signature. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 13.2 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Note Security a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty a Security no longer holds that office at the time the Trustee authenticates the Note Security on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of that the Guaranty set forth in this Indenture on behalf of the Guarantorseach Guarantor.

Appears in 1 contract

Samples: Pledge Agreement (Capital Gaming International Inc /Nj/)

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof10.01, each Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached as included in Exhibit E hereto will D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by one of its Officersan Officer. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Sabra Health Care REIT, Inc.

Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 hereof10.7, the Company and each Guarantor of the Guarantors hereby agrees agree that (a) a notation of such Guaranty substantially in the form attached as set forth on Exhibit E C hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will such endorsement shall be executed on behalf of such each Guarantor by its Chairman of the Board, President, Chief Financial Officer, Chief Operating Officer, Treasurer, Secretary or any Vice-President and (b) a counterpart signature page to this Indenture shall be executed on behalf of each Guarantor by its Chairman of the Board, President or one of its OfficersVice Presidents and attested to by another officer acknowledging such Guarantor's agreement to be bound by the provisions hereof and thereof. Each Guarantor of the Guarantors hereby agrees that its Guaranty set forth in Section 11.01 hereof will 10.7 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note Notes on which a Guaranty is endorsed, the Guaranty will shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 1 contract

Samples: Terex Corp

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Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereofBy executing a Guaranty, each Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached as Exhibit E hereto will is agreeing to be endorsed by an Officer of such Guarantor on each Note authenticated and delivered bound by the Trustee provisions of this Section 32 and all the other provisions of this Agreement that this Indenture will be are applicable to Guarantors. Such Guaranty has been executed on behalf of such each Guarantor by one either manual or facsimile signature of its Officersan officer of each Guarantor, each of whom, in each case, shall have been duly authorized to so execute by all requisite corporate action. Each Guarantor hereby agrees The validity and enforceability of any Guaranty shall not be affected by the fact that its Guaranty set forth in Section 11.01 hereof will remain in full force and effect notwithstanding it is not affixed to any failure to endorse on each Note a notation of such Guarantyor Notes. If an Officer officer of a Guarantor whose signature is on this Indenture Agreement or on the a Guaranty no longer holds that office at the time the Trustee JPMorgan authenticates the Note on which a such Guaranty is endorsedendorsed or at any time thereafter, the such Guarantor’s Guaranty will of such Note shall be valid nevertheless. The delivery of any Note by the TrusteeJPMorgan, after the authentication thereof hereunder, will shall constitute due delivery of the any Guaranty set forth in this Indenture Agreement on behalf of the Guarantorseach Guarantor.

Appears in 1 contract

Samples: Master Issuing and Paying Agency Agreement (Lennar Corp /New/)

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof11.1, each Subsidiary Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached as Exhibit E hereto will set forth in Section 2.1 hereof shall be endorsed by an Officer of such Guarantor on each Note Security authenticated and delivered by the Trustee and that this Indenture will such endorsement shall be executed on behalf of such the Subsidiary Guarantor by one an Officer or a holder of its Officersa power of attorney authorized to execute the Guaranty by manual or facsimile signature. Each Subsidiary Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 11.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Note Security a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty a Security no longer holds that office at the time the Trustee authenticates the Note Security on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 1 contract

Samples: Cone Mills Corp

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof8.1, each Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached as included in Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor or an Officer of any Person acting in its capacity as the general partner of such Guarantor, as applicable, on each Note authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by one an Officer or an Officer of any Person acting in its Officerscapacity as the general partner of such Guarantor, as applicable. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 8.1 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Sabra Health (Sabra Health Care REIT, Inc.)

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof13.1, each Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached annexed hereto as Exhibit E hereto will B shall be endorsed by an Officer of such Guarantor on each Note Security authenticated and delivered by the Trustee and that this Indenture will indenture shall be executed on behalf of such Guarantor by one of its Officerstwo Officers or an Officer and an Assistant Secretary by manual or facsimile signature. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will section 13.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Note Security a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty a Security no longer holds that office at the time the Trustee authenticates the Note Security on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantorseach Guarantor.

Appears in 1 contract

Samples: Indenture (Hammond Residential LLC)

Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 hereof10.7, the Company and each Guarantor hereby agrees that (a) a notation of such Guaranty substantially in the form attached as set forth on Exhibit E C hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee, (b) such endorsement shall be executed on behalf of such each Guarantor by its Chairman of the Board, President, Chief Financial Officer, Chief Operating Officer, Treasurer, Secretary or any Vice President and (c) a counterpart signature page to this Indenture shall be executed on behalf of each Guarantor by its Chairman of the Board, President or one of its OfficersVice Presidents and attested to by another officer acknowledging such Guarantor's agreement to be bound by the provisions hereof and thereof. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 10.7 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note Notes on which a Guaranty is endorsed, the Guaranty will shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 1 contract

Samples: Fitzgeralds Gaming Corp

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof13.1, each Guarantor hereby agrees that a notation of such Guaranty substantially in the form attached annexed hereto as Exhibit E hereto will C shall be endorsed by an Officer of such Guarantor on each Note Security authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by one of its Officerstwo officers or an officer and an Assistant Secretary by manual or facsimile signature. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 13.1 shall remain in full force and effect and apply to all the Securities notwithstanding any failure to endorse on each Note Security a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty a Security no longer holds that office at the time the Trustee authenticates the Note Security on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantorseach Guarantor.

Appears in 1 contract

Samples: Indenture (Elsinore Corp)

Execution and Delivery of Guaranty. To evidence its Guaranty set forth in Section 11.01 hereof10.1, each Guarantor hereby of the Guarantors agrees that a notation of such Guaranty substantially in the form contained in the form of Security attached as Exhibit E A hereto will shall be endorsed and executed by an Officer two (2) Officers of such each Guarantor on each Note Security authenticated and delivered by the Trustee and that this Indenture will shall be executed on behalf of such Guarantor by one of its Officersan Officer. Each Guarantor hereby of the Guarantors agrees that its Guaranty set forth in Section 11.01 hereof will 1 0.1 shall remain in full fun force and effect and apply to all outstanding Securities notwithstanding any failure to endorse on each Note Security a notation of such Guaranty. If an Officer of a Guarantor whose facsimile signature is on this Indenture a Security or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note Security on which a Guaranty is endorsed, the Guaranty will shall be valid nevertheless. The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the Guarantors.

Appears in 1 contract

Samples: Indenture (Town & Country Corp)

Execution and Delivery of Guaranty. To evidence its the Guaranty set forth in Section 11.01 hereof, 10.8 the Company and each Guarantor hereby agrees that (a) a notation of such Guaranty substantially in the form attached as set forth on Exhibit E C hereto will shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture will Trustee. Such endorsement shall be executed on behalf of such each Guarantor by its Chairman of the Board, President, Chief Financial Officer, Chief Operating Officer, Treasurer, Secretary or any Vice President and (b) a counterpart signature page to this Indenture shall be executed on behalf of each Guarantor by its Chairman of the Board, President or one of its OfficersVice Presidents and attested to by another officer acknowledging such Guarantor's agreement to be bound by the provisions hereof and thereof. Each Guarantor hereby agrees that its Guaranty set forth in Section 11.01 hereof will 10.8 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guaranty. If an Officer officer whose signature is on this Indenture or on the Guaranty no longer holds that office at the time the Trustee authenticates the Note Notes on which a Guaranty is endorsed, the Guaranty will shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, will shall constitute due delivery of the Guaranty set forth in this Indenture on behalf of the GuarantorsGuarantor.

Appears in 1 contract

Samples: Indenture (American Restaurant Group Inc)

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