Common use of Execution and Delivery of Note Guarantee Clause in Contracts

Execution and Delivery of Note Guarantee. To evidence the Note Guarantee set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the Guarantee substantially in the form included in Exhibit E 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 Guarantor agrees that the Note Guarantee set forth in this Article 15 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 16 contracts

Samples: Indenture (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)

AutoNDA by SimpleDocs

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 10 contracts

Samples: Indenture (Titan International Inc), Indenture (Huntsman International LLC), Indenture (Huntsman International LLC)

Execution and Delivery of Note Guarantee. To further evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in of Exhibit E hereto C hereto, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one Officer or other person duly authorized by all necessary corporate action of such Guarantor who shall have been duly authorized to so execute by an officer all requisite corporate action. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsedendorsed or at any time thereafter, the such Guarantor’s Note Guarantee of such Note shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 10 contracts

Samples: Merger Agreement (Physicians Management, LLC), Merger Agreement (Davita Inc), Physicians Management, LLC

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 9 contracts

Samples: Indenture (Endo Pharmaceuticals Holdings Inc), Indenture (Tronox LTD), Indenture (Continental Airlines Inc /De/)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee 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 Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 8 contracts

Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Saks Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that this Indenture or, if applicable, a notation of the Guarantee substantially Supplemental Indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture E, shall be executed on behalf of such Guarantor by an officer Officer of such Guarantor. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee this Indenture no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsedNote, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 7 contracts

Samples: Supplemental Indenture (TerraForm Power, Inc.), Indenture (Terraform Global, Inc.), Indenture (TerraForm Power, Inc.)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in attached hereto as Exhibit E hereto I, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture such Note Guarantee shall be executed on behalf by either manual, facsimile, .pdf attachment or other electronically transmitted signature of such Guarantor by an officer Officer of such each Guarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsedendorsed or at any time thereafter, the such Guarantor’s Guarantee of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 7 contracts

Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor of the Guarantors hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 6 contracts

Samples: Signatures (Wynn Las Vegas LLC), Indenture (Wynn Las Vegas LLC), Directing Holder (Wynn Resorts LTD)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that this Indenture (or a notation of the Guarantee substantially supplemental indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture D hereto) shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 6 contracts

Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC), Intercreditor Agreement (Tronox Holdings PLC)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor 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 GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 6 contracts

Samples: Indenture (Communities Home Builders Inc), Indenture (Florida Lifestyle Management Co), Wci Communities Inc

Execution and Delivery of Note Guarantee. To further evidence the its Note Guarantee set forth in Section 15.01 hereof13.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in of Exhibit E hereto B hereto, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of such each Guarantor by an officer either manual or facsimile signature of such Guarantorone Officer or other person duly authorized by all necessary corporate action of each Guarantor who shall have been duly authorized to so execute by all requisite corporate action. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 13.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsedendorsed or at any time thereafter, the such Guarantor’s Note Guarantee of such Note shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 5 contracts

Samples: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Registration Rights Agreement (Us Concrete Inc)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in attached hereto as Exhibit E hereto I, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture such Note Guarantee shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsedendorsed or at any time thereafter, the such Guarantor’s Guarantee of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 5 contracts

Samples: Indenture (LKQ Corp), Crown Holdings Inc, Crown Holdings Inc

Execution and Delivery of Note Guarantee. To further evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in of Exhibit E hereto F hereto, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of such each Guarantor by an officer either manual or facsimile signature of such Guarantorone Officer or other person duly authorized by all necessary corporate action of each Guarantor who shall have been duly authorized to so execute by all requisite corporate action. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsedendorsed or at any time thereafter, the such Guarantor’s Note Guarantee of such Note shall nevertheless be valid neverthelessvalid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 5 contracts

Samples: Indenture (Ply Gem Holdings Inc), Covenants (Ply Gem Holdings Inc), Indenture (Ply Gem Holdings Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 4 contracts

Samples: HCS Ii Inc, HWCC Shreveport Inc, Metricom Finance Inc

Execution and Delivery of Note Guarantee. To evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee substantially this Indenture (or supplemental indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture J hereto) shall be executed on behalf by either manual, facsimile or electronic (including “.pdf”) signature of such Guarantor by an officer Officer of such Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Guarantee on the Note GuaranteeNotes. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture (or a notation supplemental indenture in the form of Note Guarantee Exhibit J hereto) no longer holds that office at the time the Trustee authenticates the Note, such Guarantor’s Guarantee of such Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 4 contracts

Samples: Indenture (Cooper-Standard Holdings Inc.), Supplemental Indenture (Mueller Water Products, Inc.), Indenture (Mueller Water Products, Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 3 contracts

Samples: Builders FirstSource-MBS, LLC, Builders FirstSource, Inc., Indenture (Builders FirstSource, Inc.)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof1301, each Subsidiary Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto B of this Indenture, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of such each Subsidiary Guarantor by its Chairman, any Vice Chairman, its President, a Vice President or an officer Assistant Vice President and attested by its Secretary or Assistant Secretary, and shall have been duly authorized by all requisite corporate action. Such signature may be in facsimile form. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Subsidiary Guarantor hereby agrees that the its respective Note Guarantee set forth in this Article 15 Section 1301 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Note Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.

Appears in 3 contracts

Samples: Execution Copy (Burke Flooring Products Inc), Burke Industries Inc /Ca/, Burke Industries Inc /Ca/

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such notation of its Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 3 contracts

Samples: Indenture (Archrock Partners, L.P.), Indenture (Kodiak Gas Services, Inc.), Indenture (Archrock, Inc.)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof1201, each Subsidiary Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto B of this Indenture, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of such each Subsidiary Guarantor by an officer its Chairman, any Vice Chairman, its President or a Vice President and attested by its Secretary or Assistant Secretary, and shall have been duly authorized by all requisite corporate action. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Subsidiary Guarantor hereby agrees that the its respective Note Guarantee set forth in this Article 15 Section 1201 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.

Appears in 3 contracts

Samples: Indenture (Fleming Companies Inc /Ok/), Fleming Companies Inc /Ok/, Fleming Companies Inc /Ok/

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.1, each Subsidiary Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto of EXHIBIT D shall be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor Subsidiary Guarantor, by manual or facsimile signature, by an officer Officer of such Subsidiary Guarantor. Each Subsidiary Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.

Appears in 3 contracts

Samples: Supplemental Indenture (Century Parking Inc), Supplemental Indenture (Apcoa Inc), Standard Parking Ii LLC

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Indenture (Taylor Morrison Home Corp), Indenture (Taylor Morrison Home Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 12.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors. In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.18 hereof, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.18 hereof and this Article 12, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)

Execution and Delivery of Note Guarantee. To evidence The Note Guarantees shall be evidenced by the execution and delivery of this Indenture or a supplement to this Indenture and no notation of any Note Guarantee need be endorsed on any Note. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the Guarantee substantially in the form included in Exhibit E 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 Guarantor agrees that the Note Guarantee set forth in this Article 15 13.01 shall remain in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Note Guarantee on the Note GuaranteeNotes. If an officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee supplemental indenture to this Indenture, as applicable, no longer holds that office at the time the Trustee authenticates the Note on which the or at any time thereafter, such Guarantor’s Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Cable One, Inc., Cable One, Inc.

Execution and Delivery of Note Guarantee. To evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee substantially this Indenture (or supplemental indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture H hereto) shall be executed on behalf by either manual, facsimile or electronic (including “.pdf”) signature of such Guarantor by an officer Officer of such Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Guarantee on the Note GuaranteeNotes. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture (or a notation supplemental indenture in the form of Note Guarantee Exhibit H hereto) no longer holds that office at the time the Trustee authenticates the Note, such Guarantor’s Guarantee of such Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Cooper-Standard Holdings Inc.), Indenture (Cooper-Standard Holdings Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in of Exhibit E hereto D shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor the Guarantor, by manual or facsimile signature, by an officer Officer of such the Guarantor. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Musicland Stores Corp, Musicland Group Inc /De

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto B shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Agreement or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Amerco /Nv/, Amerco /Nv/

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto B shall be endorsed by an Officer of such Guarantor 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 GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Supplemental Indenture (Wci Communities Inc), Form of Indenture (Valimar Home & Land Company, LLC)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E attached hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Indenture (Hexacomb CORP), Indenture (Hexacomb CORP)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 12.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer An Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorof the Guarantors.

Appears in 2 contracts

Samples: Indenture (Protalix BioTherapeutics, Inc.), Protalix BioTherapeutics, Inc.

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Subsidiary Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E B hereto shall will be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this the Indenture shall will be executed on behalf of such Subsidiary Guarantor by an officer one of such Guarantorits Officers. Each Subsidiary Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note the Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this the Indenture on behalf of each Guarantorthe Subsidiary Guarantors.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation Notation of the Guarantee substantially in the form included in attached as Exhibit E A hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation Notation of the Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Indenture (Metropcs Communications Inc), Indenture (T-Mobile US, Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto C shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Agreement or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Indenture (Amerco /Nv/), Amerco /Nv/

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.01 hereof, each initial Guarantor hereby agrees that a notation of the Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be has been executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.01 hereof will remain in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee this Indenture no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsedNotes, the Note Guarantee shall will be valid nevertheless. Upon execution of a supplemental indenture to this Indenture by a new Guarantor substantially in the form reasonably satisfactory to the Trustee, the Note Guarantee of such Guarantor set forth in this Indenture shall be deemed duly delivered, without any further action by any Person, on behalf of such Guarantor. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture or any supplemental indenture on behalf of each Guarantorthe Guarantors who are signatories thereto.

Appears in 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 12.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee in substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer Officer of such GuarantorGuarantor thereunto authorized. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Ubiquitel Inc

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirty-Second Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirty-Second Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirty-Second Supplemental Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Collateral and Security (Tenet Healthcare Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee on the date of this Indenture and that this Indenture shall Indenture, or a supplement thereto, will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such notation of its Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.the Guarantors. 103

Appears in 1 contract

Samples: Indenture (Comstock Resources Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto F shall be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this a Supplemental Indenture shall be executed on behalf of such Subsidiary Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor agrees that the The Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note the Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.

Appears in 1 contract

Samples: Indenture (Aki Holding Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. [[5471418]] The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Supplemental Indenture (Taylor Morrison Home Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Protection One Alarm Monitoring Inc

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto of EXHIBIT D shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor the Guarantor, by manual or facsimile signature, by an officer Officer of such the Guarantor. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (Nebco Evans Holding Co)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirty-Third Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirty-Third Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirty-Third Supplemental Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Collateral and Security (Tenet Healthcare Corp)

Execution and Delivery of Note Guarantee. 55 63 To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Metricom Inc / De

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01 hereof with respect to each series of Notes, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note of such series authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such the Guarantor by an officer one of such Guarantorits Officers. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (United Airlines, Inc.)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof1301, each Subsidiary Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto B of this Indenture, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed on behalf of such each Subsidiary Guarantor by an officer its Chairman, any Vice Chairman, its President or a Vice President and attested by its Secretary or Assistant Secretary, and shall have been duly authorized by all requisite corporate action. Such signature may be in facsimile form. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Subsidiary Guarantor hereby agrees that the its respective Note Guarantee set forth in this Article 15 Section 1301 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Note Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.

Appears in 1 contract

Samples: Ameristeel Corp

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit EXHIBIT E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Agreement or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Transmontaigne Inc

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E B hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Brookstone Holdings Corp.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 12.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee in substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer Officer of such GuarantorGuarantor thereunto authorized. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.1 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Horizon PCS Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor of the Guarantors hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Authorized Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Authorized Officers. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the Note Guarantee. If an officer Authorized Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (QGOG Constellation S.A.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture Agreement shall be executed on behalf of such Guarantor by an officer of such GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Agreement or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture Agreement on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Epmr Corp

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee 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 Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Indenture (Saks Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.1, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto F shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such the Guarantor by an officer of such GuarantorOfficer. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (Telewest Communications PLC /New/)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E B hereto shall be endorsed by an officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01, shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer or Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Subsidiary Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (APW Supermarkets, Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation nota- tion of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by the manual or facsimile signature of an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery de- livery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.the Guarantors. -110-

Appears in 1 contract

Samples: Adient PLC

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in attached hereto as Exhibit E hereto H, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture such Note Guarantee shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.99

Appears in 1 contract

Samples: James Hardie Industries PLC

AutoNDA by SimpleDocs

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto F hereto, shall be endorsed on each Note authenticated and delivered by the Trustee after this Article Ten with respect to such Guarantor becomes effective in accordance with Section 10.04 and that this Indenture such notation shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: 3019693 Nova Scotia U.L.C.

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Eleventh Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Eleventh Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Eleventh Supplemental Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Supplemental Indenture (Tenet Healthcare Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Horizon Lines, Inc.)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof12.1, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Officer of such each Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee 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 Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Indenture (Saks Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirtieth Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirtieth Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirtieth Supplemental Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Tenet Healthcare Corp)

Execution and Delivery of Note Guarantee. To evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the Guarantee substantially this Indenture (or supplemental indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture J hereto) shall be executed on behalf by either manual, facsimile or electronic (including “.pdf”) signature of such Guarantor by an officer Officer of such Guarantor. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain be in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Guarantee on the Note GuaranteeNotes. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture (or a notation supplemental indenture in the form of Note Guarantee Exhibit J hereto) no longer holds that office at the time the Trustee authenticates the Note, such Guarantor’s Guarantee of such Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. 104 The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Cooper-Standard Holdings Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto D shall be endorsed by an Officer of such Guarantor 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 GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Covenants (Watermark Realty Inc)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof1301, each Guarantor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in Exhibit E hereto B of this Indenture, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture Trustee. Such Note Guarantee shall be executed by manual or facsimile signature on behalf of such each Guarantor by an officer its Chairman, any Vice Chairman, its President or a Vice President and attested by its Secretary or Assistant Secretary, and shall have been duly authorized by all requisite corporate action. The validity and enforceability of such Guarantorany Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. 91 Each Guarantor hereby agrees that the its respective Note Guarantee set forth in this Article 15 Section 1301 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Extendicare Health Services Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit of EXHIBIT E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor Guarantor, by manual or facsimile signature, by an officer Officer of such Guarantor. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Alaris Medical Systems Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof13.1, each Guarantor agrees that a notation of the such Note Guarantee substantially in the form included in annexed hereto as Exhibit E hereto B 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 two Officers or an officer of such GuarantorOfficer and an Assistant Secretary by manual or facsimile signature. Each Guarantor agrees that the its Note Guarantee set forth in this Article 15 Section 13.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsed, the such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Indenture (Astor Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on this Indenture or on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Great Wolf Lodge (Great Wolf Resorts, Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 12.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Layne Christensen Co)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantor.the Guarantors. 119

Appears in 1 contract

Samples: Indenture (Horizon Lines, Inc.)

Execution and Delivery of Note Guarantee. To evidence The Note Guarantees shall be evidenced by the execution and delivery of this Indenture or a supplement to this Indenture and no notation of any Note Guarantee need be endorsed on any Note. Each Guarantor hereby agrees that its Note Guarantee set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the Guarantee substantially in the form included in Exhibit E 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 Guarantor agrees that the Note Guarantee set forth in this Article 15 14.01 shall remain in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Note Guarantee on the Note GuaranteeNotes. If an officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee supplemental indenture to this Indenture, as applicable, no longer holds that office at the time the Trustee authenticates the Note on which the or at any time thereafter, such Guarantor’s Note Guarantee is endorsed, the of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Xerox Corp

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.1, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto C shall be endorsed by an Officer of such Guarantor 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 GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Tango of Arundel, Inc.

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirty-Fifth Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirty-Fifth Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirty-Fifth Supplemental Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Tenet Healthcare Corp

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.1, each Subsidiary Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in of Exhibit E hereto C shall be endorsed by an Officer of such Subsidiary Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor Subsidiary Guarantor, by manual or facsimile signature, by an officer Officer of such Subsidiary Guarantor. Each Subsidiary Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.1 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Subsidiary Guarantors.

Appears in 1 contract

Samples: Indenture (Foamex Capital Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee on the date of this Indenture and that this Indenture shall Indenture, or a supplement thereto, will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a the notation of its Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such notation of its Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Berry Petroleum Corp)

Execution and Delivery of Note Guarantee. To further evidence the Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor Guar- antor hereby agrees that a notation of the Guarantee such Note Guarantee, substantially in the form included in attached hereto as Exhibit E hereto I, shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture such Note Guarantee shall be executed on behalf by either manual or facsimile signature of such Guarantor by an officer Of- ficer of such the each Guarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each Guarantor of the Guarantors hereby agrees that the its Note Guarantee set forth in this Article 15 Sec- tion 10.01 shall remain be in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer of a Guarantor whose facsimile signature is on a Note this Indenture or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsedendorsed or at any time thereafter, the such Guarantor’s Guarantee of such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunderhere- under, shall constitute due delivery of the any Note Guarantee set forth in this Indenture on behalf of each the Guarantor. SECTION 10.03.

Appears in 1 contract

Samples: Wesco International Inc

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto F shall be endorsed by an Officer of such Guarantor 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 GuarantorOfficer. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Cpi Holdco Inc

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such the Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (Nexstar Finance Holdings LLC)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E D attached hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Rayovac Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E F hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Supplemental Indenture (H-L Distribution Service, LLC)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto B shall be endorsed by an Officer of the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such the Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each The Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Escrow and Disbursement Agreement (Premier Parks Inc)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E D hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 10.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: www.citibank.com

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Twenty-Eighth Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Twenty-Eighth Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Twenty-Eighth Supplemental Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Tenet Healthcare Corp)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 11.01 hereof, each Guarantor hereby agrees that this Indenture or, if applicable, a notation of the Guarantee substantially Supplemental Indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture F, shall be executed on behalf of such Guarantor Guarantors by an officer Officer of such Guarantor. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 11.01 hereof will remain in full force and effect and apply to all notwithstanding the Notes notwithstanding absence of the endorsement of any failure to endorse on each Note a notation of such Note Guarantee on the Note GuaranteeNotes. If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee this Indenture no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsedNotes, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Intercreditor Agreement (Evraz North America PLC)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof11.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E B attached hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer its President or one of such Guarantorits Vice Presidents. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 11.01 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Spectrum Brands, Inc.

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof10.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E F hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. 107 If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Supplemental Indenture (Horizon Lines, Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that a notation of the Guarantee guarantee substantially in the form included in attached as Exhibit E D hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall (or a supplemental indenture to this Indenture) will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. The Note Guarantees may be executed by attachment to electronic mail in portable document format (PDF). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee Guarantee, if any, set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: ESAB Corp

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 10.01 hereof, each Guarantor hereby agrees that this Indenture or, if applicable, a notation of the Guarantee substantially Supplemental Indenture in the form included in of Exhibit E hereto shall be endorsed on each Note authenticated and delivered by the Trustee and that this Indenture D, shall be executed on behalf of such Guarantor by an officer Officer of such Guarantor. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 10.01 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note or a notation of Note Guarantee this Indenture no longer holds that office at the time the Trustee authenticates the Note on which the Note Guarantee is endorsedNote, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: TerraForm Power, Inc.

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 12.01 hereof, each the Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in Exhibit E hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 Section 12.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (Metricom Inc / De)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 hereof12.01, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E B hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall will be executed on behalf of such Guarantor by an officer one of its Officers (but the failure to execute such Guarantornotation shall not affect the validity of any Note Guarantee). Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 12.01 will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer An Officer whose facsimile signature is on a Note this Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid valid, nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will be deemed to constitute due delivery of the Note Guarantee set forth in this Indenture on behalf of each Guarantorof the Guarantors.

Appears in 1 contract

Samples: Indenture (Medicine Man Technologies, Inc.)

Execution and Delivery of Note Guarantee. To evidence the its Note Guarantee set forth in Section 15.01 9.1 hereof, each Guarantor hereby agrees that a notation of the such Note Guarantee substantially in the form included in attached as Exhibit E hereto shall will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Thirty-Seventh Supplemental Indenture shall will be executed on behalf of such Guarantor by an officer one of such Guarantorits Officers. Each Guarantor hereby agrees that the its Note Guarantee set forth in this Article 15 shall Section 9.1 hereof will remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer Officer whose facsimile signature is on a Note this Thirty-Seventh Supplemental Indenture or a notation of on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the a Note Guarantee is endorsed, the Note Guarantee shall will be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of the Note Guarantee set forth in this Thirty-Seventh Supplemental Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Tenet Healthcare Corp

Execution and Delivery of Note Guarantee. To evidence the Note Guarantee Guarantees set forth in Section 15.01 hereof, each Guarantor agrees that a notation of the applicable Guarantee substantially in the form included in Exhibit E D 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 or an officer of the entity executing the same on behalf of such Guarantor. Each Guarantor agrees that the its Note Guarantee Guarantees set forth in this Article 15 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of the such Note Guarantee. If an officer whose facsimile signature is on a Note or a notation of Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which the such Note Guarantee is endorsed, the such Note Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Note Guarantee Guarantees set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Digital Realty Trust, L.P.)

Time is Money Join Law Insider Premium to draft better contracts faster.