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

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E hereto, shall be endorsed on each Note authenticated and delivered by the 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 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 4 contracts

Samples: Indenture (Seitel Inc), Indenture (Curative Health Services Inc), Indenture (Matrix Geophysical, Inc.)

AutoNDA by SimpleDocs

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.0113.1, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of included in Exhibit E B hereto, shall be endorsed on each Senior Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one Officer an officer or other person duly authorized by all necessary corporate action an officer of a general partner, as the case may be, of each Guarantor who shall have been duly authorized to so execute by all requisite corporate actionGuarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Senior Note. Each of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 13.1 shall remain in full force and effect notwithstanding any failure to endorse on each Senior Note a notation of such Note Guarantee. If an Officer officer of a Guarantor or a general partner thereof whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Senior Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Senior Note shall nevertheless be validvalid nevertheless. The delivery of any Senior Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 4 contracts

Samples: Fourth Supplemental Indenture, Fourth Supplemental Indenture (Mosaic Co), Supplemental Indenture (Cargill Fertilizer, LLC)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.0113.1, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of included in Exhibit E B hereto, shall be endorsed on each Note Existing Security authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one Officer an officer or other person duly authorized by all necessary corporate action an officer of a general partner, as the case may be, of each Guarantor who shall have been duly authorized to so execute by all requisite corporate actionGuarantor. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular NoteExisting Security. Each of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 13.1 shall remain in full force and effect notwithstanding any failure to endorse on each Note Existing Security a notation of such Note Guarantee. If an Officer officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note Existing Security on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note Existing Security shall nevertheless be validvalid nevertheless. The delivery of any Note Existing Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 4 contracts

Samples: Supplemental Indenture, Supplemental Indenture (Mosaic Co), Supplemental Indenture (Mosaic Crop Nutrition, LLC)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.019.09, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of attached hereto as Exhibit E heretoG, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 9.09 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 4 contracts

Samples: Indenture (Ingevity Corp), Indenture (Brinks Co), Indenture (James Hardie Industries PLC)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.015.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of included in Exhibit E B hereto, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an Officer or other person duly authorized by all necessary corporate action an Officer of a general partner, as the case may be, of each Guarantor who shall have been duly authorized to so execute by all requisite corporate actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 5.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 3 contracts

Samples: Indenture (TRI Pointe Group, Inc.), Indenture (TRI Pointe Group, Inc.), TRI Pointe Group, Inc.

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E C hereto, shall be endorsed on each Note authenticated and delivered by the 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 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 3 contracts

Samples: Indenture (WESTMORELAND COAL Co), Indenture (Norcraft Holdings, L.P.), Indenture (Westmoreland Energy LLC)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached as Exhibit E hereto, shall D hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee. Such Note Guarantee shall Trustee and that this Indenture will be executed on behalf of each such Guarantor by either manual or facsimile signature one of one 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 actionits Officers. The validity and enforceability of any failure to execute such Note Guarantee shall not be affected by affect the fact that it is not affixed to obligations of any particular NoteGuarantor under such Note Guarantee or hereunder. Each of the Guarantors Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 shall 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such a Note Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Note Guarantee of such Note shall nevertheless will be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of any the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 3 contracts

Samples: Supplemental Indenture (CVR Energy Inc), Indenture (Rentech Nitrogen Partners, L.P.), Supplemental Indenture (CVR Partners, Lp)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of included in Exhibit E G hereto, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one Officer an officer or other person duly authorized by all necessary corporate action an officer of a general partner, as the case may be, of each Guarantor who shall have been duly authorized to so execute by all requisite corporate actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s 's Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 3 contracts

Samples: Imc Global Inc, Covenants (Imc Global Inc), Imc Global Inc

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of attached hereto as Exhibit E heretoG, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 3 contracts

Samples: Crown Holdings Inc, Crown Holdings Inc, Crown Holdings Inc

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached as Exhibit E hereto, shall hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee. Such Note Guarantee shall Trustee and that this Indenture will be executed on behalf of each such Guarantor by either manual or facsimile signature one of one 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 Noteits Officers. Each of the Guarantors Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 shall 11.01 will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such a Note Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Note Guarantee of such Note shall nevertheless will be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of any 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 date of this Indenture that are guarantors or borrowers in respect of the Credit Agreement, if required by Section 4.16 hereof, the Company will cause such Domestic Subsidiary to comply with the provisions of Section 4.16 hereof and this Article 11, to the extent applicable.

Appears in 3 contracts

Samples: Indenture (Er Acquisition Corp), Metaldyne Corp, Trimas Corp

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E F hereto, shall be endorsed on each Note authenticated and delivered by the 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 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s 's Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 2 contracts

Samples: MAAX Holding Co., Norcraft Companies Lp

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.0123.1, each Guarantor hereby agrees agrees, on the date such Guarantor becomes a party hereto, that a notation of such Note Guarantee, substantially reasonably satisfactory in form and substance to the form of Exhibit E hereto, Purchasers shall be endorsed on each Note authenticated and delivered by the Trustee. Such Company on the Closing Date and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 23.1 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture Agreement or a Note Guarantee no longer holds that office at the time the Trustee Company authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s 's Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the TrusteeCompany, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture Agreement on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Prospect Global Resources Inc.), Securities Purchase Agreement (Prospect Global Resources Inc.)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of included in Exhibit E F hereto, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee after this Article Ten with respect to such Guarantor becomes effective in accordance with Section 10.04 and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates authenticate the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s 's Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of included in Exhibit E G hereto, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an Officer or other person duly authorized by all necessary corporate action an Officer of a general partner, as the case may be, of each Guarantor who shall have been duly authorized to so execute by all requisite corporate actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.), Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached as Exhibit E hereto, D hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee. Such Trustee at the time such Guarantor provides its Note Guarantee and that this Indenture (or a supplemental indenture hereto as provided in Section 4.10) shall be executed on behalf of each such Guarantor by either manual or facsimile signature one of one 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 Noteits Officers. Each of the Guarantors Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such a Note Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 2 contracts

Samples: Supplemental Indenture (Pitney Bowes Inc /De/), Supplemental Indenture (Pitney Bowes Inc /De/)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E hereto, shall be endorsed on each Note authenticated and delivered by the 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 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 2 contracts

Samples: Davita Inc, Davita Inc

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of included in Exhibit E F hereto, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee after this Article Ten with respect to such Guarantor becomes effective in accordance with Section 10.04 and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates authenticate the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 2 contracts

Samples: Indenture (Ipsco Inc), Indenture (Massey Energy Co)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E F hereto, shall be endorsed on each Note authenticated and delivered by the 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 each such 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Horizon Lines, Inc.

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of attached hereto as Exhibit E heretoG, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note 's Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (Crown Holdings Inc)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0112.1, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached hereto as Exhibit E hereto, B shall be endorsed on each Note authenticated and delivered by the Trustee. Such notation of Note Guarantee shall be executed signed on behalf of each such Guarantor by either an officer of such Guarantor (or, if an officer is not available, by a board member, director, member or other authorized person, as applicable) on behalf of such Guarantor by manual or facsimile signature signature. In case the Officer, 119 board member or director or member of one Officer or other person duly authorized by all necessary corporate action of each such Guarantor who shall have been duly authorized to so execute by all requisite corporate action. The validity and enforceability signed such notation of any Note Guarantee shall not cease to be affected such Officer, board member, director, member or other authorized person before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the fact that it is Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not affixed ceased to any particular Notebe such officer, board member, director, member or other authorized person. Each of the Guarantors hereby Guarantor agrees that its Note Guarantee set forth in Section 10.01 12.1 shall remain in full force and effect and apply to all the Notes (including, without limitation, any Additional Notes and PIK Notes) notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors. The failure to endorse a Note Guarantee shall not affect or impair the validity thereof.

Appears in 1 contract

Samples: Indenture (LiveWatch Security, LLC)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of attached hereto as Exhibit E heretoG, shall be endorsed on each Note ---------- authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note 's Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (Crown Holdings Inc)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Subsidiary Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E heretoEXHIBIT E, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Note Guarantee shall be executed on behalf of each Subsidiary Guarantor by either manual or facsimile signature of one Officer or other person duly authorized by all necessary corporate action two Officers of the Subsidiary Guarantor, each Guarantor who of whom 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 of the Subsidiary Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Subsidiary Guarantor’s 's Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Subsidiary Guarantor.

Appears in 1 contract

Samples: Power Ten

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of attached hereto as Exhibit E heretoI, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an Officer or other person duly authorized by all necessary corporate action of the each Guarantor who shall have been duly authorized to so execute by all requisite corporate actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (Wesco International Inc)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that the execution and delivery of this Indenture or a notation of such Note Guarantee, substantially in the form of Exhibit E supplemental indenture hereto, shall be endorsed on each Note authenticated and delivered by as the Trustee. Such Note Guarantee shall be case may 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 each Guarantor who shall have been duly authorized to so execute by all requisite corporate action. The validity and enforceability action shall constitute its delivery of any its Note Guarantee shall not be affected by the fact that it is not affixed to any particular NoteGuarantee. Each of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee supplemental indenture no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Cargo Aircraft (Air Transport Services Group, Inc.)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of included in Exhibit E hereto, shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee. Such Note Guarantee Trustee and that this Indenture shall be executed on behalf of each such Guarantor by either manual its President, Executive or facsimile signature Senior Vice President, Treasurer or one of one Officer or other person duly authorized by its Vice Presidents. Further, Issuer shall cause all necessary corporate action future Guarantors to execute a Supplemental Indenture substantially in the form of each EXHIBIT F. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such a Note Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Petco Animal Supplies Inc

AutoNDA by SimpleDocs

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.0123.1, each Guarantor hereby agrees agrees, on the date such Guarantor becomes a party hereto, that a notation of such Note Guarantee, substantially reasonably satisfactory in form and substance to the form of Exhibit E hereto, Purchasers shall be endorsed on each Note authenticated and delivered by the Trustee. Such Company on the Closing Date and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 23.1 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture Agreement or a Note Guarantee no longer holds that office at the time the Trustee Company authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the TrusteeCompany, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture Agreement on behalf of each the Guarantor.

Appears in 1 contract

Samples: Securities Purchase Agreement (Prospect Global Resources Inc.)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached as Exhibit E hereto, shall hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee. Such Note Guarantee shall Trustee and that this Indenture will be executed on behalf of each such Guarantor by either manual or facsimile signature one of one 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 actionits Officers. The validity and enforceability of any failure to execute such Note Guarantee shall not be affected by affect the fact that it is not affixed to obligations of any particular NoteGuarantor under such Note Guarantee or hereunder. Each of the Guarantors Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 shall 11.01 hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such a Note Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Note Guarantee of such Note shall nevertheless will be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of any the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (CVR Energy Inc)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E hereto, shall be endorsed on each Note authenticated delivered to the Trustee and delivered by the Trusteeauthenticated. 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 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by to the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Seitel Inc

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0110.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached as Exhibit E hereto, shall hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee. Such Note Guarantee shall Trustee and that this Indenture will be executed on behalf of each such Guarantor by either manual or facsimile signature one of one 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 actionits Officers. The validity and enforceability of any failure to execute such Note Guarantee shall not be affected by affect the fact that it is not affixed to obligations of any particular NoteGuarantor under such Note Guarantee or hereunder. Each of the Guarantors Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 shall hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such a Note Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Note Guarantee of such Note shall nevertheless will be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of any the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Supplemental Indenture (CVR Energy Inc)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0110.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached as Exhibit E hereto, shall hereto will be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee. Such Note Guarantee shall Trustee and that this Indenture will be executed on behalf of each such Guarantor by either manual or facsimile signature one of one 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 actionits Officers. The validity and enforceability of any failure to execute such Note Guarantee shall not be affected by affect the fact that it is not affixed to obligations of any particular NoteGuarantor under such Note Guarantee or hereunder. Each of the Guarantors Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 shall hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. 84 If an Officer of a Guarantor whose signature is on this Indenture or a on the Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such a Note Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Note Guarantee of such Note shall nevertheless will be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of any the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Supplemental Indenture (CVR Energy Inc)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E hereto, shall be endorsed on each Note authenticated and delivered by the 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 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. Note or that such Guarantor has not executed a notation of such Note Guarantee substantially in the form of Exhibit E. Each of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s 's Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Stanley-Martin Communities, LLC

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of included in Exhibit E F hereto, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an Officer or other person duly authorized by all necessary corporate action an Officer of a general partner, as the case may be, of each Guarantor who shall have been duly authorized to so execute by all requisite corporate actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (R H Donnelley Corp)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.1, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached hereto as Exhibit E hereto, A-1 shall be endorsed on each Note authenticated and delivered by the Trustee. Such notation of Note Guarantee shall be executed signed on behalf of each such Guarantor by either an officer of such Guarantor (or, if an officer is not available, by a board member or director) on behalf of such Guarantor by manual or facsimile signature signature. In case the officer, board member or director of one Officer or other person duly authorized by all necessary corporate action of each such Guarantor who shall have been duly authorized to so execute by all requisite corporate action. The validity and enforceability signed such notation of any Note Guarantee shall not cease to be affected such officer, board member or director before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the fact that it is Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not affixed ceased to any particular Notebe such officer, board member or director. Each of the Guarantors hereby Guarantor agrees that its Note Guarantee set forth in Section 10.01 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 such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Actuant Corp)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit E EXHIBIT F hereto, shall be endorsed on each Note authenticated and delivered by the 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 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s 's Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Ply Gem Industries Inc

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.1, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached hereto as Exhibit E hereto, B shall be endorsed on each Note authenticated and delivered by the Trustee. Such notation of Note Guarantee shall be executed signed on behalf of each such Guarantor by either an officer of such Guarantor (or, if an officer is not available, by a board member or director) on behalf of such Guarantor by manual or facsimile signature signature. In case the officer, board member or director of one Officer or other person duly authorized by all necessary corporate action of each such Guarantor who shall have been duly authorized to so execute by all requisite corporate action. The validity and enforceability signed such notation of any Note Guarantee shall not cease to be affected such officer, board member or director before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the fact that it is Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not affixed ceased to any particular Notebe such officer, board member or director. Each of the Guarantors hereby Guarantor agrees that its Note Guarantee set forth in Section 10.01 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 such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: American Pacific Corp

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees that a notation of such Note Guarantee, substantially in the form of Exhibit EXHIBIT E hereto, shall be endorsed on each Note authenticated and delivered by the 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 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s 's Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantor.

Appears in 1 contract

Samples: Inverness Medical Innovations Inc

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee Guarantees set forth in Section 10.0111.1 hereof, each Guarantor hereby agrees that a notation of such the Note Guarantee, Guarantees substantially in the form of included in Exhibit E hereto, C shall be endorsed on each Note authenticated and delivered by the Trustee. Such Note Guarantee Trustee and that this Indenture shall be executed on behalf of each the Guarantor by either manual the Chairman of the Board, any Vice Chairman, the President or one of the Vice Presidents of the Guarantor, under a facsimile signature of one its seal reproduced on this Indenture and attested to by an 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 than the fact that it is not affixed to any particular NoteOfficer executing this Indenture. Each of the Guarantors hereby Guarantor agrees that its the Note Guarantee Guarantees set forth in Section 10.01 this Article 11 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such the Note GuaranteeGuarantees. If an Officer of a Guarantor whose facsimile signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such the Note Guarantee is endorsed or at any time thereafterGuarantees are endorsed, such Guarantor’s the Note Guarantee of such Note Guarantees shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Note Guarantee Guarantees set forth in this Indenture Indenture, on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Coast Resorts Inc)

Execution and Delivery of Note Guarantee. To further evidence its the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees agrees, on the Issue Date, that a notation of such Note Guarantee, substantially in the form of included in Exhibit E G hereto, shall be endorsed on each Note authenticated and delivered by the Trustee. Such Trustee on the Issue Date and such Note Guarantee shall be executed on behalf of each Guarantor by either manual or facsimile signature of one an 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 actionGuarantor. 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 of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall remain be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each the Guarantor.

Appears in 1 contract

Samples: Indenture (1295728 Alberta ULC)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0110.01 hereof, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached as Exhibit E hereto, shall D hereto will be endorsed by an Officer of such Guarantor (or a duly authorized attorney appointed by such Guarantor for such purpose) on each Note authenticated and delivered by the Trustee. Such Note Guarantee shall Trustee and that this Indenture will be executed on behalf of each such Guarantor by either manual one of its Officers (or facsimile signature of one Officer or other person a duly authorized attorney appointed by all necessary corporate action of each such 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 Notefor such purpose). Each of the Guarantors Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 shall hereof will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a on the Note Guarantee no longer holds that office at the time the Trustee or the Authentication Agent authenticates the Note on which such a Note Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Note Guarantee of such Note shall nevertheless will be validvalid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall will constitute due delivery of any the Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors.

Appears in 1 contract

Samples: Indenture (Elster Group SE)

Execution and Delivery of Note Guarantee. To further evidence its Note Guarantee set forth in Section 10.0112.1, each Guarantor hereby agrees that a notation of such Note Guarantee, Guarantee substantially in the form of attached hereto as Exhibit E hereto, B shall be endorsed on each Note authenticated and delivered by the Trustee. Such notation of Note Guarantee shall be executed signed on behalf of each such Guarantor by either an officer of such Guarantor (or, if an officer is not available, by a board member or director) on behalf of such Guarantor by manual or facsimile signature signature. In case the Officer, board member or director of one Officer or other person duly authorized by all necessary corporate action of each such Guarantor who shall have been duly authorized to so execute by all requisite corporate action. The validity and enforceability signed such notation of any Note Guarantee shall not cease to be affected such Officer, board member or director before the Note on which such Note Guarantee is endorsed shall have been authenticated and delivered by the fact that it is Trustee, such Note nevertheless may be authenticated and delivered as though the Person who signed such notation of Note Guarantee had not affixed ceased to any particular Notebe such officer, board member or director. Each of the Guarantors hereby Guarantor agrees that its Note Guarantee set forth in Section 10.01 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 such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Note Guarantee of such Note shall nevertheless be valid. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Note Guarantee set forth in this Indenture on behalf of each Guarantorthe Guarantors. The failure to endorse a Note Guarantee shall not affect or impair the validity thereof.

Appears in 1 contract

Samples: Louisiana-Pacific Corp

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