Common use of Execution of Supplemental Indenture for Future Guarantors Clause in Contracts

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.18 shall promptly, and, in any event, within 30 days, execute and deliver to the Trustee a supplemental indenture in the form of Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 12 and shall guarantee the Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture, the Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or to such other matters as the Trustee may reasonably request.

Appears in 2 contracts

Samples: Playa Hotels & Resorts N.V., Playa Hotels & Resorts B.V.

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Execution of Supplemental Indenture for Future Guarantors. Each Any Wholly Owned Subsidiary and that is a domestic Subsidiary or any other Person which Subsidiary that is not a Guarantor that guarantees any Indebtedness of the Company is required to become a Guarantor pursuant and the Company shall cause each such Subsidiary to Section 4.18 shall promptly, and, in any event, within 30 days, promptly execute and deliver to the Trustee a supplemental indenture in the form of Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) C hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 12 11 and shall guarantee the Guaranteed ObligationsObligations of the Company under the Securities and this Indenture. Concurrently with the execution and delivery of such supplemental indenture, the Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or terms, and as to any such other matters as the Trustee may reasonably request.

Appears in 2 contracts

Samples: Trend Drilling Co, Nabors Industries Inc

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.18 4.11 shall promptly, and, in any event, within 30 days, promptly execute and deliver to the Trustee a supplemental indenture in the form of Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) C pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 12 10 and shall guarantee the Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture, the Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Officer’s Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or to terms. Notwithstanding the foregoing, an Officer’s Certificate and an Opinion of Counsel shall not be required in connection with the addition of any Guarantor under this Indenture on the Issue Date upon execution and delivery by such other matters as Guarantor and the Trustee may reasonably request.of a Supplemental Indenture to this Indenture

Appears in 2 contracts

Samples: Supplemental Indenture (Homefed Corp), Supplemental Indenture (Homefed Corp)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.18 4.17 or the first sentence of Section 10.01(a) after the Issue Date shall promptly, and, in any event, within 30 days, promptly (i) 125 execute and deliver to the Trustee a supplemental indenture in the form of Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) C hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 12 10 and shall guarantee the Guaranteed ObligationsObligations and (ii) execute and deliver to the Collateral Trustee a Grantor Supplement pursuant to which such Guarantor shall, subject to applicable legal limitations, be subject to the terms of the applicable Security Documents. Concurrently with the execution and delivery of such supplemental indenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Officer’s Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or to such other matters as the Trustee may reasonably requestterms.

Appears in 1 contract

Samples: Pledge and Security Agreement (Party City Holdco Inc.)

Execution of Supplemental Indenture for Future Guarantors. Each Restricted Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.18 4.11 shall promptly, and, in any event, within 30 days, promptly execute and deliver to the Trustee a supplemental indenture in the form of Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) C pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 12 10 and shall guarantee the Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture, the Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Officer’s Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Restricted Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or to terms. Notwithstanding the foregoing, an Officer’s Certificate and an Opinion of Counsel shall not be required in connection with the addition of any Guarantor under this Indenture on the Issue Date upon execution and delivery by such other matters as Guarantor and the Trustee may reasonably request.of a Supplemental Indenture to this Indenture

Appears in 1 contract

Samples: Indenture (Metaldyne Performance Group Inc.)

Execution of Supplemental Indenture for Future Guarantors. Each The Parent and the Company shall cause each Restricted Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.18 shall promptly, and, in any event, within 30 days, 4.21 to promptly execute and deliver to the Trustee a supplemental indenture in the form of attached as Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) pursuant to which such Restricted Subsidiary or other Person shall become a Guarantor under this Article 12 11 and shall guarantee the Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture, in addition to the opinions and certifications to be delivered pursuant to Article 9 hereof, the Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Officer’s Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Restricted Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or and or to such other matters as the Trustee may reasonably request.

Appears in 1 contract

Samples: Intercreditor Agreement (Azure Power Global LTD)

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Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.18 4.11 or the first sentence of Section 10.01(a) after the Issue Date shall promptly, and, in any event, within 30 days, promptly (i) execute and deliver to the Trustee a supplemental indenture in the form of Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) C hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 12 10 and shall guarantee the Guaranteed ObligationsObligations and (ii) execute and deliver to the Collateral Trustee a Grantor Supplement pursuant to which such Guarantor shall, subject to applicable legal limitations, be subject to the terms of the applicable Security Documents. Concurrently with the execution and delivery of such supplemental indenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Officer’s Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or to such other matters as the Trustee may reasonably requestterms.

Appears in 1 contract

Samples: Indenture (Party City Holdco Inc.)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.18 4.11 or the first sentence of Section 10.01(a) after the Issue Date shall promptly, and, in any event, within 30 days, promptly (i) execute and deliver to the Trustee a supplemental indenture in the form of Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) C hereto pursuant to which such Subsidiary or 106 other Person shall become a Guarantor under this Article 12 10 and shall guarantee the Guaranteed ObligationsObligations and (ii) execute and deliver to the Collateral Trustee a Grantor Supplement pursuant to which such Guarantor shall, subject to applicable legal limitations, be subject to the terms of the applicable Security Documents. Concurrently with the execution and delivery of such supplemental indenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Officer's Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or to such other matters as the Trustee may reasonably requestterms.

Appears in 1 contract

Samples: Party City Holdco Inc.

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.18 shall, and the Issuers shall promptlycause each such Subsidiary to, and, in any event, within 30 days, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) F hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 12 10 and shall guarantee Guarantee the Guaranteed Obligationsobligations of the Issuers under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture, the Company Issuers shall deliver to the Trustee an Officers’ Certificate and an Opinion of Counsel and an Officers’ Certificate to stating that such supplemental indenture is authorized or permitted by this Indenture and, in the effect case of such Opinion of Counsel, additionally stating that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or to such other matters as the Trustee may reasonably requestterms.

Appears in 1 contract

Samples: Indenture (Stonemor Partners Lp)

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