Common use of Indenture and Guarantees Clause in Contracts

Indenture and Guarantees. The Company issued the Securities under an Indenture, dated as of February 20, 1997 (the "Indenture"), between the Company and the Trustee. --------- Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. (S)(S) 77aaa-77bbbb) (the "TIA"), as in --- effect on the date of the Indenture until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and holders of Securities are referred to the Indenture and the TIA for a statement of them. The Securities are general obligations of the Company limited in aggregate principal face amount to $275,000,000. If any Restricted Subsidiary guarantees any Senior Indebtedness of the Company which has registration rights (including the requirement to effect an exchange offer registered under the Securities Act) or which is registered under the Securities Act, payment on each Security shall be guaranteed (each, a "Guaranty") on a senior subordinated basis, jointly and -------- severally, by such Restricted Subsidiary (each, a "Guarantor") pursuant to --------- Article Eleven and Article Twelve of the Indenture. In certain circumstances, the Guaranties may be released.

Appears in 1 contract

Samples: Tci Satellite Entertainment Inc

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Indenture and Guarantees. The Company Issuers issued the Securities under an Indenture, dated as of February 202, 1997 1998 (the "Indenture"), between by and among the Company Issuers and the Trustee. --------- Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. This Security is one of a duly authorized issue of Securities of the Issuers designated as their 10 3/4% Senior Discount Notes due 2009, Series A, limited (except as otherwise provided in the Indenture) in aggregate principal amount at maturity to $169,000,000 which may be issued under the Indenture. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 1939, as amended (15 U.S.C. (S)(S) Sections 77aaa-77bbbb) (the "TIA"), as in --- effect on the date of the Indenture (except as otherwise indicated in the Indenture) until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and holders of Securities are referred to the Indenture and the TIA for a statement of them. The Securities are general unsecured obligations of the Company limited in aggregate principal face amount to $275,000,000. If any Restricted Subsidiary guarantees any Senior Indebtedness of the Company which has registration rights (including the requirement to effect an exchange offer registered under the Securities Act) or which is registered under the Securities Act, payment on each Security shall be guaranteed (each, a "Guaranty") on a senior subordinated basis, jointly and -------- severally, by such Restricted Subsidiary (each, a "Guarantor") pursuant to --------- Article Eleven and Article Twelve of the Indenture. In certain circumstances, the Guaranties may be releasedIssuers.

Appears in 1 contract

Samples: Indenture (Graham Packaging Holdings Co)

Indenture and Guarantees. The Company issued the Securities under an Indenture, dated as of February 20, 1997 (the "Indenture"), between the Company and the Trustee. --------- Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. (S)(S) 77aaa-77bbbbS)(S)77aaa-77bbbb) (the "TIA"), as in effect --- effect on the date of the Indenture until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and holders of Securities are referred to the Indenture and the TIA for a statement of them. The Securities are general obligations of the Company limited in aggregate principal face amount to $275,000,000200,000,000. If any Restricted Subsidiary guarantees any Senior Indebtedness of the Company which has registration rights (including the requirement to effect an exchange offer registered under the Securities Act) or which is registered under the Securities Act, payment on each Security shall be guaranteed (each, a "Guaranty") on a senior subordinated basis, jointly and -------- severally, by such -------- Restricted Subsidiary (each, a "Guarantor") pursuant to --------- Article Eleven and --------- Article Twelve of the Indenture. In certain circumstances, the Guaranties may be released.

Appears in 1 contract

Samples: Tci Satellite Entertainment Inc

Indenture and Guarantees. The Company issued the Securities under an Indenture, dated as of February 20September 15, 1997 1992 (the "Indenture"), between among the Company Company, the Guarantors and the Trustee. --------- This Security is one of a duly authorized issue of Securities of the Company designated as its 12% Senior Notes Due 2002, Series B (the "Series B Securities"), limited (except as otherwise provided in the Indenture) in aggregate principal amount to $90,000,000, which may be issued under the Indenture. Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. (S)(S) U.S. Code xx.xx. 77aaa-77bbbb) (the "TIA"), as in --- effect on the date of the Indenture until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and holders Holders of Securities are referred to the Indenture and the TIA said Act for a statement of them. The Securities are general unsecured obligations of the Company limited in aggregate principal face amount to $275,000,00090,000,000. If any Restricted Subsidiary guarantees any Senior Indebtedness of the Company which has registration rights (including the requirement to effect an exchange offer registered under the Securities Act) or which is registered under the Securities Act, payment Payment on each Security shall be is guaranteed (each, a "Guaranty") on a senior subordinated basis, jointly and -------- severally, by such Restricted Subsidiary (each, a "Guarantor") the Guarantors pursuant to --------- Article Eleven and Article Twelve of the Indenture. In certain circumstances, the Guaranties may be released.

Appears in 1 contract

Samples: Duane Reade Inc

Indenture and Guarantees. The Company issued the Securities under an Indenture, dated as of February 20May 4, 1997 1995 (the "Indenture"), between among the Company Company, the Subsidiary Guarantors and the Trustee. --------- Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. (S)(S) Sections 77aaa-77bbbb) (the "TIA"), as in --- effect on the date of the Indenture until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and holders Holders of Securities are referred to the Indenture and the TIA said Act for a statement of them. The Securities are general unsecured obligations of the Company limited in aggregate principal face amount to $275,000,000200,000,000. If any Restricted Subsidiary guarantees any Senior Indebtedness of the Company which has registration rights (including the requirement to effect an exchange offer registered under the Securities Act) or which is registered under the Securities Act, payment Payment on each Security shall be is guaranteed (each, a "Guaranty") on a senior subordinated basis, jointly and -------- severally, by such Restricted the Subsidiary (each, a "Guarantor") Guarantors pursuant to --------- Article Eleven and Article Twelve of the Indenture. In certain circumstancesThe Securities include the Initial Securities and the Exchange Securities, as defined below, issued in exchange for the Guaranties may be releasedInitial Securities pursuant to the Indenture. The Initial Securities and the Exchange Securities are treated as a single class of securities under the Indenture.

Appears in 1 contract

Samples: Dominicks Supermarkets Inc

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Indenture and Guarantees. The Company Issuers issued the Securities under an Indenture, dated as of February 202, 1997 1998 (the "Indenture"), between by and among the Company Issuers and the Trustee. --------- Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. This Security is one of a duly authorized issue of Securities of the Issuers designated as their 10 3/4% Senior Discount Notes due 2009, Series B, limited (except as otherwise provided in the Indenture) in aggregate principal amount at maturity to $169,000,000, which may be issued under the Indenture. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 1939, as amended (15 U.S.C. (S)(S) Sections 77aaa-77bbbb) (the "TIA"), as in --- effect on the date of the Indenture (except as otherwise indicated in the Indenture) until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and holders of Securities are referred to the Indenture and the TIA for a statement of them. The Securities are general unsecured obligations of the Company limited in aggregate principal face amount to $275,000,000. If any Restricted Subsidiary guarantees any Senior Indebtedness of the Company which has registration rights (including the requirement to effect an exchange offer registered under the Securities Act) or which is registered under the Securities Act, payment on each Security shall be guaranteed (each, a "Guaranty") on a senior subordinated basis, jointly and -------- severally, by such Restricted Subsidiary (each, a "Guarantor") pursuant to --------- Article Eleven and Article Twelve of the Indenture. In certain circumstances, the Guaranties may be releasedIssuers.

Appears in 1 contract

Samples: Indenture (Graham Packaging Holdings Co)

Indenture and Guarantees. The Company issued the Securities under an Indenture, dated as of February 20, 1997 (the "Indenture"), between the Company and the Trustee. --------- Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. (S)(S) 77aaa-77bbbbS)(S)77aaa-77bbbb) (the "TIA"), as in effect --- effect on the date of the Indenture until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and holders of Securities are referred to the Indenture and the TIA for a statement of them. The Securities are general obligations of the Company limited in aggregate principal face amount to $275,000,000. If any Restricted Subsidiary guarantees any Senior Indebtedness of the Company which has registration rights (including the requirement to effect an exchange offer registered under the Securities Act) or which is registered under the Securities Act, payment on each Security shall be guaranteed (each, a "Guaranty") on a senior subordinated basis, jointly and -------- severally, by such Restricted Subsidiary (each, a "Guarantor") pursuant to --------- Article Eleven and Article Twelve of the Indenture. In certain circumstances, the Guaranties may be released.

Appears in 1 contract

Samples: Tci Satellite Entertainment Inc

Indenture and Guarantees. The Company issued the Securities under an Indenture, dated as of February 20September 15, 1997 1992 (the "Indenture"), between among the Company Company, the Guarantors and the Trustee. --------- This Security is one of a duly authorized issue of Securities of the Company designated as its 12% Senior Notes Due 2002, Series A (the "Series A Securities"), limited (except as otherwise provided in the Indenture) in aggregate principal amount to $90,000,000, which may be issued under the Indenture. Capitalized terms herein are used as defined in the Indenture unless otherwise defined herein. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. (S)(S) U.S. Code xx.xx. 77aaa-77bbbb) (the "TIA"), as in --- effect on the date of the Indenture until such time as the Indenture is qualified under the TIA, and thereafter as in effect on the date on which the Indenture is qualified under the TIA. Notwithstanding anything to the contrary herein, the Securities are subject to all such terms, and holders Holders of Securities are referred to the Indenture and the TIA said Act for a statement of them. The Securities are general unsecured obligations of the Company limited in aggregate principal face amount to $275,000,00090,000,000. If any Restricted Subsidiary guarantees any Senior Indebtedness of the Company which has registration rights (including the requirement to effect an exchange offer registered under the Securities Act) or which is registered under the Securities Act, payment Payment on each Security shall be is guaranteed (each, a "Guaranty") on a senior subordinated basis, jointly and -------- severally, by such Restricted Subsidiary (each, a "Guarantor") the Guarantors pursuant to --------- Article Eleven and Article Twelve of the Indenture. In certain circumstances, the Guaranties may be released.

Appears in 1 contract

Samples: Duane Reade Inc

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