Common use of New Indenture Clause in Contracts

New Indenture. The New Indenture has been duly authorized and, when duly executed and delivered by the Company and duly authorized, executed and delivered by the New Trustee, will constitute a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, reorganization, insolvency, moratorium or similar laws affecting creditors’ rights generally or by general equity principles (regardless of whether enforceability is considered in a proceeding in equity or at law). The New Indenture will conform in all material respects to the requirements of the Trust Indenture Act of 1939, as amended, and the regulations of the Commission thereunder (collectively, the “Trust Indenture Act”).

New Indenture. The New Indenture has been duly authorized and, when duly executed and delivered by the Company and duly authorized, executed and delivered by the New Company and the Guarantors and, when duly authorized, executed and delivered in accordance with its terms by the Trustee, will constitute a valid and legally binding agreement of the CompanyCompany and the Guarantors, enforceable against the Company and the Guarantors in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, reorganization, insolvency, moratorium insolvency or similar laws affecting creditors’ rights generally or by general equity equitable principles (regardless of whether enforceability is considered in a proceeding in equity or at law)relating to enforceability. The New Indenture will conform in all material respects to the requirements of the Trust Indenture Act of 1939, as amended, and the regulations of the Commission applicable to an indenture that is qualified thereunder (collectively, the “Trust Indenture Act”).