Common use of RECITALS OF THE COMPANY Clause in Contracts

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 18 contracts

Samples: Indenture (North American Palladium LTD), Indenture (Pretium Resources Inc.), Indenture (Uranerz Energy Corp.)

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RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 16 contracts

Samples: Indenture (L&c Spinco Inc), Satisfaction And (Midcoast Energy Resources Inc), Satisfaction And (Landrys Seafood Restaurants Inc)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 10 contracts

Samples: Indenture (Noble Holding International LTD), And (Abraxas Petroleum Corp), Indenture (Noble Holding International LTD)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 9 contracts

Samples: Indenture (Lakehead Pipeline Co Lp), El Paso Natural Gas Co, El Paso Energy Capital Trust Iii

RECITALS OF THE COMPANY. The Company deems it necessary to issue from time to time for its lawful purposes debt securities (hereinafter called the "Securities") evidencing its indebtedness, and has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required deemed to be part of incorporated into this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 8 contracts

Samples: Indenture (Leap Wireless International Inc), Indenture (Jmar Technologies Inc), Indenture (Realty Income Corp)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisionsIndenture. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 8 contracts

Samples: Indenture (Investar Holding Corp), Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 7 contracts

Samples: Indenture (GMX Resources Inc), Indenture (Noble Drilling Corp), Abraxas Petroleum (Abraxas Petroleum Corp)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 6 contracts

Samples: Indenture (Key Energy Group Inc), Indenture (Transocean Sedco Forex Inc), Indenture (Transocean Offshore Inc)

RECITALS OF THE COMPANY. The Company deems it necessary to issue from time to time for its lawful purposes debt securities (hereinafter called the "Securities") evidencing its indebtedness, and has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series Series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required deemed to be part of incorporated into this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 5 contracts

Samples: Indenture (Lexington Corporate Properties Trust), Indenture (Beazer Homes Usa Inc), Chartermac

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured convertible subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) that Act and the rules and regulations of the Commission promulgated thereunder which are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, Company in accordance with its terms, terms have been done.

Appears in 4 contracts

Samples: Indenture (Innovative Valve Technologies Inc), Pentegra Dental Group Inc, American Residential Services Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 4 contracts

Samples: Suncor Energy Inc, Suncor Energy Inc, Indenture (Borg Warner Automotive Inc)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 4 contracts

Samples: Indenture (Abraxas Petroleum Corp), Indenture (Noble Drilling Corp), Noble Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 4 contracts

Samples: Indenture (Amcv Capital Trust I), Kinder Morgan Inc, Lakehead Pipeline Co Lp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 4 contracts

Samples: And (Abraxas Petroleum Corp), Abraxas Petroleum Corp, Brigham Holdings Ii LLC

RECITALS OF THE COMPANY. The Company deems it necessary to issue from time to time for its lawful purposes debt Securities (hereinafter called the "Securities") evidencing its indebtedness, and has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required deemed to be part of incorporated into this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 4 contracts

Samples: Indenture (Shurgard Storage Centers Inc), Shurgard Storage Centers Inc, Shurgard Storage Centers Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured senior or subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 3 contracts

Samples: Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp), Boston Scientific Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 3 contracts

Samples: Uranium Energy Corp, Vasogen Inc, Biovail Corp International

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 3 contracts

Samples: Remington Oil & Gas Corp, Weatherford International Inc /New/, Anadarko Petroleum Capital Trust Iii

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”"SECURITIES"), which may be convertible into or exchangeable for any securities of any person Person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 3 contracts

Samples: Indenture (Encana Corp), Encana Corp, Encana Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may but are not required to be convertible into or exchangeable for any securities of any person (including guaranteed by the Company)Guarantors, to be issued in one or more series as in this Indenture provided. This Indenture is subject to The Company directly or indirectly owns 100% of the provisions capital stock of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisionsGuarantors. All things necessary to make this Indenture a valid agreement of the CompanyCompany and of the Guarantor, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 3 contracts

Samples: Comstock Resources Inc, Medallion California Properties Co, Comstock Resources Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance by the Company in one or more series from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”)indebtedness, which may be convertible into or exchangeable for any securities of any person (including the Company)unlimited as to principal amount, to bear such rates of interest, to mature at such time or times and to have such other provisions as shall be issued in one or more series fixed as in this Indenture hereinafter provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the CompanyCompany and the Trustee, in accordance with its terms, have been done.

Appears in 3 contracts

Samples: Xto Energy Inc, Xto Energy Inc, Xto Energy Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as provided in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisionsIndenture. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 3 contracts

Samples: Indenture (BCB Bancorp Inc), First of Long Island Corp, WashingtonFirst Bankshares, Inc.

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities Securities of any person Person (including the Company), as defined below) to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation Act (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 2 contracts

Samples: Indenture (Teck Cominco LTD), Teck Resources (Teck Metals Ltd.)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debenturesdebentures (secured and unsecured), notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 2 contracts

Samples: Indenture (Energy Fuels Inc), Energy Fuels Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as provided in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisionsIndenture. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 2 contracts

Samples: Indenture (BCB Bancorp Inc), Smithtown Bancorp Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisionsIndenture. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 2 contracts

Samples: Indenture (Globalstar, Inc.), Indenture (Globalstar, Inc.)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid and binding agreement of the Company, in accordance with its terms, have been done.

Appears in 2 contracts

Samples: Indenture (Hub International LTD), Imax Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured senior debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid and binding agreement of the Company, in accordance with its terms, have been done.

Appears in 2 contracts

Samples: Indenture (Hub International LTD), Imax Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series series, either with or without the benefit of Subsidiary Guarantors (as defined herein), as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 2 contracts

Samples: Satisfaction And (Landrys Seafood Restaurants Inc), Midcoast Energy Resources Inc

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RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person Person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 2 contracts

Samples: Encana Corp, Encana Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable. shall be governed by such provisions.

Appears in 2 contracts

Samples: El Paso Natural Gas Co, El Paso Energy Capital Trust I

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, Noble, and NDHLtd in accordance with its terms, have been done.

Appears in 1 contract

Samples: Noble Drilling Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, Noble, and Holdco in accordance with its terms, have been done.

Appears in 1 contract

Samples: Noble Drilling Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured convertible subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into either with or exchangeable for any securities without the benefit of any person Subsidiary Guarantees (including the Company), as defined herein) to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) that Act and the rules and regulations of the Commission promulgated thereunder which are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, Company in accordance with its terms, terms have been done.

Appears in 1 contract

Samples: Magnum Hunter Resources Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid and binding agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Ati Technologies Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), ") to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Cooper Cameron Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as provided in this Indenture providedIndenture. This Indenture is subject to the provisions of the Trust Indenture Legislation (as defined below) Act and the rules and regulations of the Commission promulgated thereunder that are required to be part of this Indenture and shalland, to the extent applicable, shall be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, Noble, and NDHLtd in accordance with its terms, have been done.

Appears in 1 contract

Samples: Noble Drilling Corp

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured senior debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series and up to such principal amount or amounts as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Indenture (Complete Management Inc)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Dvi Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called to the extent authenticated and delivered under this Indenture, the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as provided in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisionsIndenture. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 1 contract

Samples: Park National Corp /Oh/

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company"), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are requested to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 1 contract

Samples: Benchmark Electronics Inc

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured and senior or subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities”), ") which may be convertible into or exchangeable for any securities of any person Person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Indenture (Schering Plough Corp)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”"SECURITIES"), which may be convertible into or exchangeable for any securities of any person Person (including the Company), to be issued in one or more series as in this Indenture providedPROVIDED. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Indenture (Husky Energy Inc)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the "Securities"), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series and up to such principal amount or amounts as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Indenture (Complete Management Inc)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured subordinated debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of Trust Indenture Legislation (as defined below) that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, Company in accordance with its terms, have been done. This Indenture is subject to the provisions of the Trust Indenture Act that are required to be a part of this Indenture and, to the extent applicable, shall be governed by such provisions.

Appears in 1 contract

Samples: Cornell Abraxas Group, Inc.

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”"SECURITIES"), which may be convertible into or exchangeable for any securities of any person Person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Indenture (Husky Energy Inc)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Indenture (Encana Corp)

RECITALS OF THE COMPANY. The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), which may be convertible into or exchangeable for any securities of any person Person (including the Company), to be issued in one or more series as in this Indenture provided. This Indenture is subject to the provisions of the Trust Indenture Legislation (Act of 1939, as defined below) amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

Appears in 1 contract

Samples: Husky Energy Inc

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