Common use of The Notes and the Guarantees Clause in Contracts

The Notes and the Guarantees. The issuance and sale of the Notes have been duly authorized by the Company and, when duly executed, authenticated, issued and delivered as provided in the Indenture and paid for as provided herein, the Notes will be duly issued and will constitute valid and binding obligations of the Company enforceable against the Company in accordance with their terms, subject to the Enforceability Exceptions, and will be entitled to the benefits of the Indenture; and the execution and delivery of each Guarantee has been duly authorized by the applicable Guarantor and, when duly endorsed by such Guarantor as provided in the Indenture, each Guarantee will constitute a valid and binding agreement of such Guarantor, enforceable against such Guarantor in accordance with its terms, subject to the Enforceability Exceptions.