The Supplemental Indenture. The Company shall have entered into the Supplemental Indenture and the Underwriters shall have received executed counterparts thereof.
The Supplemental Indenture. The Base Indenture, as amended and modified by this Supplemental Indenture, hereby is in all respects ratified, confirmed and approved. This Supplemental Indenture shall be construed in connection with and as part of the Base Indenture.
The Supplemental Indenture. On or prior to the Closing Date, the Supplemental Indenture will have been duly authorized by the PEP Guarantors and, when duly executed and delivered in accordance with its terms by each of the parties thereto, will constitute a valid and binding agreement of the PEP Guarantors, enforceable against the PEP Guarantors in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
The Supplemental Indenture. The Supplemental Indenture (including the Guarantees) has been duly authorized by the Company and, on the Escrow Release Date, will have been duly authorized by each Guarantor and will have been duly executed and delivered by the Issuer, the Company and each Guarantor and will constitute a valid and binding agreement of the Issuer, the Company and each Guarantor, enforceable against the Issuer, the Company and each Guarantor in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, fraudulent conveyance, insolvency, reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally or by general principles of equity.
The Supplemental Indenture. The Supplemental Indenture provides for the following: · Clause (y) of the proviso at the end of the definition of “Debt” in Section 1.1 of the Indenture is amended in its entirety to read as follows: “(y) any debt arising in connection with a Permitted Medusa Transaction or a Permitted Entrada Transaction, or”
The Supplemental Indenture. On or prior to the Merger Closing, the Supplemental Indenture will be duly authorized by each of the Company and the Subsidiary Guarantors and, when duly executed and delivered in accordance with its terms by each of the other parties thereto, the Indenture, as supplemented by the Supplemental Indenture, will constitute a valid and legally binding agreement of each of the Company and the Subsidiary Guarantors enforceable against each of the Company and the Subsidiary Guarantors in accordance with its terms, subject to the Enforceability Exceptions; and upon the Merger Closing, the Indenture, as supplemented by the Supplemental Indenture, will conform in all material respects to the requirements of the Trust Indenture Act applicable to an indenture that is qualified thereunder.
The Supplemental Indenture. The Supplemental Indenture has been duly authorized by the Company, and, when the Supplemental Indenture has been duly executed and delivered in accordance with its terms by each of the parties thereto, the Indenture will constitute a valid and legally binding agreement of the Company enforceable, against the Company in accordance with its terms, subject to the Enforceability Exceptions.
The Supplemental Indenture. The Supplemental Indenture has been duly authorized by the Company and upon effectiveness of the Registration Statement was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its terms by each of the parties thereto, 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 the Enforceability Exceptions.
The Supplemental Indenture. At or prior to the Closing Date, the Supplemental Indenture will be duly and validly authorized by the ProBuild Guarantors and, assuming the due authorization, execution and delivery thereof by the Trustee, when executed and delivered by the ProBuild Guarantors, will be the valid and binding agreement of the ProBuild Guarantors, enforceable against each of them in accordance with its terms, subject to the Enforceability Exceptions.
The Supplemental Indenture. The Supplemental Indenture has been duly authorized by the Company and at the Release Date will have been duly authorized by the HCP Guarantors and, when duly executed and delivered by the Company and the Guarantors on the Release Date, and (assuming the due authorization, execution and delivery thereof by the Trustee) will constitute a valid and legally binding agreement of the Company and the Guarantors enforceable against the Company and the Guarantors in accordance with its terms, subject to the Enforceability Exceptions.
