Common use of Application of Certain Terms and Provisions to the Guarantors Clause in Contracts

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that provides for the delivery by the Guarantors of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 shall apply to the Guarantors as if references therein to the Company were references to the Guarantors. (b) Any request, direction, order or demand that by any provision of this Indenture is to be made by the Guarantors, shall be sufficient if evidenced as described in Section 1.04 as if references therein to the Company were references to the Guarantors. (c) Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors may be given or served as described in Section 1.04 as if references therein to the Company were references to the Guarantors. (d) Upon any demand, request or application by the Guarantors to the Trustee to take any action under this Indenture, the Guarantors shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 hereof as if all references therein to the Company were references to the Guarantors.

Appears in 3 contracts

Sources: Indenture (Grupo TMM Sa), Indenture (Grupo TMM Sa), Indenture (TMM Holdings Sa De Cv)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 12.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that communication which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 12.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 12.4 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 3 contracts

Sources: First Supplemental Indenture (BTG Inc /Va/), First Supplemental Indenture (Lockheed Martin Corp), First Supplemental Indenture (Procom Services)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 hereof shall apply to the Guarantors as if references therein to the Company were references to the Guarantors. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantors, Guarantors shall be sufficient if evidenced as described in Section 1.04 15.01 hereof as if references therein to the Company were references to the Guarantors. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders Holders of Notes to or on the Guarantors may be given or served as described in Section 1.04 15.01 hereof as if references therein to the Company were references to the Guarantors. (d) Upon any demand, request or application by the Guarantors to the Trustee to take any action under this Indenture, the Guarantors shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 15.02 hereof as if all references therein to the Company were references to the Guarantors.

Appears in 2 contracts

Sources: Indenture (NRG Yield, Inc.), Indenture (NRG Yield, Inc.)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company Issuers were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 11.2 hereof as if references therein to the Company Issuers were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 11.2 hereof as if references therein to the Company Issuers were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 11.4 hereof as if all references therein to the Company Issuers were references to the Guarantorssuch Guarantor.

Appears in 2 contracts

Sources: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers' Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 13.02 as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes Holders to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 13.02 as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 13.04 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 2 contracts

Sources: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers' Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 11.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that communication which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 11.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 11.4 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 2 contracts

Sources: Indenture (RFS Partnership Lp), Indenture (RFS Hotel Investors Inc)

Application of Certain Terms and Provisions to the Guarantors. (a1) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 101 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company Issuer or the General Partner, as applicable, were references to the Guarantorssuch Guarantor. (b2) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantors, any Guarantor shall be sufficient if evidenced as described in Section 1.04 Sections 105 and 106 hereof as if references therein to the Company Issuer were references to the Guarantorssuch Guarantor. (c3) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders Holders of Notes Securities to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 105 hereof as if references therein to the Company Issuer were references to the Guarantorssuch Guarantor. (d4) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 102 hereof as if all references therein to the Company Issuer were references to the Guarantorssuch Guarantor.

Appears in 2 contracts

Sources: Indenture (Americold Realty Trust), Indenture (Nova Cold Logistics ULC)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers' Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 11.2 as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 11.2 as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 11.4 hereof as if all references therein to the Company were references to the Guarantors.such Guarantor. ARTICLE X

Appears in 1 contract

Sources: Indenture (United Musical Instruments Usa Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 11.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 11.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 11.4 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (CSK Auto Corp)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers' Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 13.02 as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes Holders to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 13.02 as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 13.04 hereof as if all references therein to the Company were references to the Guarantorssuch Subsidiary Guarantor.

Appears in 1 contract

Sources: Indenture (New Pier Operating Co Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers' Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 12.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 12.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 12.4 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Orbital Sciences Corp /De/)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company Issuers were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 12.2 hereof as if references therein to the Company Issuers were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes Holders to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 12.2 hereof as if references therein to the Company Issuers were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 12.4 hereof as if all references therein to the Company Issuers were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Oasis Interval Ownership, LLC)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 101 shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, demand, authorization, direction, order notice, consent, waiver or demand that other document which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 105 as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice request, demand, authorization, direction, notice, consent, waiver or demand that Act of Holders or other document which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Holder may be given or served as described in Section 1.04 105 as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, application or request or application by the Guarantors any Guarantor to the Trustee to take any action under any provision of this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 102 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Oci Holdings Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers' Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 11.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 11.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 11.4 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Mikohn Gaming Corp)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers' Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 101 shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, demand, authorization, direction, order notice, consent, waiver or demand that other document which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 105 as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice request, demand, authorization, direction, notice, consent, waiver or demand that Act of Holders or other document which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Holder may be given or served as described in Section 1.04 105 as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, application or request or application by the Guarantors any Guarantor to the Trustee to take any action under any provision of this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 102 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Oci Holdings Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion opinion of Counsel, the definitions of such terms in Section 1.01 1.1 shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 12.2 as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 12.2 as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 12.4 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Bio Rad Laboratories Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers' Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 hereof shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 12.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that communication which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders Holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 12.2 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 12.4 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Herbalife International Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 1.1 shall apply to the Guarantors such Guarantor as if references therein to the Company were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantorsany Guarantor, shall be sufficient if evidenced as described in Section 1.04 11.2 as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 11.2 as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 11.4 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Steinway Musical Instruments Inc)

Application of Certain Terms and Provisions to the Guarantors. (a) For purposes of any provision of this Indenture that which provides for the delivery by the Guarantors any Guarantor of an Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.01 hereof shall apply to the Guarantors each Guarantor as if references therein to the Company or the Parent, as applicable, were references to the Guarantorssuch Guarantor. (b) Any request, direction, order or demand that which by any provision of this Indenture is to be made by the Guarantors, any Guarantor shall be sufficient if evidenced as described in Section 1.04 16.05 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (c) Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders Holders of Notes to or on the Guarantors any Guarantor may be given or served as described in Section 1.04 16.03 hereof as if references therein to the Company were references to the Guarantorssuch Guarantor. (d) Upon any demand, request or application by the Guarantors any Guarantor to the Trustee to take any action under this Indenture, the Guarantors such Guarantor shall furnish to the Trustee such certificates and opinions as are required in Section 1.02 16.05 hereof as if all references therein to the Company were references to the Guarantorssuch Guarantor.

Appears in 1 contract

Sources: Indenture (Digital Realty Trust, L.P.)