Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine shall evidence its Subsidiary Guarantee set forth in Section 1601 without the need for any further notation on the Securities. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 4 contracts
Sources: Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC), Indenture (Salant Corp)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine hereof shall evidence its Subsidiary Guarantee set forth in Section 1601 11.01 without the need for any further notation on the SecuritiesNotes. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental Supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities Notes or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 4 contracts
Sources: Indenture (Landrys Restaurants Inc), Indenture (Science Craftsman INC), Indenture (Landrys Restaurants Inc)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine shall evidence its Subsidiary Guarantee set forth in Section 1601 1701 without the need for any further notation on the Securities. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 1701 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 4 contracts
Sources: Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC), Indenture (Salant Corp)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine shall To evidence its Subsidiary Guarantee set forth in Section 1601 without 10.01, each Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the need for any further notation form of Exhibit C (executed by the manual or facsimile signature of one of its Officers) shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the SecuritiesTrustee and that this Indenture shall be executed on behalf of such Guarantor by an Officer of such Guarantor. Each of the Subsidiary Guarantors Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 1601 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation relating to of such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates such Securities or at any time thereafterthe Note on which a Subsidiary Guarantee is endorsed, such Subsidiary Guarantor’s the Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary GuarantorGuarantors.
Appears in 3 contracts
Sources: Indenture (Delta Mills Inc), Indenture (Allied Holdings Inc), Indenture (Delta Woodside Industries Inc /Sc/)
Execution and Delivery of Subsidiary Guarantees. Each To further evidence the Subsidiary Guarantees set forth in Section 1501, each Subsidiary Guarantor hereby agrees that its execution a notation relating to such Subsidiary Guarantees shall be endorsed on each Security authenticated and delivery of this Indenture or any supplemental indentures pursuant to Article Nine shall evidence its Subsidiary Guarantee set forth delivered by the Trustee in the form provided for in Section 1601 without 205 and executed on behalf of the need for any further notation on the SecuritiesSubsidiary Guarantors by either manual or facsimile signature by an authorized officer of each Subsidiary Guarantor. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 1501 shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture a Security no longer holds that office at the time the Trustee authenticates such Securities Security or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 3 contracts
Sources: Indenture (NGC Corp), Indenture (NGC Corp), Indenture (NGC Corp)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine hereof shall evidence its Subsidiary Guarantee set forth in Section 1601 11.01 without the need for any further notation on the SecuritiesNotes. Each of the Subsidiary Guarantors Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 1601 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation relating to such its Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or Indenture, any supplemental Supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities Notes or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any each Subsidiary Guarantee set forth in this Indenture on behalf of the each Subsidiary Guarantor.
Appears in 2 contracts
Sources: Indenture (Hhgregg, Inc.), Indenture (HHG Distributing, LLC)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine Section 4.22 hereof shall evidence its Subsidiary Guarantee set forth in Section 1601 11.01 without the need for any further notation on the SecuritiesNotes. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental Supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities Notes or at any time thereafter, such Subsidiary Guarantor’s 's Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 2 contracts
Sources: Indenture (Esterline Technologies Corp), Indenture (Armor Holdings Inc)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine Section 4.22 hereof shall evidence its Subsidiary Guarantee set forth in Section 1601 11.01 without the need for any further notation on the SecuritiesNotes. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities Notes or at any time thereafter, such Subsidiary Guarantor’s 's Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 1 contract
Sources: Indenture (O Charleys Inc)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine Section 4.22 hereof shall evidence its Subsidiary Guarantee set forth in Section 1601 11.01 without the need for any further notation on the SecuritiesNotes. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities Notes or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 1 contract
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine shall To further evidence its the Subsidiary Guarantee set forth in Section 1601 without the need for any further 8.01 hereof, each Subsidiary Guarantor hereby agrees that notation on the Securities. Each of the Subsidiary Guarantors Guarantee shall be endorsed on each Security delivered by the Agent and executed by either manual or facsimile signature of an authorized officer of such Subsidiary Guarantor. Each Subsidiary Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 1601 8.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Security a notation relating to such of the Subsidiary Guarantee. If an Officer officer of a the Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture Security no longer holds that office at the time the Trustee authenticates Agent delivers such Securities Security or at any time thereafter, such the Subsidiary Guarantor’s Subsidiary Guarantee of such Security shall be valid nevertheless. The delivery of any Security by the Trustee, after the authentication thereof hereunder, Agent shall constitute due delivery of any the Subsidiary Guarantee set forth in this Indenture the Security on behalf of the such Subsidiary Guarantor, whether or not the notation of Subsidiary Guarantee is endorsed thereon.
Appears in 1 contract
Sources: Subordinated Term Loan Notes (FriendFinder Networks Inc.)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine Section 4.22 hereof shall evidence its Subsidiary Guarantee set forth in Section 1601 11.01 without the need for any further notation on the SecuritiesNotes. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental Supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities Notes or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 1 contract
Execution and Delivery of Subsidiary Guarantees. Each The Subsidiary Guarantor hereby agrees that its execution and delivery Guarantees to be endorsed on the Securities shall include the terms of this Indenture or any supplemental indentures pursuant to Article Nine shall evidence its the Subsidiary Guarantee set forth in Section 1601 without 1602 and any other terms that may be set forth in the need for any further notation on the Securitiesform established pursuant to Section 204. Each Subject to Section 1601, each of the Subsidiary Guarantors hereby agrees that to execute its Subsidiary Guarantee set forth Guarantee, in a form established pursuant to Section 1601 shall remain in full force and effect notwithstanding any failure 204, to endorse be endorsed on each Security a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture no longer holds that office at authenticated and delivered by the time the Trustee authenticates such Securities or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee shall be valid neverthelessTrustee. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Subsidiary Guarantee endorsed thereon on behalf of the Guarantors and shall bind each Guarantor notwithstanding the fact that Subsidiary Guarantee does not bear the signature of such Guarantor. Each of the Guarantors hereby jointly and severally agrees that its Subsidiary Guarantee set forth in this Indenture Section 1602 and in the form of Subsidiary Guarantee established pursuant to Section 204 shall remain in full force and effect notwithstanding any failure to endorse a Subsidiary Guarantee on behalf of the Subsidiary Guarantorany Security.
Appears in 1 contract
Sources: Indenture (Winn Dixie Logistics Inc)
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine shall To evidence its Subsidiary Guarantee set forth in Section 1601 without the need for any further notation on the Securities. Each of the Subsidiary Guarantors 11.01, each Guarantor hereby agrees that its a notation of such Subsidiary Guarantee set forth substantially in Section 1601 the form included in Exhibit E shall remain in full force be endorsed by an Officer of such Guarantor on each Security authenticated and effect notwithstanding delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by one of its Officers. Notwithstanding the foregoing, each Guarantor hereby agrees that any failure by such Guarantor to endorse on each Security a notation relating to of such Subsidiary Guarantee shall not affect such Guarantor’s obligations under Section 11.01 or the validity of such Guarantor’s Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or on any supplemental indenture Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates such Securities or at any time thereafterthe Security on which the Subsidiary Guarantee is endorsed, such Subsidiary Guarantor’s the Subsidiary Guarantee shall nevertheless be valid neverthelessvalid. The delivery of any Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary GuarantorGuarantors.
Appears in 1 contract
Execution and Delivery of Subsidiary Guarantees. Each Subsidiary Guarantor hereby agrees that its execution and delivery of this Indenture or any supplemental indentures pursuant to Article Nine Section 4.19 shall evidence its Subsidiary Guarantee set forth in Section 1601 11.01 without the need for any further notation on the SecuritiesNotes. Each of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 1601 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Security Note a notation relating to such Subsidiary Guarantee. If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or any supplemental indenture no longer holds that office at the time the Trustee authenticates such Securities Notes or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee shall be valid nevertheless. The delivery of any Security Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Subsidiary Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantor.
Appears in 1 contract
Sources: Indenture (Salant Corp)