Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.01, each Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as Exhibit B hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by one of its Officers. (b) Each Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee. (c) If an Officer whose signature is on this Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless. (d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Guarantors. (e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 3 contracts
Sources: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)
Execution and Delivery of Subsidiary Guarantees. (a) To further evidence its the Subsidiary Guarantee set forth in Section 11.014.01, each Guarantor of the Subsidiary Guarantors hereby agrees that a notation of such Subsidiary Guarantee Guarantee, substantially in the form attached as included in Exhibit B hereto A hereto, shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee after such Subsidiary Guarantee is executed by either manual or facsimile signature of an Officer of each Subsidiary Guarantor. The validity and enforceability of any Subsidiary Guarantee shall not be affected by the fact that this Indenture shall be executed on behalf of such Guarantor by one of its Officersit is not affixed to any particular Note.
(b) Each Guarantor of the Subsidiary Guarantors hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 4.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee.
(c) If an Officer of a Subsidiary Guarantor whose signature is on this the Indenture or on the Subsidiary Guarantee a Note no longer holds that office at the time the Trustee authenticates the such Note on which a or at any time thereafter, such Subsidiary Guarantor’s Subsidiary Guarantee is endorsed, the Subsidiary Guarantee of such Note shall be valid nevertheless.
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the any Subsidiary Guarantee set forth in this the Indenture on behalf of the GuarantorsSubsidiary Guarantor.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 2 contracts
Sources: Indenture (Beazer Homes Usa Inc), Thirteenth Supplement Indenture (Beazer Homes Usa Inc)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.015.1 hereof, each Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as of Exhibit B hereto 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 Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by one an Officer of its Officers.
(b) such Guarantor. Each Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 5.1 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note Security a notation of such Subsidiary Guarantee.
(c) . If an Officer whose signature is on this Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note Security on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless.
(d) . The delivery of any Note Security by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Guarantors.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 2 contracts
Sources: Indenture (Americredit Corp), Indenture (Americredit Financial Services of Canada LTD)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.0110.01 hereof, each Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as of Exhibit B hereto E (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 Trustee and that this Indenture shall be executed on behalf of such Guarantor by one an Officer of its Officers.
(b) such Guarantor. Each Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee.
(c) . If an Officer whose signature is on this Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless.
(d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Guarantors.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Sources: Indenture (Americredit Corp)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its the Subsidiary Guarantee Guarantees set forth in Section 11.0111.01 hereof, each Guarantor hereby of the Guarantors agrees that a notation of such the Subsidiary Guarantee Guarantees substantially in the form attached as included in Exhibit B hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor each of the Guarantors by the Chairman of the Board, any Vice Chairman, the President or one of its Officers.
(b) the Vice Presidents of each of the Guarantors. Notwithstanding the foregoing, in the event additional Subsidiary Guarantees are created pursuant to Section 4.18 hereof, any Notes issued prior to the existence of any such additional Subsidiary Guarantees need not be reissued by the Company to include the names of such additional Guarantors. Each Guarantor hereby agrees of the Guarantors agree that its the Subsidiary Guarantee Guarantees set forth in Section 11.01 hereof shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such the Subsidiary Guarantee.
(c) Guarantees. If an Officer whose facsimile signature is on this Indenture or on the Subsidiary Guarantee a Note no longer holds that office at the time the Trustee authenticates the Note on which a the Subsidiary Guarantee is Guarantees are endorsed, the Subsidiary Guarantee Guarantees shall be valid nevertheless.
(d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee Guarantees set forth in this Indenture on behalf of the Guarantors.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Sources: Indenture (Riviera Holdings Corp)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.0110.01 hereof, each Guarantor hereby of the Subsidiary Guarantors agrees that a notation of such the Subsidiary Guarantee Guarantees substantially in the form attached as included in Exhibit B A hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of the Subsidiary Guarantors by an Officer of each of such Guarantor by one Subsidiary Guarantors. Each of its Officers.
(b) Each Guarantor hereby the Subsidiary Guarantors agrees that its the Subsidiary Guarantee Guarantees set forth in Section 11.01 shall this Article 10 will remain in full force and effect and apply to all the Notes, notwithstanding any failure to endorse on each Note a notation of such the Subsidiary Guarantee.
(c) Guarantees. If an Officer whose facsimile signature is on this Indenture or on the a Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a the Subsidiary Guarantee is Guarantees are endorsed, the Subsidiary Guarantee Guarantees shall be valid nevertheless.
(d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee Guarantees set forth in this Indenture on behalf of the Subsidiary Guarantors.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its the Subsidiary Guarantee Guarantees set forth in Section 11.0111.01 hereof, each Guarantor hereby agrees that a notation of such the Subsidiary Guarantee Guarantees substantially in the form attached as of Exhibit B hereto E shall be endorsed by an Officer officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by its President or one of its Officers.
(b) Vice Presidents and attested to by an Officer. Each Guarantor hereby agrees that its the Subsidiary Guarantee Guarantees set forth in Section 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such the Subsidiary Guarantee.
(c) Guarantees. If an officer or Officer whose signature is on this Indenture or on the Subsidiary Guarantee Guarantees no longer holds that office at the time the Trustee authenticates the Note on which a the Subsidiary Guarantee is Guarantees are endorsed, the Subsidiary Guarantee Guarantees shall be valid nevertheless.
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Guarantors.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.01this Supplemental Indenture, each Guarantor the Restricted Subsidiary hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as of Exhibit B hereto C to the Indenture shall be endorsed by an Officer of such Guarantor Restricted Subsidiary on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by one of its Officersafter the date hereof.
(b) Each Guarantor Notwithstanding the foregoing, the Restricted Subsidiary hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 herein shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee.
(c) If an Officer whose signature is on this Supplemental Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless.
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunderunder the Indenture, shall constitute due delivery of the Subsidiary Guarantee set forth in this Supplemental Indenture on behalf of the GuarantorsRestricted Subsidiary.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Sources: Indenture (Iron Mountain Inc /De)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.01, each Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as included in Exhibit B hereto E shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Officers.
(b) Vice Presidents or Treasurer or Chief Financial Officer. Each Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee.
(c) . If an Officer whose signature is on this Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless.
(d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Guarantors.
(e) . In the event that the Company creates or acquires any Domestic Subsidiary after new Subsidiaries subsequent to the Issue Datedate of this Indenture, if required by Section 4.174.19 hereof, the Company shall cause such Domestic Subsidiaries to execute supplemental indentures to this Indenture and Subsidiary to comply Guarantees in accordance with the provisions of Section 4.17 4.19 hereof and this Article 11XI, to the extent applicable.
Appears in 1 contract
Sources: Indenture (Iae Inc)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.0110.01 hereof, each Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as of Exhibit B hereto D (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 Trustee and that this Indenture shall be executed on behalf of such Guarantor by one an Officer of its Officers.
(b) such Guarantor. Each Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee.
(c) . If an Officer whose signature is on this Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless.
(d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Guarantors.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Sources: Indenture (Americredit Corp)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.01this Supplemental Indenture, each the Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as of Exhibit B hereto C to the Indenture shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor by one of its Officersafter the date hereof.
(b) Each Notwithstanding the foregoing, the Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 herein shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee.
(c) If an Officer whose signature is on this Supplemental Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless.
(d) The delivery of any Note by the Trustee, after the authentication thereof hereunderunder the Indenture, shall constitute due delivery of the Subsidiary Guarantee set forth in this Supplemental Indenture on behalf of the GuarantorsGuarantor.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Sources: Indenture (Iron Mountain Inc /De)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee the Guarantees set forth in Section 11.0112.01 hereof, each Guarantor hereby of the Subsidiary Guarantors agrees that a notation of such Subsidiary Guarantee the Guarantees substantially in the form attached as included in Exhibit B A hereto shall be endorsed by an Officer of such Guarantor on each --------- Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor the Subsidiary Guarantors by the President or one of its Officers.
(b) the Vice Presidents of the Subsidiary Guarantors. Each Guarantor hereby agrees of the Subsidiary Guarantors agree that its the Subsidiary Guarantee Guarantees set forth in Section 11.01 this Article 12 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such the Subsidiary Guarantee.
(c) Guarantees. If an Officer whose facsimile signature is on this Indenture or on the Subsidiary Guarantee a Note no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is the Guarantees are endorsed, the Subsidiary Guarantee Guarantees shall be valid nevertheless.
(d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee Guarantees set forth in this Indenture on behalf of the Subsidiary Guarantors.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its the Subsidiary Guarantee set forth in Section 11.01this Article 12, each Subsidiary Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as Exhibit B hereto shall be endorsed by an Officer of such Guarantor placed on each Note authenticated and delivered made available for delivery by the Indenture Trustee and that this Indenture Subsidiary Guarantee shall be executed on behalf of such each Subsidiary Guarantor by one the manual or facsimile signature of its Officersan Officer of each Subsidiary Guarantor.
(b) Each Subsidiary Guarantor hereby agrees that its the Subsidiary Guarantee set forth in Section 11.01 12.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee.
(c) If an Officer of a Subsidiary Guarantor whose signature is on this Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Indenture Trustee authenticates the Note on which a the Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless.
(d) The delivery of any Note by the Indenture Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the Guarantorseach Subsidiary Guarantor.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Sources: Indenture (Transtel S A)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee the Guarantees set forth in Section 11.0110.01 hereof, each Guarantor hereby of the Subsidiary Guarantors agrees that a notation of such Subsidiary Guarantee the Guarantees substantially in the form attached as included in Exhibit B A hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such Guarantor the Subsidiary Guarantors by the President or one of its Officers.
(b) the Vice Presidents of the Subsidiary Guarantors. Each Guarantor hereby agrees of the Subsidiary Guarantors agree that its the Subsidiary Guarantee Guarantees set forth in Section 11.01 this Article 10 shall remain in full force and effect and apply to all the Notes notwithstanding any failure to endorse on each Note a notation of such the Subsidiary Guarantee.
(c) Guarantees. If an Officer whose facsimile signature is on this Indenture or on the Subsidiary Guarantee a Note no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is the Guarantees are endorsed, the Subsidiary Guarantee Guarantees shall be valid nevertheless.
(d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee Guarantees set forth in this Indenture on behalf of the Subsidiary Guarantors.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract
Sources: Indenture (Jacobs Entertainment Inc)
Execution and Delivery of Subsidiary Guarantees. (a) To evidence its Subsidiary Guarantee set forth in Section 11.0110.01 hereof, each the Guarantor hereby agrees that a notation of such Subsidiary Guarantee substantially in the form attached as of Exhibit B hereto E (executed by the manual or facsimile signature of one of its Officers) shall be endorsed by an Officer of such the Guarantor on each Note authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of such the Guarantor by one an Officer of its Officers.
(b) Each the Guarantor. The Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 11.01 10.01 hereof shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Subsidiary Guarantee.
(c) . If an Officer whose signature is on this Indenture or on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which a Subsidiary Guarantee is endorsed, the Subsidiary Guarantee shall be valid nevertheless.
(d) . The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Subsidiary Guarantee set forth in this Indenture on behalf of the GuarantorsGuarantor.
(e) In the event that the Company creates or acquires any Domestic Subsidiary after the Issue Date, if required by Section 4.17, the Company shall cause such Domestic Subsidiary to comply with the provisions of Section 4.17 and this Article 11, to the extent applicable.
Appears in 1 contract