Common use of Execution and Delivery Clause in Contracts

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 17 contracts

Sources: Indenture (West Corp), Indenture (NXP Semiconductors N.V.), Indenture (Freescale Semiconductor, Ltd.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the any Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 9 contracts

Sources: Indenture (New Gold Inc. /FI), Indenture, Indenture (Aris Mining Corp)

Execution and Delivery. (a) To evidence its Guarantee set forth in Section 10.01 hereof10.1, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof 10.1 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the 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 Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof3.11, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 3.11 and this Article 10X, to the extent applicable.

Appears in 7 contracts

Sources: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Guarantor. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer a Person whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.11, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.11 and this Article 10, to the extent applicable.

Appears in 6 contracts

Sources: Senior Secured Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidentsperson holding an equivalent title. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 6 contracts

Sources: Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer Parent shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 6 contracts

Sources: Indenture (OUTFRONT Media Inc.), Indenture (OUTFRONT Media Inc.), Indenture (OUTFRONT Media Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.11, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.11 and this Article 10, to the extent applicable.

Appears in 6 contracts

Sources: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp), Indenture (Permian Resources Corp)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.11, the Issuer Company shall cause any newly newly-created or newly-acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.11 and this Article 10, to the extent applicable.

Appears in 6 contracts

Sources: Senior Notes Indenture (Mativ Holdings, Inc.), Indenture (Matthews International Corp), Senior Secured Notes Indenture (CIMPRESS PLC)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 4.16 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 4.16 hereof and this Article 10, to the extent applicable.

Appears in 5 contracts

Sources: Indenture (Beasley Broadcast Group Inc), Indenture (Beasley Broadcast Group Inc), Indenture (Entercom Communications Corp)

Execution and Delivery. To evidence its Subsidiary Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 10.01 hereof 11.01 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Subsidiary Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Subsidiary Guarantee shall be valid nevertheless. 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. If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 1011, to the extent applicable.

Appears in 4 contracts

Sources: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.12, the Issuer Company shall cause any newly created or acquired Domestic Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.12 and this Article 10, to the extent applicable.

Appears in 4 contracts

Sources: Indenture (Block, Inc.), Indenture (Coinbase Global, Inc.), Indenture (Square, Inc.)

Execution and Delivery. (a) To evidence its Guarantee set forth in Section 10.01 hereof10.1, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof 10.1 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the 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 Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof3.9, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 3.9 and this Article 10X, to the extent applicable.

Appears in 4 contracts

Sources: Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/)

Execution and Delivery. (a) To evidence its Guarantee set forth in Section 10.01 hereof10.1, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof 10.1 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the 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 Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof3.11, the Issuer Issuers shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 3.11 and this Article 10X, to the extent applicable.

Appears in 4 contracts

Sources: Indenture (ZoomInfo Technologies Inc.), Indenture (PPD, Inc.), Indenture (PPD, Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Authorized Officer or one of its Assistant Vice Presidents. Person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Authorized Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the any Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 3 contracts

Sources: Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD), Indenture (Concordia International Corp.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Subsidiary Guarantor hereby agrees that this Indenture shall be executed on behalf of such Subsidiary Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Subsidiary Guarantor. Each Subsidiary Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Subsidiary Guarantors. If required by Section 4.15 4.16 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 4.16 hereof and this Article 10, to the extent applicable.

Appears in 3 contracts

Sources: Indenture (CBS Radio Inc.), Indenture (CBS Radio Inc.), Indenture (CBS Corp)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its Presidentan Officer, one of its Vice Presidents director or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer the person whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the any Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 3 contracts

Sources: Indenture (Alliance Resource Partners Lp), Indenture (Alliance Holdings GP, L.P.), Indenture (Alliance Resource Partners Lp)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.11, the Issuer Company shall cause any newly created or acquired Restricted Domestic Subsidiary (other than an Excluded Subsidiary) to comply with the provisions of Section 4.15 hereof 4.11 and this Article 10, to the extent applicable.

Appears in 3 contracts

Sources: Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (Wolverine World Wide Inc /De/)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture or a supplemental indenture in the form attached as Exhibit D hereto shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 4.14 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 4.14 hereof and this Article 10X, to the extent applicable.

Appears in 2 contracts

Sources: Senior Notes Indenture (Claires Stores Inc), Senior Secured First Lien Notes Indenture (Claires Stores Inc)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or Presidents, one of its Assistant Vice PresidentsPresidents or its Chief Financial Officer. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer Issuers shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 2 contracts

Sources: Indenture (Viasat Inc), Indenture (Diamond Offshore Drilling, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 ‎‎Section 11.01 hereof, each Guarantor hereby agrees that this Indenture (or a supplement thereto) shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 ‎‎Section 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section ‎‎Section 4.15 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section ‎‎Section 4.15 hereof and this Article 10‎Article 11, to the extent applicableapplicable by executing a Supplemental Indenture in the form of Exhibit D).

Appears in 2 contracts

Sources: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture (or a supplement thereto) shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicableapplicable by executing a Supplemental Indenture in the form of Exhibit D).

Appears in 2 contracts

Sources: Indenture (Communications Sales & Leasing, Inc.), Indenture (Communications Sales & Leasing, Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the any Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10X, to the extent applicable.

Appears in 2 contracts

Sources: Indenture (Sibanye Stillwater LTD), Indenture (Sibanye Gold LTD)

Execution and Delivery. To evidence its Guarantee set forth in Section ‎Section 10.01 hereof, each Guarantor hereby agrees that this Indenture (or a supplement thereto) shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section ‎Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section ‎Section 4.15 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section ‎Section 4.15 hereof and this Article ‎Article 10, to the extent applicableapplicable by executing a Supplemental Indenture in the form of Exhibit D).

Appears in 1 contract

Sources: Indenture (Uniti Group Inc.)

Execution and Delivery. To evidence its Subsidiary Guarantee set forth in Section 10.01 12.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Subsidiary Guarantee set forth in Section 10.01 12.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Subsidiary Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Subsidiary Guarantee shall be valid nevertheless. 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. If required by Section 4.15 4.16 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 4.16 hereof and this Article 1012, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Cinemark Usa Inc /Tx)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture (or a supplement thereto) shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer Uniti shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicableapplicable by executing a Supplemental Indenture in the form of Exhibit D).

Appears in 1 contract

Sources: Indenture (Uniti Group Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Responsible Officers. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 4.12 hereof, the Issuer Issuers shall cause any newly created or acquired Restricted Subsidiary Grantor to comply with the provisions of Section 4.15 4.12 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (American Airlines, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents, one of its Assistant Vice Presidents or one of its Assistant Vice Presidentsother Officers. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (First Data Corp)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired or other Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10X, to the extent applicable.

Appears in 1 contract

Sources: Senior Notes Indenture (Surgical Care Affiliates, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture (or a supplement thereto) shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 1011, to the extent applicableapplicable by executing a Supplemental Indenture in the form of Exhibit D).

Appears in 1 contract

Sources: Indenture (Communications Sales & Leasing, Inc.)

Execution and Delivery. (a) To evidence its Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof 11.01 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the 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 Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Sources: Senior Secured Notes Indenture (Postmedia Network Canada Corp.)

Execution and Delivery. (a) To evidence its Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the 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 Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.09, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.09 and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Senior Notes Indenture (Brinker International Inc)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture a supplemental indenture (which shall be in the form of Exhibit D) shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidentsauthorized Officers. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (MultiPlan Corp)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.11, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.11 and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Senior Secured Notes Indenture (DIEBOLD NIXDORF, Inc)

Execution and Delivery. (a) To evidence its Guarantee set forth in Section 10.01 hereof10.1, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof 10.1 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the 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 Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof3.11, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 3.11 and this Article 10X, to the extent applicable.

Appears in 1 contract

Sources: Indenture (CommScope Holding Company, Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its Presidentan Officer, one of its Vice Presidents director, general manager or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer the person whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the any Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.12, the Issuer Company shall cause any newly created or acquired Wholly-Owned Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.12 and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Trust Indenture

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 12.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 12.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 1012, to the extent applicable.

Appears in 1 contract

Sources: Indenture (CMP Susquehanna Radio Holdings Corp.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.07, the Issuer Company shall cause any newly created or acquired Domestic Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.07 and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Tesla, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 ‎Section 11.01 hereof, each Guarantor hereby agrees that this Indenture (or a supplement thereto) shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 ‎Section 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section ‎Section 4.15 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section ‎Section 4.15 hereof and this Article 10‎Article 11, to the extent applicableapplicable by executing a Supplemental Indenture in the form of Exhibit D).

Appears in 1 contract

Sources: Indenture (Uniti Group Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title or position. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.11, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.11 and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Senior Notes Indenture (Paragon Offshore PLC)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or Presidents, one of its Assistant Vice Presidents, its Treasurer or its Chief Financial Officer. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (JELD-WEN Holding, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 1011, to the extent ex-tent applicable.

Appears in 1 contract

Sources: Indenture (SeaWorld Entertainment, Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its Presidentan Officer, one of its Vice Presidents director, general manager or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 11.01 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer the person whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the any Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Wholly-Owned Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Trust Indenture (Cobalt Refinery Holding Co Ltd.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 4.16 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary that is not a Guarantor to comply with the provisions of Section 4.15 4.16 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Sources: Indenture (DJO Finance LLC)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its PresidentPresident or Treasurer, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Sources: Senior Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture (or a supplement thereto) shall be executed on behalf of such Guarantor by its President, one an Officer of its Vice Presidents or one of its Assistant Vice Presidentssuch Guarantor. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicableapplicable by executing a Supplemental Indenture in the form of Exhibit D).

Appears in 1 contract

Sources: Indenture (Uniti Group Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 9.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 9.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 109, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Exco Resources Inc)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 11.01 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Restricted Domestic Subsidiary (other than an Excluded Subsidiary) to comply with the provisions of Section 4.15 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Pagaya Technologies Ltd.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 4.16 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary that is not a Guarantor to comply with the provisions of Section 4.15 Sections 4.16 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Dominion Textile (Usa), L.L.C.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary that is not a Guarantor to comply with the provisions of Section 4.15 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Sources: Indenture (ReAble Therapeutics Finance LLC)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer Company shall cause any newly created or acquired or other Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10XI, to the extent applicable.

Appears in 1 contract

Sources: Senior Subordinated Notes Indenture (ASC Acquisition LLC)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.11, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.11 and this Article ARTICLE 10, to the extent applicable.

Appears in 1 contract

Sources: First Supplemental Indenture (DIEBOLD NIXDORF, Inc)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its Presidentan Officer, one of its Vice Presidents director, general manager or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer the person whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the any Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.16, the Issuer shall cause any newly created or acquired Restricted Subsidiary that is not then a Guarantor to comply with the provisions of Section 4.15 hereof 4.16 and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Five Point Holdings, LLC)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, Secretary, Assistant Secretary, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof4.15, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Builders FirstSource, Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (United States Steel Corp)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its PresidentPresident or Treasurer, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Senior Secured Notes Indenture (American Tire Distributors Holdings, Inc.)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Subsidiary Guarantor by its Presidentan Officer, one of its Vice Presidents director, general manager or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer the person whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the any Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.16, the Issuer shall cause any newly created or acquired Restricted Subsidiary that is not then a Guarantor to comply with the provisions of Section 4.15 hereof 4.16 and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Five Point Holdings, LLC)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or Presidents, one of its Assistant Vice PresidentsPresidents or its Chief Financial Officer. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 10, to the extent applicable.

Appears in 1 contract

Sources: Indenture (JELD-WEN Holding, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 4.14 hereof, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 4.14 hereof and this Article 10XI, to the extent applicable.

Appears in 1 contract

Sources: Senior Subordinated Notes Indenture (Claires Stores Inc)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof10.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee Note 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.11, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof 4.11 and this Article ARTICLE 10, to the extent applicable.

Appears in 1 contract

Sources: First Supplemental Indenture (DIEBOLD NIXDORF, Inc)

Execution and Delivery. (a) To evidence its Note Guarantee set forth in Section 10.01 hereof11.01, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents an Officer or one of its Assistant Vice Presidents. person holding an equivalent title. (b) Each Guarantor hereby agrees that its Note Guarantee set forth in Section 10.01 hereof 11.01 shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Note Guarantee on the Notes. . (c) If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the 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 Note Guarantee set forth in this Indenture on behalf of the Guarantors. . (e) If required by Section 4.15 hereof4.15, the Issuer shall cause any newly created or acquired Restricted Subsidiary to comply with the provisions of Section 4.15 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Sources: Senior Secured Notes Indenture (Lri Holdings, Inc.)

Execution and Delivery. To evidence its Guarantee set forth in Section 10.01 11.01 hereof, each Guarantor hereby agrees that this Indenture shall be executed on behalf of such Guarantor by its President, one of its Vice Presidents or one of its Assistant Vice Presidents. Each Guarantor hereby agrees that its Guarantee set forth in Section 10.01 11.01 hereof shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes. If an Officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates the Note, the Guarantee shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guarantee set forth in this Indenture on behalf of the Guarantors. If required by Section 4.15 4.16 hereof, the Issuer Company shall cause any newly created or acquired Restricted Subsidiary that is not a Guarantor to comply with the provisions of Section 4.15 4.16 hereof, Section 4.17 hereof and this Article 1011, to the extent applicable.

Appears in 1 contract

Sources: Indenture (Ahny-Iv LLC)