Common use of Execution of Supplemental Indenture for Future Guarantors Clause in Contracts

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E hereto, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 6 contracts

Sources: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor shall, and the Company pursuant to Section 4.11 shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E D hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 10 12 and shall guarantee the obligations of the Company under the Notes and this IndentureGuaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuers shall deliver to the Trustee, and the Trustee shall be fully protected in relying upon, an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.

Appears in 6 contracts

Sources: Merger Agreement, Indenture (Verso Paper Holdings LLC), Indenture (NewPage Holdings Inc.)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor shall, and of any series of Notes pursuant to the Company terms of this Indenture (as supplemented by the supplemental indenture with respect to such Notes) shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this IndentureNotes. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuers shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantorguarantor, enforceable against such Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.

Appears in 6 contracts

Sources: Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/), Indenture (Charter Communications, Inc. /Mo/)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor shall, and the Company Issuer shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company Issuer under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 4 contracts

Sources: Indenture (Basic Energy Services Inc), Indenture (Basic Energy Services Inc), Indenture (Basic Energy Services Inc)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor shall, and the Company pursuant to Section 10.09 shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 Fourteen and shall guarantee the obligations of the Company under the Notes and this IndentureGuaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its termsterms and to such other matters as the Trustee may reasonably request.

Appears in 3 contracts

Sources: Indenture (O&M Halyard, Inc.), Indenture (Owens & Minor Inc/Va/), Indenture (Owens & Minor Distribution, Inc.)

Execution of Supplemental Indenture for Future Guarantors. Each Any Wholly Owned Subsidiary which that is a domestic Subsidiary or any other Subsidiary that is not a Guarantor that guarantees any Indebtedness of the Company is required to become a Guarantor shall, and the Company shall cause each such Subsidiary to, to promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E C hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 11 and shall guarantee the obligations Obligations of the Company under the Notes Securities and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms, and as to any such other matters as the Trustee may reasonably request.

Appears in 2 contracts

Sources: Indenture (Trend Drilling Co), Indenture (Nabors Industries Inc)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor shallpursuant to Section 4.18 shall promptly, and the Company shall cause each such Subsidiary toand, promptly in any event, within 30 days, execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E hereto D (with appropriate changes as required to comply with the laws of any foreign jurisdiction in which such Subsidiary or Person is organized) pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 10 12 and shall guarantee the obligations of the Company under the Notes and this IndentureGuaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.

Appears in 2 contracts

Sources: Indenture (Playa Hotels & Resorts N.V.), Indenture (Playa Hotels & Resorts B.V.)

Execution of Supplemental Indenture for Future Guarantors. Each Other than the Subsidiaries becoming a Guarantor on the Assumption Date in accordance with Section 12.01, each Subsidiary which that is required to become a Guarantor shall, and the Company pursuant to Section 10.06 shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article 10 X and shall guarantee the obligations of the Company under the Notes and this IndentureGuaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect and an Officer’s Certificate each stating that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 2 contracts

Sources: Indenture (Valvoline Inc), Indenture (Ashland Inc.)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.20 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 2 contracts

Sources: Indenture (Panamsat Corp /New/), Indenture (Brickman Group LTD)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.23 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 2 contracts

Sources: Indenture (Affinity Group Holding, Inc.), Indenture (Affinity Group Inc)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor shall, and the Company Issuer shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E B hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 11 and shall guarantee the obligations of the Company Issuer under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 2 contracts

Sources: Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor shall, and the Company Issuer shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E B hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company Issuer under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 2 contracts

Sources: Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Execution of Supplemental Indenture for Future Guarantors. Each The Parent and the Company shall cause each Restricted Subsidiary which is required to become a Guarantor shall, and the Company shall cause each such Subsidiary to, pursuant to Section 4.21 to promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of attached as Exhibit E hereto D pursuant to which such Restricted Subsidiary shall become a Guarantor under this Article 10 11 and shall guarantee the obligations of the Company under the Notes and this IndentureGuaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture substantially indenture, in addition to the form of Exhibit E heretoopinions and certifications to be delivered pursuant to Article 9 hereof, the Company shall deliver to the Trustee an Opinion of Counsel and an Officer’s Certificate to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Restricted Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.

Appears in 1 contract

Sources: Indenture (Azure Power Global LTD)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become becomes a Guarantor shall, and of the Company Notes pursuant to Section 4.11 shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E C-1 hereto (or in the form of Exhibit C-2 hereto, in the case such Guarantor is a Foreign Subsidiary) pursuant to which such Subsidiary Person shall become a Guarantor under this Article 10 X and shall guarantee the obligations of the Company under the Notes and this IndentureNotes. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel and an Officer’s Certificate to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.

Appears in 1 contract

Sources: Indenture (TAMINCO ACQUISITION Corp)

Execution of Supplemental Indenture for Future Guarantors. Each Domestic Subsidiary which is required to become a Guarantor of the Notes pursuant to Section 4.11 or Section 4.17 shall, and within the Company shall cause each such Subsidiary totime period set forth therein, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E C hereto pursuant to which such Domestic Subsidiary shall become a Guarantor under this Article 10 X and shall guarantee the obligations of the Company under the Notes and this IndentureGuaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officer’s Certificate certifying that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Domestic Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, and subject to other customary exceptions, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (TopBuild Corp)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.21 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E EXHIBIT F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Buslease Inc /New/)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.22 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (TNP Enterprises Inc)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.23 shall, and the Company Parent shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company Issuers under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuers shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (3055854 Nova Scotia Co)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor shall, and the Company Issuers shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee Guarantee the obligations of the Company Issuers under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuers shall deliver to the Trustee an Officers’ Certificate and an Opinion of Counsel to the effect stating that such supplemental indenture substantially is authorized or permitted by this Indenture and, in the form case of Exhibit E hereto such Opinion of Counsel, additionally stating that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Stonemor Partners Lp)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.20 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E EXHIBIT F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company Issuers under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuers shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Norcross Capital Corp)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.21 shall, and the Company Issuer shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Muzak LLC)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.22 shall, and the Company Issuers shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor --------- under this Article Section 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Muzak Finance Corp)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.14 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Mariner Health Care Inc)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.22 shall, and the Company Issuers shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article Section 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Muzak Finance Corp)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.08 shall, and the Company Issuers shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F --------- hereto pursuant to which such Subsidiary shall become a Guarantor under this Article Section 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Muzak Holdings Finance Corp)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which and each other Person that is required to become a Guarantor shall, and the Company pursuant to Section 4.11 shall cause each such Subsidiary to, promptly execute and deliver to the Trustee (i) if such Subsidiary and/or other Person is required to become a Guarantor on or prior to the Initial Escrow Release Date, an Initial Escrow Release Date Supplemental Indenture and (i) if such Subsidiary and/or other Person is required to become a Guarantor after the Initial Escrow Release Date, a supplemental indenture substantially in the form of Exhibit E D hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this IndentureGuaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuers shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Albertsons Companies, Inc.)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.20 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Transportation Technologies Industries Inc)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.21 shall, and the Company Issuer shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company Issuer under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Muzak Heart & Soul Foundation)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary and other Person which is required to become a Guarantor shall, and of any series of Notes pursuant to the Company terms of this Indenture (as supplemented by the supplemental indenture with respect to such Notes) shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 10 X and shall guarantee the obligations of the Company under the Notes and this IndentureNotes. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantorguarantor, enforceable against such Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.

Appears in 1 contract

Sources: Indenture (W R Grace & Co)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor shall, and the Company Issuer shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E F hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company Issuer under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, each of such supplemental indenture and the Note Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Basic Energy Services Inc)

Execution of Supplemental Indenture for Future Guarantors. Each Subsidiary which is required to become a Guarantor pursuant to Section 4.20 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit E H hereto pursuant to which such Subsidiary shall become a Guarantor under this Article 10 and shall guarantee the obligations of the Company under the Notes and this Indenture. Concurrently with the execution and delivery of such supplemental indenture substantially in the form of Exhibit E heretoindenture, the Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental indenture substantially in the form of Exhibit E hereto has been duly authorized, executed and delivered by such Subsidiary and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors' rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms.

Appears in 1 contract

Sources: Indenture (Ifco Systems Nv)