Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect 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 Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 8 contracts
Sources: Nineteenth Supplemental Indenture (Plains All American Pipeline Lp), Eighteenth Supplemental Indenture (Plains All American Pipeline Lp), Thirteenth Supplemental Indenture (Plains All American Pipeline Lp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Restricted Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 4.17 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto indenture pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officer’s Certificate to the effect that such supplemental Indenture indenture 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 Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 8 contracts
Sources: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 or the first sentence of Section 12.01 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture, substantially in substantially the form of Exhibit B hereto D pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX 12 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 6 contracts
Sources: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect and an Officer’s Certificate certifying that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 5 contracts
Sources: Indenture (Muzak Capital, LLC), Indenture (Muzak Capital, LLC), Indenture (ADT, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which that is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.09 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Holdings shall deliver to the Trustee an Opinion of Counsel and an Officer’s Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 4 contracts
Sources: Indenture (Graftech International LTD), Indenture (Graftech International LTD), Indenture (Graftech International LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 4 contracts
Sources: Indenture (Dex Media West LLC), Indenture (Dex Media Inc), Indenture (Dex Media International Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which that is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.15 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit Appendix B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note ObligationsObligations subject in all respects to Article XI hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 4 contracts
Sources: Indenture (Alamosa Delaware Inc), Indenture (Alamosa Holdings Inc), Indenture (Alamosa Delaware Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 3 contracts
Sources: Indenture (SeaWorld Entertainment, Inc.), Indenture (SeaWorld Entertainment, Inc.), Indenture (SeaWorld Entertainment, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.18 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XIV and shall guarantee Guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 3 contracts
Sources: First Supplemental Indenture (Swift Energy Co), First Supplemental Indenture (Swift Energy Co), First Supplemental Indenture (Swift Energy Co)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.14 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B F hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Sources: Indenture (Oxford Automotive Inc), Indenture (BMG North America LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Indenture (Dex Media Inc), Indenture (Dex Media International Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.12 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Sources: Indenture (Hs Resources Inc), Indenture (Hs Resources Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee Trustee, in addition to the documents required by Section 14.04, an Opinion of Counsel to the effect 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Indenture (Chart Industries Inc), Indenture (Chart Industries Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 3.13, shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B Appendix A hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 4 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and as to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Second Supplemental Indenture (Alliant Techsystems Inc), Supplemental Indenture (Alliant Techsystems Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Dutch Issuer shall deliver to the Trustee an Opinion of Counsel to the effect 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Supplemental Indenture (Stars Group Inc.), Indenture (Stars Group Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee and the Priority Lien Collateral Trustee an Opinion of Counsel to the effect 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Sources: Indenture (Coronado Global Resources Inc.), Indenture (Coronado Global Resources Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Holdings shall deliver to the Trustee an Opinion of Counsel to the effect and an Officers’ Certificate certifying that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Indenture (Talos Energy Inc.), Supplemental Indenture (Talos Resources LLC)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 or the first sentence of Section 12.01 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX 12 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Indenture (Berry Global Group Inc), Indenture (Berry Plastics Group Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.10 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officers’ Certificate certifying that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11(b) shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 18 and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Indenture (Gannett Co., Inc.), Indenture (Gannett Co., Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officer’s Certificate certifying that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 2 contracts
Sources: Indenture (Rackspace Technology, Inc.), Indenture (Rackspace Technology, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.18 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XIV and shall guarantee Guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.”
Appears in 2 contracts
Sources: First Supplemental Indenture (Swift Energy Co), First Supplemental Indenture (Swift Energy Co)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 5.20 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 principals of equity, whether considered in a proceeding at law or in equity, the Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Sources: Indenture (Eott Energy Finance Corp), Indenture (Eott Energy Finance Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel and an Officer’s Certificate to the effect that such supplemental Indenture indenture 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 Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Sources: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.13 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 2 contracts
Sources: Indenture (Stone Energy Corp), Indenture (Stone Energy Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.12 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (Land O Lakes Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.10 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XIII and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officers’ Certificate certifying that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.12 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XI and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Tv Guide Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.12 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (Land O Lakes Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect 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 Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms. Section 9.07.
Appears in 1 contract
Sources: Third Supplemental Indenture (Rancho Holdings Gp LLC)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (Alliant Techsystems Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.09 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture substantially in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Obligations. Each Subsidiary Guarantor hereby authorizes the Company to execute such supplemental indenture on its behalf. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B A hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Second Supplemental Indenture (Sovereign Bancorp Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officers’ Certificate certifying that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (Talos Energy Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.15 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit Appendix B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note ObligationsObligations subject in all respects to Article XI hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Alamosa Holdings LLC)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect and an Officer’s Certificate certifying that such supplemental Indenture 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 Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 1024 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B A hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Fourteen and shall guarantee the Note Obligations, subject in all respects to Article Fifteen hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (General Media Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 1024 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture substantially in substantially the form of Exhibit B A hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Fourteen and shall guarantee the Note Obligations, subject in all respects to Article Fifteen hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Globix Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Argo Tech Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.09 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that that:
(A) such supplemental Indenture 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, authorized; and
(B) the Guarantee of such Subsidiary Guarantor is constitutes a legalvalid, valid binding and binding enforceable obligation of such Subsidiary GuarantorSubsidiary, enforceable against such Subsidiary Guarantor in accordance with its termsexcept insofar as enforcement thereof may be limited by bankruptcy, insolvency or similar laws (including all laws relating to fraudulent transfers) and except insofar as enforcement thereof is subject to general principles of equity.
Appears in 1 contract
Sources: Indenture (Rite Aid Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor pursuant to the first sentence of Section 5.05 hereof 12.01 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX 12 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (BPRex Delta Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 1018 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto indenture pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Thirteen and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Queen Sand Resources Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.16 shall, and the Company shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (MSX International Business Services Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.06 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 10.09 shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto indenture pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Fourteen and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (O&M Halyard, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel to the effect 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (Hexion Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which that is required to become a Subsidiary Guarantor pursuant to Section 5.05 4.15 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note ObligationsObligations subject in all respects to Article XI hereof. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Alamosa Holdings Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.15 shall, and the Issuers shall cause each such Subsidiary to, promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B F hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion Opinions of Counsel to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (MSX International Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.13 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX X and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Imperial Home Decor Group Holdings I LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.13 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XI and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Canadian Forest Oil LTD)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.13 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B 105 hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XI and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (Forest Oil Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 11 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (Wki Holding Co Inc)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary and other Person which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.11 or the first sentence of Section 12.01 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture, substantially in substantially the form of Exhibit B hereto pursuant to which such Subsidiary or other Person shall become a Subsidiary Guarantor under this Article IX 12 and shall guarantee the Note Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental Indenture indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (Berry Global Group, Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor of the Notes pursuant to Section 5.05 hereof 4.11 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B C hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XII and shall guarantee the Note ObligationsNotes. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture has been duly authorized, executed and delivered by such Subsidiary and thatOfficer’s Certificate certifying, 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and/or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (ADT Inc.)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which that is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.16 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX 10 and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Guarantee Subsidiary Guaranty of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: Indenture (LTV Corp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.16 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XI and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.18 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B E hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX XIV and shall guarantee Guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Company shall deliver to the Trustee an Opinion of Counsel to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.”
Appears in 1 contract
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 5.10 hereof shall promptly execute and deliver to the Trustee a supplemental Indenture in substantially the form of Exhibit B hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX and shall guarantee the Note Obligations. Concurrently with the execution and delivery of such supplemental Indenture, the Issuers shall deliver to the Trustee an Opinion of Counsel to the effect 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 Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its terms.
Appears in 1 contract
Sources: First Supplemental Indenture (Plains All American Pipeline Lp)
Execution of Supplemental Indenture for Future Subsidiary Guarantors. Each Subsidiary which is required to become a Subsidiary Guarantor pursuant to Section 5.05 hereof 4.19 shall promptly execute and deliver to the Trustee a supplemental Indenture indenture in substantially the form of Exhibit B D hereto pursuant to which such Subsidiary shall become a Subsidiary Guarantor under this Article IX Indenture and shall guarantee the Note ObligationsGuaranteed Obligations (as defined in such form of supplemental indenture). Concurrently with the execution and delivery of such supplemental Indentureindenture, the Issuers Issuer shall deliver to the Trustee an Opinion of Counsel and an Officers' Certificate to the effect that such supplemental Indenture 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 Subsidiary Guarantee of such Subsidiary Guarantor is a legal, valid and binding obligation of such Subsidiary Guarantor, enforceable against such Subsidiary Guarantor in accordance with its termsterms and or to such other matters as the Trustee may reasonably request.
Appears in 1 contract
Sources: Indenture (Pride International Inc)