Common use of Indenture and Security Agreements Clause in Contracts

Indenture and Security Agreements. The Company issued the Notes under an Indenture dated as of April 22, 1999 ("Indenture") among the Company, the Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code ▇▇.▇▇. 77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are secured obligations of the Company limited to $210.0 million in aggregate principal amount. The Notes are secured by a first priority security interest in the property, plant and equipment and certain related assets of the Company and its subsidiaries, constituting 17 of the principal granulation, seed production, processing and nitrogen plants of the Company and its subsidiaries, and a pledge of all of the equity interests of ▇▇▇▇▇▇▇-▇▇▇▇▇ Realty LLC, ▇▇▇▇▇▇▇-▇▇▇▇▇ AgriBusiness LLC, ▇▇▇▇▇▇▇-▇▇▇▇▇ Nitrogen Realty LLC and ▇▇▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇▇'▇ Realty LLC, the Company's Special Purpose Restricted Subsidiaries that own or will own approximately 270 properties used in the Company's business, including substantially all of the Farmarkets and other owned facilities, pursuant to the Security Agreements referred to in the Indenture.

Indenture and Security Agreements. The Company issued the Notes under an Indenture dated as of April 22, 1999 ("Indenture") among the Company, the Guarantors and the Trustee. The terms EXHIBIT A-2 of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as amended (15 U.S. Code ▇▇.▇▇. 77aaa-77bbbbss.ss.77aaa-77bbbb). The Notes are subject to all such terms, and Holders are referred to the Indenture and such Act for a statement of such terms. To the extent any provision of this Note conflicts with the express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling. The Notes are secured obligations of the Company limited to $210.0 million in aggregate principal amount. The Notes are secured by a first priority security interest in the property, plant and equipment and certain related assets of the Company and its subsidiaries, constituting 17 of the principal granulation, seed production, processing and nitrogen plants of the Company and its subsidiaries, and a pledge of all of the equity interests of ▇▇▇▇▇▇▇-▇▇▇▇▇ Realty LLC, ▇▇▇▇▇▇▇-▇▇▇▇▇ AgriBusiness LLC, ▇▇▇▇▇▇▇-▇▇▇▇▇ Nitrogen Realty LLC and ▇▇▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇▇'▇ Realty LLC, the Company's Special Purpose Restricted Subsidiaries that own or will own approximately 270 properties used in the Company's business, including substantially all of the Farmarkets and other owned facilities, pursuant to the Security Agreements referred to in the Indenture.