Common use of Indenture; Limitations Clause in Contracts

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20, 1997 (the "Indenture"), between the Company, the Subsidiary Guarantors and United States Trust Company of New York (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 2 contracts

Sources: Indenture (Burke Industries Inc /Ca/), Indenture (Burke Industries Inc /Ca/)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20July 12, 1997 1999 (the "Indenture"), between the Company, the Subsidiary Guarantors Company and United States Trust Company The Bank of New York York, trustee --------- (the "Trustee"). Capitalized terms herein are used as defined in the Indenture ------- unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 2 contracts

Sources: Indenture (Earthwatch Inc), Senior Discount Note (Earthwatch Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20March 3, 1997 1998 (the "Indenture"), between the Company, the Subsidiary Guarantors Company and United States Trust Company of New York York, trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 2 contracts

Sources: Indenture (Itc Deltacom Inc), Note Purchase Agreement (Itc Deltacom Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20December 23, 1997 1998 (the "Indenture"), between the Company, the Subsidiary Guarantors Company and United States Trust Company of New York York, trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Dobson Communications Corp)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20June 29, 1997 2009 (the "Indenture"), between among the Company, the Subsidiary Guarantors party thereto and United States Trust Company The Bank of New York Mellon, as trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (PAETEC Holding Corp.)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20November 19, 1997 (the "Indenture"), between the Company, the Subsidiary Guarantors and United States Trust Company of New York Bank One, NA, as trustee and collateral trustee (collectively, the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Senior Secured Notes (Kitty Hawk Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20September 22, 1997 (the "Indenture"), between the Companyamong BTI Telecom, the Subsidiary Guarantors BTI and United States First Trust Company of New York York, National Association, trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Bti Telecom Corp)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20June 3, 1997 (the "Indenture"), between the Company, the Subsidiary Guarantors Company and United States Trust Company of New York York, trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Itc Deltacom Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20December 2, 1997 (the "Indenture"), between the Company, the Subsidiary Guarantors and United States The Bank of Nova Scotia Trust Company of New York York, as trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Extendicare Health Services Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20February 28, 1997 (the "Indenture"), between the Company, the Subsidiary Guarantors Company and United States Trust Company of New York York, trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Dobson Communications Corp)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20April 23, 1997 1998 (the "Indenture"), between the Company, the Subsidiary Guarantors and United States Trust Company of New York Norwest Bank Minnesota, National Association, as trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Afa Products Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20February 9, 1997 2000 (the "Indenture"), between the Company, the Subsidiary Guarantors Company and United States State Street Bank and Trust Company of New York California, N.A. (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Loudcloud Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20July 10, 1997 2007 (the "Indenture"), between among the Company, the Subsidiary Guarantors party thereto and United States Trust Company The Bank of New York York, as trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (PAETEC Holding Corp.)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20June 27, 1997 2001 (the "Indenture"), between the Company and Manufacturers and Traders Trust Company, the Subsidiary Guarantors and United States Trust Company of New York as trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are unsecured, general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Extended Stay America Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20November 14, 1997 2003 (the "Indenture"), between the CompanyCompany and National City Bank, the Subsidiary Guarantors and United States Trust Company of New York N.A., as trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are unsecured, general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Silgan Holdings Inc)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20October 22, 1997 (the "Indenture"), between the Company, the Subsidiary Guarantors Company and United States Trust Company of New York York, trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Knology Holdings Inc /Ga)

Indenture; Limitations. The Company issued the Notes under an Indenture dated as of August 20April 21, 1997 1998 (the "Indenture"), between the Company, the Subsidiary Guarantors and United States Trust Company of New York (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. 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. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company.

Appears in 1 contract

Sources: Indenture (Burke Flooring Products Inc)