Common use of The Indenture and the Securities Clause in Contracts

The Indenture and the Securities. The Indenture has been duly authorized, executed and delivered by the Company and on the Closing Date, the Securities will have been duly authorized, and, when the Securities are issued and delivered pursuant to this Agreement on the Closing Date, the Securities will have been duly executed, authenticated, issued and delivered and will constitute valid and legally binding obligations of the Company entitled to the benefits provided by the Indenture; the Indenture has been duly qualified under the Trust Indenture Act and constitutes a valid and legally binding instrument, enforceable in accordance with its terms, subject, as to enforcement, to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors’ rights and to general equity principles; and the Indenture conforms, and the Securities will conform, to the descriptions thereof contained in the Registration Statement, the Time of Sale Information and the Prospectus.

The Indenture and the Securities. The Indenture has been duly authorized, executed and delivered by the Company and on the Closing Date, ; the Securities will have been duly authorized; and assuming due authorization, andexecution and delivery of the Indenture and authentication of the Securities, in accordance with the Indenture, by the Trustee, when the Securities are issued delivered and delivered paid for pursuant to this Agreement on the Closing DateDate (as defined herein), the Indenture will have been duly executed and delivered, such Securities will have been duly executed, authenticated, issued and delivered and will conform to the description thereof contained in the Disclosure Package and the Prospectus; and the Indenture and such Securities will constitute valid and legally binding obligations of the Company entitled to the benefits provided by the Indenture; the Indenture has been duly qualified under the Trust Indenture Act and constitutes a valid and legally binding instrumentCompany, enforceable in accordance with its their terms, subject, as to enforcement, subject to bankruptcy, insolvency, reorganization fraudulent transfer, reorganization, moratorium and other similar laws of general applicability relating to or affecting creditors’ rights and to general equity principles; and the Indenture conforms, and the Securities will conform, to the descriptions thereof contained in the Registration Statement, the Time of Sale Information and the Prospectus.