Capitalized Terms Clause Example with 121 Variations from Business Contracts
This page contains Capitalized Terms clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. The Guaranteeing Subsidiaries hereby agree to provide an unconditional Guarantee on the terms and subject to the conditions set forth in the Note Guarantee and in the Indenture including but not limited to Article 10 thereof.3. No Recourse Against Others. No director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will hav...e any liability for any obligations of the Company or the Guarantors under the Notes, the Indenture, the Note Guarantees, or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. The waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.5. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby.View More
Variations of a "Capitalized Terms" Clause from Business Contracts
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. AGREEMENT TO GUARANTEE. The Guaranteeing Subsidiaries Subsidiary hereby agree agrees to provide an unconditional Guarantee on the terms and subject to the conditions set forth in the Note Guarantee and in the Indenture including but not limited to Article 10 thereof.3. NO RECOURSE AGAINST OTHERS. No Recourse Against Others. No past, present or future director, off...icer, employee, incorporator incorporator, stockholder or stockholder agent of the Company or any Guarantor, Guaranteeing Subsidiary, as such, will shall have any liability for any obligations of the Company Issuers or the Guarantors any Guaranteeing Subsidiary under the Notes, the Indenture, the any Note Guarantees, the Indenture or this Fourth Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of the Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. The Notes. Such waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, laws and it is the view of the SEC that such a waiver is against public policy.4. NEW YORK LAW TO GOVERN. THE LAWS LAW OF THE STATE OF NEW YORK.5. Counterparts. YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS FOURTH SUPPLEMENTAL INDENTURE.5. COUNTERPARTS. The parties may sign any number of copies of this Fourth Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. Effect of Headings. agreement.6. EFFECT OF HEADINGS. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. THE TRUSTEE. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Fourth Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries Subsidiary and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby. Issuers. View More
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. The Guaranteeing Subsidiaries Each New Guarantor hereby agree agrees, jointly and severally with all other Guarantors, to provide an unconditional Guarantee guarantee the Company's Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in the Note Guarantee and in Article X of the Indenture including but not limited and ...to Article 10 thereof.3. be bound by all other applicable provisions of the Indenture as a Guarantor thereunder.3. No Recourse Against Others. No past, present or future director, officer, employee, incorporator manager, incorporator, partner, member, agent, shareholder or stockholder other owner of the Company or Capital Stock of any Guarantor, as such, will shall have any liability for any obligations of the Company or the Guarantors any Guarantor under the Notes, any Subsidiary Guarantees, the Indenture, the Note Guarantees, Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes. [2017 and 2022 Notes of any series. The waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, Supplemental Indenture] 4. NEW YORK LAW TO GOVERN. THE LAWS INTERNAL LAW OF THE STATE OF NEW YORK.5. YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS SUPPLEMENTAL INDENTURE.5. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. agreement.6. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the correctness of the recitals of fact contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby. New Guarantors. View More
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. AGREEMENT TO GUARANTEE. The Guaranteeing Subsidiaries Subsidiary hereby agree agrees to provide an unconditional Guarantee on the terms and subject to the conditions set forth in the Note Guarantee and in the Indenture including but not limited to Article 10 thereof.3. thereof. 1 3. NO RECOURSE AGAINST OTHERS. No Recourse Against Others. No past, present or future... director, officer, employee, incorporator incorporator, stockholder or stockholder agent of the Company or any Guarantor, Guaranteeing Subsidiary, as such, will shall have any liability for any obligations of the Company Issuers or the Guarantors any Guaranteeing Subsidiary under the Notes, the Indenture, the any Note Guarantees, the Indenture or this Sixth Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of the Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. The Notes. Such waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, laws and it is the view of the SEC that such a waiver is against public policy.4. NEW YORK LAW TO GOVERN. THE LAWS LAW OF THE STATE OF NEW YORK.5. Counterparts. YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS FIFTH SUPPLEMENTAL INDENTURE.5. COUNTERPARTS. The parties may sign any number of copies of this Sixth Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. Effect of Headings. agreement.6. EFFECT OF HEADINGS. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. THE TRUSTEE. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Sixth Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries Subsidiary and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby. Issuers. View More
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. The Indenture. 2. AGREEMENT TO GUARANTEE. Each Guaranteeing Subsidiaries Subsidiary hereby agree agrees to provide an unconditional Guarantee on the terms and subject to the conditions set forth in the Note Guarantee and in the Indenture including but not limited to Article 10 thereof.3. No Recourse Against Others. No director, officer, employee, incorporator ther...eof. 3. NOTICES. All notices or stockholder other communications to each Guaranteeing Subsidiary shall be given as provided in Section 12.01 of the Company or any Guarantor, as such, will have any liability Indenture. 4. NO RECOURSE AGAINST OTHERS. No recourse for any obligations the payment of the Company principal of, premium, if any, or interest on, any of the Guarantors under the Notes, the Indenture, the Note Guarantees, Notes or for any claim based on, thereon or otherwise in respect of, thereof, and no recourse under or by reason of, upon any obligation, covenant or agreement of the REIT, any Issuer or CORE/0831980.0012/162008245.2 any of the Guarantors in this Indenture, or in any of the Notes or because of the creation of any Indebtedness represented thereby, shall be had against any past, present or future incorporator, general partner (including the REIT), limited partner, stockholder, member, officer, director, employee or controlling person in their capacity as such obligations of the REIT, any Issuer, the Guarantors or their creation. of any successor Person thereof. Each Holder of Notes of any series Notes, by accepting a Note Note, waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. Notes. The waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS laws. 5. RATIFICATION OF INDENTURE; SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS PART OF THE STATE OF NEW YORK.5. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. INDENTURE. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder heretofore or hereafter authenticated and delivered shall be bound hereby. 6. NEW YORK LAW TO GOVERN. THE INTERNAL LAW OF THE STATE OF NEW YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS SUPPLEMENTAL INDENTURE WITHOUT GIVING EFFECT TO APPLICABLE PRINCIPLES OF CONFLICTS OF LAW TO THE EXTENT THAT THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION WOULD BE REQUIRED THEREBY. 7. COUNTERPARTS. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. 8. EFFECT OF HEADINGS. The Section headings herein are for convenience only and shall not affect the construction hereof. 9. THE TRUSTEE. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by each Guaranteeing Subsidiary and the Operating Partnership. View More
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. The Guaranteeing Subsidiaries Each New Guarantor hereby agree agrees, jointly and severally with all other Guarantors, to provide an unconditional Guarantee guarantee the Company's Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in the Note Guarantee and in Article X of the Indenture including but not limited and ...to Article 10 thereof.3. be bound by all other applicable provisions of the Indenture as a Guarantor thereunder.3. No Recourse Against Others. No past, present or future director, officer, employee, incorporator manager, incorporator, partner, member, agent, shareholder or stockholder other owner of the Company or Capital Stock of any Guarantor, as such, will shall have any liability for any obligations of the Company or the Guarantors any Guarantor under the Notes, any Subsidiary Guarantees, the Indenture, the Note Guarantees, Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. The waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, Notes.4. NEW YORK LAW TO GOVERN. THE LAWS INTERNAL LAW OF THE STATE OF NEW YORK.5. YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS SUPPLEMENTAL INDENTURE.5. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. agreement.6. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the correctness of the recitals of fact contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby. New Guarantors. View More
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. AGREEMENT TO GUARANTEE. The Guaranteeing Subsidiaries Subsidiary hereby agree agrees to provide an unconditional Guarantee on the terms and subject to the conditions set forth in the Note Guarantee and in the Indenture including but not limited to Article 10 thereof.3. NO RECOURSE AGAINST OTHERS. No Recourse Against Others. No past, present or future director, off...icer, employee, incorporator incorporator, stockholder or stockholder agent of the Company or any Guarantor, Guaranteeing Subsidiary, as such, will shall have any liability for any obligations of the Company Issuers or the Guarantors any Guaranteeing Subsidiary under the Notes, the Indenture, the any Note Guarantees, the Indenture or this Third Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of the Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. The Notes. Such waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, laws and it is the view of the SEC that such a waiver is against public policy.4. NEW YORK LAW TO GOVERN. THE LAWS LAW OF THE STATE OF NEW YORK.5. Counterparts. YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS THIRD SUPPLEMENTAL INDENTURE.5. COUNTERPARTS. The parties may sign any number of copies of this Third Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. Effect of Headings. agreement.6. EFFECT OF HEADINGS. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. THE TRUSTEE. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Third Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries Subsidiary and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby. Issuers. View More
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. Indentures.2. AGREEMENT TO GUARANTEE. The Guaranteeing Subsidiaries Entity hereby agree agrees to provide an unconditional Guarantee on the terms and subject to the conditions set forth in the each Note Guarantee and in the Indenture Indentures including but not limited to Article 10 thereof.3. No Recourse Against Others. NO RECOURSE AGAINST OTHERS. No director, o...fficer, employee, incorporator or stockholder of the Company Issuers or any Subsidiary Guarantor, as such, will have any liability for any obligations of the Company or the any Subsidiary Guarantors under the Notes, the Indenture, the Note Guarantees, Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. Notes. The waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, NEW YORK LAW TO GOVERN. THE LAWS INTERNAL LAW OF THE STATE OF NEW YORK.5. Counterparts. YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS FOURTH SUPPLEMENTAL INDENTURE WITHOUT GIVING EFFECT TO APPLICABLE PRINCIPLES OF CONFLICTS OF LAW TO THE EXTENT THAT THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION WOULD BE REQUIRED THEREBY. 41086.01500 5. COUNTERPARTS. The parties may sign any number of copies of this Fourth Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. Effect of Headings. 6. EFFECT OF HEADINGS. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. THE TRUSTEE. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Fourth Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries Entity and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby. Company. View More
Capitalized Terms. Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. The Guaranteeing Subsidiaries Each New Guarantor hereby agree agrees, jointly and severally with all other Guarantors, to provide an unconditional Guarantee guarantee the Company's Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in the Note Guarantee and in Article X of the Indenture including but not limited and ...to Article 10 thereof.3. be bound by all other applicable provisions of the Indenture as a Guarantor thereunder.3. No Recourse Against Others. No past, present or future director, officer, employee, incorporator manager, incorporator, partner, member, agent, shareholder or stockholder other owner of the Company or Capital Stock of any Guarantor, as such, will shall have any liability for any obligations of the Company or the Guarantors any Guarantor under the Notes, any Subsidiary Guarantees, the Indenture, the Note Guarantees, Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes. [2024 Notes of any series. The waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, Supplemental Indenture] 4. NEW YORK LAW TO GOVERN. THE LAWS INTERNAL LAW OF THE STATE OF NEW YORK.5. YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS SUPPLEMENTAL INDENTURE.5. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. agreement.6. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the correctness of the recitals of fact contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby. New Guarantors. View More
Capitalized Terms. Capitalized terms used herein without definition shall will have the meanings assigned to them in the Indenture.2. Agreement to Guarantee. AGREEMENT TO GUARANTEE. The Guaranteeing Subsidiaries hereby agree to provide an unconditional Guarantee on the terms and subject to the conditions set forth in the Note Guarantee and in the Indenture Third Supplemental Indenture, including but not limited to Article 10 thereof.3. EXECUTION AND DELIVERY. Each Guaranteeing Subsidiary agrees that the Guarantee ...will remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Guarantee.4. NO RECOURSE AGAINST OTHERS. No Recourse Against Others. No past, present or future director, manager, officer, employee, incorporator incorporator, stockholder or stockholder agent of the Company or any Guarantor, Guaranteeing Subsidiaries, as such, will have any liability for any obligations of the Company or the Guarantors any Guaranteeing Subsidiary under the Notes, any Guarantees, the Indenture, the Note Guarantees, Indenture or this Fourth Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of the Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. The Notes. Such waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, laws and it is the view of the SEC that such a waiver is against public policy.5. NEW YORK LAW TO GOVERN. THE LAWS INTERNAL LAW OF THE STATE OF NEW YORK.5. Counterparts. YORK WILL GOVERN AND BE USED TO CONSTRUE THIS FOURTH SUPPLEMENTAL INDENTURE BUT WITHOUT GIVING EFFECT TO APPLICABLE PRINCIPLES OF CONFLICTS OF LAW TO THE EXTENT THAT THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION WOULD BE REQUIRED THEREBY.6. COUNTERPARTS. The parties may sign any number of copies of this Fourth Supplemental Indenture. Each signed copy shall will be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF may be used in lieu of the originals shall be deemed to be their original signatures for all purposes.6. Effect of Headings. purposes.7. EFFECT OF HEADINGS. The Section headings herein are for convenience only and shall will not affect the construction hereof.7. The Trustee. hereof.8. THE TRUSTEE. The Trustee shall makes no representation as to and will not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Fourth Supplemental Indenture or the Guarantees or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries and the Company.8. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder shall be bound hereby. Company. View More
Capitalized Terms. Capitalized terms used herein without definition but not defined shall have the meanings assigned to them in the Indenture.2. Agreement Indenture. SECTION 2. Guaranties. Each New Subsidiary Guarantor hereby agrees to Guarantee. The Guaranteeing Subsidiaries hereby agree to provide an unconditional Guarantee guarantee the Issuer's obligations under the Securities on the terms and subject to the conditions set forth in the Note Guarantee and in Article 10 of the Indenture including but not limited... and to Article 10 thereof.3. No Recourse Against Others. No director, officer, employee, incorporator or stockholder be bound by all other applicable provisions of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or the Guarantors under the Notes, the Indenture, the Note Guarantees, or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes of any series by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes of any series. The waiver may not be effective to waive liabilities under the federal securities laws.4. GOVERNING LAW. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.5. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.6. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof.7. The Trustee. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaries and the Company.8. a Subsidiary Guarantor. SECTION 3. Ratification of Indenture; Supplemental Indenture Indentures Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, shall inure to the benefit of the Trustee and every Holder of Securities heretofore or hereafter authenticated and the Issuer, the Trustee and every Holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby. SECTION 4. Governing Law. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. SECTION 5. Trustee Makes No Representation. The Trustee makes no representation as to the validity or sufficiency of this Supplemental Indenture. SECTION 6. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or other electronic transmission shall be deemed to be their original signatures for all purposes. 1 SECTION 7. Effect of Headings. The Section headings herein are for convenience only and shall not effect the construction of this Supplemental Indenture. View More
