References Contract Clauses (603)

References. Each reference to a particular section set forth in this Fourth Supplemental Indenture shall, unless the context otherwise requires, refer to this Fourth Supplemental Indenture. ARTICLE TWO COMPANY SUBSTITUTED Section 2.01. Company Substituted. Holdings hereby expressly assumes the Company's covenants and obligations on all of the Notes and under the Base Indenture, including with respect to the payment of the principal of, premium, if any, or interest on the Notes, and shall be substituted for ...the "Company" for all purposes under the Base Indenture and may exercise every right and power of the Company under the Base Indenture with the same effect as if Holdings had been named as the Company thereunder. For purposes of clarity and without limiting the foregoing, for purposes of calculating Adjusted Consolidated Net Income and the Consolidated Leverage Ratio, such substitution will be given pro forma effect as if it had occurred on the first date of the Reference Period. Section 2.02. New EarthLink Release. Other than as provided in Section 3.01 below, New EarthLink is hereby released from its obligations and covenants as the Company under the Base Indenture, including with respect to the payment of the principal of, premium, if any, or interest on the Notes. 2 ARTICLE THREE AGREEMENT TO GUARANTEE Section 3.01. Additional Subsidiary Guarantor. New EarthLink, by its signature below, agrees to become a Subsidiary Guarantor under the Base Indenture with respect to the Notes and agrees to be subject to all of the terms, conditions, waivers and covenants applicable to a Subsidiary Guarantor under the Base Indenture. Upon its execution hereof, New EarthLink acknowledges that it shall be a Subsidiary Guarantor for all purposes set forth in the Indenture, effective as of the date hereof. ARTICLE FOUR MISCELLANEOUS PROVISIONS Section 4.01. Confirmation of Base Indenture. The Base Indenture, as heretofore supplemented and amended by this Fourth Supplemental Indenture is in all respects ratified and confirmed and the Base Indenture, this Fourth Supplemental Indenture and all indentures supplemental thereto shall be read, taken and construed as one and the same instrument. Section 4.02. Governing Law. THIS FOURTH SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. THE TRUSTEE, THE COMPANY, THE ADDITIONAL SUBSIDIARY GUARANTORS, THE SUBSIDIARY GUARANTORS AND THE HOLDERS AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS FOURTH SUPPLEMENTAL INDENTURE. Section 4.03. Separability. In case any provision in this Fourth Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 4.04. Counterparts. This Fourth Supplemental Indenture may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same document. Section 4.05. Effect of Headings. The Section headings herein are for convenience of reference only, are not to be considered a part hereof and shall in no way modify or restrict any of the terms and provisions hereof. Section 4.06. Trustee Makes No Representations. The Trustee makes no representations as to the validity or sufficiency of this Fourth Supplemental Indenture. The recitals of fact contained herein shall be taken as statements solely of Holdings and New EarthLink and the Trustee assumes no responsibility for the correctness thereof. 3 Section 4.07. Successors and Assigns. All agreements of Holdings, New EarthLink and the Subsidiary Guarantors in this Fourth Supplemental Indenture shall bind their respective successors. [Remainder of page intentionally left blank.] View More

References. The words "hereby," "herein," "hereinabove," "hereinafter," "hereinbelow," "hereof," "hereunder" and words of similar import when used in this Amendment shall refer to this Amendment as a whole and not to any particular article, section or provision of this Amendment. References in this Amendment to an article or section number are to such articles or sections of this Amendment unless otherwise specified.

References. All references in the Credit Agreements to "this Agreement" shall be deemed to refer to the relevant Credit Agreement as amended hereby; and any and all references in the Security Documents to the Credit Agreements shall be deemed to refer to the relevant Credit Agreement as amended hereby. 3 8. No Waiver. Except as expressly provided in Section 2 of this Amendment, the execution of this Amendment and the acceptance of all other agreements and instruments related hereto shall not be deemed to be... a waiver of any Default or Event of Default under the Credit Agreements or a waiver of any breach, default or event of default under any Security Document or other document held by Wells Fargo, whether or not known to Wells Fargo and whether or not existing on the date of this Amendment. View More

References. From and after the Distribution Date, all references in the Employment Agreement to "Donnelley" or the "Company" shall be deemed to be references to Donnelley Financial, including, but not limited to, with respect to any triggers such as those relating to a Change in Control or related events.

References. You agree that you will direct any and all prospective employers seeking a reference to contact only persons employed in the Company's Human Resources Department. The Human Resources Department shall provide a neutral reference only, stating dates of employment and position held and that it is the Company's general policy to provide only this limited information. However, if you supply the potential employer with your base salary at the time of termination, the Company will confirm or deny the a...ccuracy of the statement which you provide to them. View More

References. The terms "herein," "hereto," "hereof," "hereby," and "hereunder," and other terms of similar import, refer to this Agreement as a whole, and not to any Section or other part hereof.

References. Following the Termination Date, Executive agrees to direct any third party seeking an employment reference to the Company's Senior Vice President-Human Resources and Company agrees to give any potential employers who inquire about Executive's work history at Company a neutral reference consisting of Employee's dates of employment, title and compensation. The Company will not be responsible with respect to any references which are directed by Executive to anyone other than the Company's Senior Vi...ce President-Human Resources. View More

References. (a) All references to the "Trust Agreement" (including "hereof," "herein," "hereunder," "hereby" and "this Agreement") in the Trust Agreement shall refer to the Trust Agreement as amended by this Amendment Agreement; and (b) All references to the "amended and restated memorandum of association" in the Trust Agreement shall mean the Company's second amended and restated memorandum of association as amended by the Charter Amendment.

References. From and after the Amendment Effective Date, any reference to the Note contained in any notice, request, certificate or other instrument, document or agreement executed concurrently with or after the execution and delivery of this Amendment shall be deemed to include this Amendment unless the context shall so otherwise require.

References. All references in the Credit Agreement to "this Agreement," "herein," "hereunder" or other words of similar import, and all references to the "Credit Agreement" or similar words in the other Loan Documents, or any other document or instrument that refers to the Credit Agreement, shall be deemed to be references to the Credit Agreement as amended by this Amendment.