Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 16 contracts
Samples: Indenture (TheRealReal, Inc.), Indenture (XPO, Inc.), Indenture (XPO, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)the other Note Guarantors, irrevocably, fully and unconditionally, to guarantee the Guaranteed Obligations under the Indenture and the Notes on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by (and shall be entitled to the benefits of) all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of as a Guarantor under the IndentureNote Guarantor.
Appears in 13 contracts
Samples: Supplemental Indenture (Cemex Sab De Cv), Supplemental Indenture (Cemex Sab De Cv), Supplemental Indenture (Cemex Sab De Cv)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations of the Company under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII 13 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 12 contracts
Samples: Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Issuers’ obligations under the Securities on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 12 contracts
Samples: Indenture (Albertsons Companies, Inc.), Indenture (Southeastern Grocers, Inc.), Indenture (Albertsons Companies, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed Issuers’ Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 12 contracts
Samples: Supplemental Indenture (Vici Properties Inc.), Supplemental Indenture (Vici Properties Inc.), Supplemental Indenture (Vici Properties Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to guarantee the Guaranteed Obligations provide an unconditional Note Guarantee on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 11 contracts
Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to unconditionally guarantee the Guaranteed Obligations Issuer’s obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII Ten of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 11 contracts
Samples: Supplemental Indenture (Iac/Interactivecorp), Supplemental Indenture (Iac/Interactivecorp), Supplemental Indenture (Iac/Interactivecorp)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 11 contracts
Samples: Indenture (TopBuild Corp), Indenture (Trimas Corp), Indenture (TopBuild Corp)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed Issuers’ Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 10 contracts
Samples: Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/), Indenture (Charter Communications, Inc. /Mo/)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations provide an unconditional Note Guarantee on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture Indenture, and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 10 contracts
Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations provide an unconditional Guarantee on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 9 contracts
Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP), Indenture (Vanguard Health Systems Inc)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to unconditionally guarantee the Guaranteed Obligations Issuer’s obligations under the Notes on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes applying to a Guarantor and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 9 contracts
Samples: Fourth Supplemental Indenture (Intelsat S.A.), First Supplemental Indenture (Intelsat S.A.), Second Supplemental Indenture (Intelsat S.A.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 9 contracts
Samples: Fifth Supplemental Indenture (Stemco LP), Third Supplemental Indenture (Stemco LP), Ninth Supplemental Indenture (Stemco LP)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed Issuer’s Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 8 contracts
Samples: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (TAMINCO ACQUISITION Corp), Indenture (CAESARS ENTERTAINMENT Corp)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to unconditionally guarantee the Guaranteed Obligations Issuers’ obligations under the Securities on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 8 contracts
Samples: Supplemental Indenture (Safeway Stores 42, Inc.), Supplemental Indenture (Safeway Stores 42, Inc.), First Supplemental Indenture (Safeway Stores 42, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Issuer’s obligations under the Notes on the terms and subject to the conditions set forth in Article XII 10 of the Indenture as a Guarantor and to be bound by all other applicable provisions of the Indenture and the Notes as applying to a Guarantor and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 7 contracts
Samples: Supplemental Indenture (Intelsat S.A.), Supplemental Indenture (Intelsat S.A.), Supplemental Indenture (Intelsat S.A.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Issuers’ Obligations under the Securities and the Indenture on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 7 contracts
Samples: Indenture (Rexnord Corp), Indenture (RBS Global Inc), Indenture (OEI, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations provide an unconditional Note Guarantee on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture Indenture, and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 6 contracts
Samples: Indenture (Coty Inc.), Indenture (Coty Inc.), Indenture (Coty Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Issuer’s obligations under the Notes on the terms and subject to the conditions set forth in Article XII 10 of the Indenture as a Guarantor and to be bound by all other applicable provisions of the Indenture and the Notes applying to a Guarantor and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 6 contracts
Samples: Second Supplemental Indenture (Intelsat S.A.), Sixth Supplemental Indenture (Intelsat S.A.), Ninth Supplemental Indenture (Intelsat S.A.)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture Guarantee and to be bound by all other applicable provisions of the Indenture and the Notes Guarantee and to perform all of the obligations and agreements of a Guarantor under the IndentureGuarantee.
Appears in 6 contracts
Samples: Joinder to Guarantee (Safeway Stores 42, Inc.), Joinder to Guarantee (Safeway Stores 42, Inc.), Joinder to Guarantee (Safeway Stores 42, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture. [Issuers may insert language to give effect to Applicable Guarantee Limitations, if any.]
Appears in 5 contracts
Samples: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed Issuer’s Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII Eleven of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 5 contracts
Samples: Indenture (PGT Innovations, Inc.), Indenture (Air Transport Services Group, Inc.), Indenture (PGT Innovations, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Company’s obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII X of the Indenture except that [add any limitations required by law], including without limitation the release provisions thereof, and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 5 contracts
Samples: Fifth Supplemental Indenture (Wyndham Hotels & Resorts, Inc.), Indenture (Wyndham Worldwide Corp), Indenture (Wyndham Hotels & Resorts, Inc.)
Agreement to Guarantee. The New Guarantor Guarantors hereby agreesagree, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations provide an unconditional Guarantee on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 5 contracts
Samples: Supplemental Indenture (Vanguard Health Systems Inc), Supplemental Indenture (Vanguard Health Systems Inc), Supplemental Indenture (Vanguard Health Systems Inc)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agreesagrees to, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Indenture Obligations on the terms and subject to the conditions set forth in Article XII Eleven of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 5 contracts
Samples: Indenture (Manitowoc Foodservice, Inc.), Indenture (Manitowoc Co Inc), Indenture (Manitowoc Co Inc)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 5 contracts
Samples: Supplemental Indenture (Adient PLC), Supplemental Indenture (Adient PLC), Supplemental Indenture (Adient LTD)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.. [Issuers may insert language to give effect to Applicable Guarantee Limitations, if any]
Appears in 4 contracts
Samples: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations provide an unconditional Guarantee on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 4 contracts
Samples: Supplemental Indenture (Great Lakes Dredge & Dock CORP), Supplemental Indenture (Foundation Coal Holdings, Inc.), Indenture (Foundation Coal Holdings, Inc.)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Issuer’s obligations under the Notes on the terms and subject to the conditions set forth in Article XII 10 of the Indenture as a Guarantor and to be bound by all other applicable provisions of the Indenture and the Notes as applying to a Guarantor and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 4 contracts
Samples: Supplemental Indenture (Intelsat S.A.), Supplemental Indenture (Intelsat S.A.), Supplemental Indenture (Intelsat S.A.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Company's obligations under the Securities on the terms and subject to the conditions set forth in Article XII Articles 11 and 12 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the IndentureSecurities.
Appears in 4 contracts
Samples: Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations provide an unconditional Note Guarantee on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 4 contracts
Samples: Indenture (Atento S.A.), Supplemental Indenture (CHC Group Ltd.), Supplemental Indenture (CHC Group Ltd.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Existing Guarantors, to unconditionally guarantee the Guaranteed Borrowers’ Obligations under the Loan Documents on the terms and subject to the conditions set forth in Article XII of the Indenture Guaranty and to be bound by all other applicable provisions of the Indenture Credit Agreement and the Notes and to perform all of the obligations and agreements of a Guarantor under the IndentureGuaranty.
Appears in 4 contracts
Samples: Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (LyondellBasell Industries N.V.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Company’s obligations under the Notes on the terms and subject to the conditions set forth in Article XII Articles 11 and 12 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 4 contracts
Samples: Indenture (Polypore International, Inc.), Indenture (Polypore International, Inc.), Indenture (Daramic, LLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Issuer’s Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 3 contracts
Samples: Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to provide an unconditional guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture Indenture, including the provisions relating to the subordination of such guarantee set forth in Article 10 and Article 11, and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Sensata Technologies B.V.), Second Supplemental Indenture (Sensata Technologies B.V.), Fourth Supplemental Indenture (Sensata Technologies B.V.)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)severally, to guarantee the Guaranteed Obligations in respect of the Notes (and not of any other Series) on the terms and subject to the conditions set forth in Article XII 11 of the Base Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 3 contracts
Samples: First Supplemental Indenture (XPO Logistics, Inc.), First Supplemental Indenture (RXO, Inc.), Second Supplemental Indenture (RXO, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the each series of Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 3 contracts
Samples: Indenture (Gap Inc), Indenture (Gap Inc), Indenture (XPO Logistics, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to (i) provide an unconditional guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in (A) Article XII Seventeen of the Indenture and to (B) Article Eleven of the Fifth Supplemental Indenture and (ii) be bound by all other applicable provisions of the Indenture and the Notes applicable to a Subsidiary Guarantor and to perform all of the obligations and agreements of a Subsidiary Guarantor under the Indenture.
Appears in 3 contracts
Samples: Twentieth Supplemental Indenture (Mastec Inc), Seventeenth Supplemental Indenture (Mastec Inc), Fifteenth Supplemental Indenture (Mastec Inc)
Agreement to Guarantee. The New Guarantor hereby agreeshereby{, jointly and severally severally, with all existing Guarantors (if any), each Existing Guarantor,} irrevocably and unconditionally guarantees as a primary obligor and not merely as a surety on a senior basis to guarantee each Holder and to the Trustee and its successors and assigns the Guaranteed Obligations Obligations, on the terms and subject to the conditions set forth in Article XII 10 of the Indenture Indenture, and agrees to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 3 contracts
Samples: Indenture (Egalet Corp), Indenture (Egalet Us Inc.), Indenture (Merrimack Pharmaceuticals Inc)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to provide an unconditional guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture Indenture, including the provisions relating the subordination of such guarantee set forth in Article 10, and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 3 contracts
Samples: Indenture (Sensata Technologies Holland, B.V.), Indenture (Sensata Technologies B.V.), Indenture (Sensata Technologies Holland, B.V.)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all other New Guarantors and all existing Guarantors (if any), to provide an unconditional guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Ncop Xi, LLC), Fifth Supplemental Indenture (NCOP II, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing [all] [any] other Existing Guarantors (if any)and fully and unconditionally, to guarantee the Subsidiary Guaranteed Obligations under the Indenture and the Notes on the terms and subject to the conditions set forth in Article XII XIII of the Indenture and to be bound by (and shall be entitled to the benefits of) all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of as a Guarantor under the IndentureGuarantor.
Appears in 2 contracts
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)and all other New Guarantors, to unconditionally guarantee the Guaranteed Issuers’ Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Quality Distribution Inc), Supplemental Indenture (Quality Distribution Inc)
Agreement to Guarantee. The New Guarantor Guarantors hereby agreesagree, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed Issuers’ Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Caesars Acquisition Co), Supplemental Indenture (JCC Fulton Development, LLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Issuers’ obligations under the Securities on the terms and subject to the conditions set forth in Article XII Articles 11 and 12 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Verso Paper Corp.), Indenture (Verso Sartell LLC)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Adient PLC), Fourth Supplemental Indenture (Adient PLC)
Agreement to Guarantee. The New Guarantor [Guarantor/Affiliated Guarantor] hereby agrees, jointly and severally with all existing Guarantors and Affiliated Guarantors (if any), to unconditionally guarantee all of the Guaranteed Issuers’ Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor or Affiliated Guarantor, as applicable, under the Indenture.
Appears in 2 contracts
Samples: Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Issuers’ Obligations under the Securities and the Indenture on the terms and subject to the conditions set forth in Article XII Articles 11 and 12 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (TopBuild Corp), Supplemental Indenture (TopBuild Corp)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Issuers' obligations under the Securities and the Indenture on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Indenture (Nalco Finance Holdings Inc.), Indenture (Nalco Energy Services Equatorial Guinea LLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)the Parent Guarantor and the Existing Subsidiary Guarantors, to unconditionally guarantee the Guaranteed Obligations on Company’s obligations under the terms Notes and subject to the conditions set forth in Article XII XI of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes applying to a Guarantor and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Yankee Holding Corp.), Supplemental Indenture (Yankee Holding Corp.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to irrevocably and unconditionally guarantee the Guaranteed Issuers' Obligations under the Securities and the Indenture on the terms and subject to the conditions set forth in the Indenture, including, but not limited to, Article XII 10 of the Indenture Indenture, and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Indenture (Party City Holdco Inc.), Indenture (Party City Holdco Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to provide an unconditional guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture Indenture, including the provisions relating to the subordination of such guarantee set forth in Article 10, and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (NCOP/Marlin, Inc.), Fourth Supplemental Indenture (Ncop Viii, LLC)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all other New Guarantors and all existing Guarantors (if any), to provide an unconditional guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture Indenture, including the provisions relating to the subordination of such guarantee set forth in Article 10, and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Ncop Xi, LLC), Supplemental Indenture (NCOP II, Inc.)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agreesagrees to, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Dollar Tree Inc), Supplemental Indenture (Dollar Tree Inc)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Company’s obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII 15 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Issuers’ obligations under the Securities on the terms and subject to the conditions set forth in Article XII 12 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Verso Quinnesec REP Holding Inc.), Indenture (Verso Sartell LLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Adient PLC), Supplemental Indenture (Adient PLC)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations Issuer’s obligations under the Notes on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes applying to a Guarantor and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Intelsat S.A.), Supplemental Indenture (Intelsat S.A.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to unconditionally guarantee the Guaranteed Obligations of the Company under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII XVI of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 2 contracts
Samples: Indenture (Quotient LTD), Purchase Agreement (Quotient LTD)
Agreement to Guarantee. The New Each Existing Guarantor hereby agrees, jointly and severally with all existing the other Existing Guarantors (if any)and fully and unconditionally, to guarantee the Subsidiary Guaranteed Obligations under the Indenture and the Notes on the terms and subject to the conditions set forth in Article XII XIII of the Indenture and to be bound by (and shall be entitled to the benefits of) all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of as a Guarantor under the IndentureSubsidiary Guarantor.
Appears in 2 contracts
Samples: Supplemental Indenture (Envision Healthcare Corp), Supplemental Indenture (Envision Healthcare Corp)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (ARKO Corp.), Indenture (ARKO Corp.)
Agreement to Guarantee. The New Guarantor Guarantors hereby agreesagree, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Second Supplemental Indenture (FD Spinco II, Inc.), Second Supplemental Indenture (FD Spinco II, Inc.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing [all] [any] other Existing Guarantors (if any)and fully and unconditionally, to guarantee the Guaranteed Obligations under the Indenture and the Notes on the terms and subject to the conditions set forth in Article XII XIII of the Indenture and to be bound by (and shall be entitled to the benefits of) all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of as a Guarantor under the IndentureGuarantor.
Appears in 2 contracts
Samples: Indenture (Xerox Corp), Indenture (Minerals Technologies Inc)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to fully and unconditionally guarantee the Guaranteed Obligations under the Securities and the Indenture on the terms and subject to the conditions set forth in Article XII 9 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Indenture (Workhorse Group Inc.), Indenture (Gastar Exploration Inc.)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agreesagrees to, jointly and severally with all existing Subsidiary Guarantors (if any), to guarantee the Guaranteed Notes Obligations on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Subsidiary Guarantor under the Indenture.
Appears in 2 contracts
Samples: Indenture (Comstock Resources Inc), Supplemental Indenture (Comstock Oil & Gas Investments, LLC)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to unconditionally guarantee the Guaranteed Obligations Company’s obligations under the Securities and the Indenture on the terms and subject to the conditions set forth in Article XII Articles 11 and 12 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Packerware Corp), Supplemental Indenture (Packerware Corp)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Guarantors, to guarantee the Guaranteed Obligations provide an unconditional Note Guarantee on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture Indenture, and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 1 contract
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed [Issuers’/Issuer’s] Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 1 contract
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all [all] [any] other existing Guarantors (if any)guarantors under the Indenture and fully and unconditionally, to guarantee the Subsidiary Guaranteed Obligations under the Indenture and the Notes on the terms and subject to the conditions set forth in Article XII XIII of the Indenture and to be bound by (and shall be entitled to the benefits of) all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of as a Guarantor under the IndentureGuarantor.
Appears in 1 contract
Samples: Indenture (Phinia Inc.)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes Securities and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 1 contract
Samples: Supplemental Indenture (ARKO Corp.)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture. Issuers may insert language to give effect to Applicable Guarantee Limitations, if any.
Appears in 1 contract
Samples: Indenture (Mallinckrodt PLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed Borrowers’ Obligations under the Loan Documents on the terms and subject to the conditions set forth in Article XII of the Indenture Guaranty and to be bound by all other applicable provisions of the Indenture Credit Agreement and the Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the IndentureGuaranty.
Appears in 1 contract
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)other Guarantors, to guarantee Guarantee the Guaranteed Obligations Company's obligations under the Notes on the terms and subject to the conditions set forth in Article XII 12 of the Indenture and to be bound by all other applicable provisions of the Indenture. From and after the date hereof, each New Guarantor shall be a Guarantor for all purposes under the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the IndentureNotes.
Appears in 1 contract
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to (i) provide an unconditional guarantee (the Guaranteed Obligations “Guarantee”) on the terms and subject to the conditions set forth in (A) Article XII Seventeen of the Indenture and to (B) Article Eleven of the Fifth Supplemental Indenture and (ii) be bound by all other applicable provisions of the Indenture and the Senior Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 1 contract
Samples: Supplemental Indenture (Mastec Inc)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to unconditionally guarantee the Guaranteed Issuer’s Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 1 contract
Samples: Indenture (TAMINCO ACQUISITION Corp)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by (and be entitled to the benefits of) all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 1 contract
Samples: Indenture (Forward Air Corp)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 1 contract
Samples: First Supplemental Indenture (Jazz Pharmaceuticals PLC)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)Subsidiary Guarantors, to provide an unconditional guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Subsidiary Guarantor under the Indenture.
Appears in 1 contract
Samples: Supplemental Indenture (Mastec Inc)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations provide an unconditional Guarantee on the terms and subject to the conditions set forth in Article XII 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 1 contract
Samples: Third Supplemental Indenture (Great Lakes Dredge & Dock CORP)
Agreement to Guarantee. The New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII VI of the Indenture Agreement and to be bound by all other applicable provisions of the Indenture and the Notes Agreement and to perform all of the obligations and agreements of a Guarantor under the IndentureAgreement.
Appears in 1 contract
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agreesagrees to, jointly and severally with all existing Subsidiary Guarantors (if any), to guarantee the Guaranteed Notes Obligations on the terms and subject to the conditions set forth in Article XII 11 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Subsidiary Guarantor under the Indenture.
Appears in 1 contract
Samples: First Supplemental Indenture (Comstock Resources Inc)
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agrees, jointly and severally with all existing Guarantors guarantors (if any), to (i) provide an unconditional guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in (A) Article XII Seventeen of the Indenture and to (B) Article Eleven of the Second Supplemental Indenture and (ii) be bound by all other applicable provisions of the Indenture and the Original 4.25% Senior Convertible Notes and to perform all of the obligations and agreements of a Guarantor guarantor under the Indenture.
Appears in 1 contract
Agreement to Guarantee. The Each of the New Guarantor Guarantors hereby agreesagrees to, jointly and severally with all existing Guarantors (if any), to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.]
Appears in 1 contract
Samples: Indenture (Dollar Tree Inc)
Agreement to Guarantee. The Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any)and with all other New Guarantors, to guarantee the Guaranteed Obligations on the terms and subject to the conditions set forth in Article XII X of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Guarantor under the Indenture.
Appears in 1 contract