Common use of Guarantee Obligations Subordinated to Guarantor Senior Debt Clause in Contracts

Guarantee Obligations Subordinated to Guarantor Senior Debt. (a) Anything in this Indenture to the contrary notwithstanding, the Guarantor, for itself and its successors, and each Holder by its acceptance of Securities, agree that the payment of all Guarantee Obligations of the Guarantor are subordinated, to the extent and in the manner provided in this Article 17, to the prior payment in full in cash, or such payment duly provided for to the satisfaction of the holders of Guarantor Senior Debt, of all Guarantor Senior Debt (whether outstanding on the Issue Date or thereafter incurred). (b) This Article 17 shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Guarantor Senior Debt, and such provisions and each of the definitions used therein are made for the benefit of the holders of Guarantor Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 3 contracts

Samples: Limited Waiver (Elan Corp PLC), Limited Waiver (Elan Corp PLC), Indenture (Elan Corp PLC)

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Guarantee Obligations Subordinated to Guarantor Senior Debt. (a) Anything in this Indenture herein to the contrary notwithstanding, each of the GuarantorGuarantors, for itself and its successors, and each Holder by its acceptance of Securities, agree agrees that the payment of all Guarantee Obligations of the such Guarantor are subordinated, to the extent and in the manner provided in this Article 17Twelve, to the prior payment in full in cash, cash or such payment duly provided for to the satisfaction of the holders of Guarantor Senior Debt, Cash Equivalents of all Obligations on Guarantor Senior Debt of such Guarantor (including all Obligations of such Guarantor with respect to the Credit Agreement), whether outstanding on the Issue Date or thereafter incurred). (b) . This Article 17 Twelve shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Guarantor Senior Debt, and such provisions and each of the definitions used therein are made for the benefit of the holders of Guarantor Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Appears in 1 contract

Samples: Indenture (Manitowoc Co Inc)

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