Guarantees Unconditional. The obligations of each Guarantor under its Guarantee shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by:
Guarantees Unconditional. Except as otherwise provided herein, nothing contained in this Indenture or in any Guarantee is intended to or shall impair, as between the Subsidiary Guarantors and the Holders, the Guarantees, which are absolute and unconditional, as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Subsidiary Guarantors, other than the holders of the Senior Debt, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Twelve, of the holders of Senior Debt in respect of cash, property or securities of any Subsidiary Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of any Subsidiary Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Section 7.01, and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency or liquidation proceedings is pending, or a certificate of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve.
Guarantees Unconditional. The obligations of each Guarantor under this Article II shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by:
Guarantees Unconditional. The obligations of each Guarantor hereunder shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by (i) any extension, renewal, settlement, compromise, waiver or release in respect of any obligation of any other Loan Party or any other Person under this Agreement, by operation of law or otherwise, (ii) any modification or amendment of or supplement to this Agreement, (iii) any release, impairment, non-perfection or invalidity of any direct or indirect security for any obligation of the Borrower, such Guarantor, any other Loan Party or any other Person under this Agreement, (iv) any change in the corporate or company existence, structure or ownership of the Borrower, such Guarantor, any other Loan Party or any other Person or any of their respective Subsidiaries, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting the Borrower, such Guarantor, any other Loan Party or any other Person or any of their assets or any resulting release or discharge of any obligation of the Borrower, such Guarantor, any other Guarantor or any other Person contained in this Agreement, (v) the existence of any claim, set-off or other rights which such Guarantor may have at any time against the Borrower, the Administrative Agent, any Lender, the Issuing Bank, any other Guarantor or any other Person, whether in connection herewith or any unrelated transactions; provided that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim, (vi) any invalidity or unenforceability relating to or against the Borrower, any other Loan Party or any other Person for any reason of this Agreement, or any provision of applicable law or regulation purporting to prohibit the payment by the Borrower, of the principal or the interest or any other amount payable by the Borrower under this Agreement or (vii) any other act or omission to act or delay of any kind by the Borrower, any other Loan Party, the Administrative Agent, any Lender, the Issuing Bank or any other Person or any other circumstance whatsoever which might, but for the provisions of this paragraph, constitute a legal or equitable discharge of or defense to obligations of such Guarantor hereunder.
Guarantees Unconditional. Except as otherwise expressly provided herein, the obligations of ORIX under its Guarantee shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by:
Guarantees Unconditional. The Guaranteed Obligations shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by:
Guarantees Unconditional. 91 Section 12.05. When Distribution Must Be Paid Over.................................................. 91 Section 12.06. Notice by the Company................................................................ 92 Section 12.07. Subrogation.......................................................................... 92 Section 12.08. Relative Rights...................................................................... 92 Section 12.09. Subordination May Not Be Impaired by the Company..................................... 93 Section 12.10. Distribution or Notice to Representative............................................. 93 Section 12.11. Rights of Trustee and Paying Agent................................................... 93 Section 12.12. Authorization to Effect Subordination................................................ 93 Section 12.13. Amendments........................................................................... 99 ARTICLE THIRTEEN
Guarantees Unconditional. The obligations of ABI ------------------------ and the Company hereunder shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by:
Guarantees Unconditional. 72 Section 12.05. When Distribution Must Be Paid Over. 72 Section 12.06. Notice by the Company. 72 Section 12.07. Subrogation. 72 Section 12.08. Relative Rights. 73 Section 12.09. Subordination May Not Be Impaired by the Company. 73 Section 12.10. Distribution or Notice to Representative. 73 Section 12.11. Rights of Trustee and Paying Agent. 73 Section 12.12. Authorization to Effect Subordination. 74 Section 12.13. Trustee Not Fiduciary for Holders of Senior Debt. 74 ARTICLE THIRTEEN LEGAL DEFEASANCE AND COVENANT DEFEASANCE 74 Section 13.01. Option to Effect Legal Defeasance or Covenant Defeasance. 74 Section 13.02. Legal Defeasance and Discharge. 74 Section 13.03. Covenant Defeasance. 75 Section 13.04. Conditions to Legal or Covenant Defeasance. 75
Guarantees Unconditional. 5.2 The obligations of the Guarantor under this Article V shall be unconditional and absolute irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower under this Agreement, the Notes or any other agreement or instrument referred to herein or therein, or any substitution, release or exchange of any other guarantee of or other security for any of the obligations of the Guarantor hereunder, and, to the fullest extent permitted by applicable law, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor (other than payment in full of such obligations of the Guarantor hereunder) and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by:
