Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 12 contracts
Samples: Indenture (Albertsons Companies, Inc.), Indenture (Albertsons Companies, Inc.), Indenture (Albertsons Companies, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i1) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, interest or premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii2) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 XI notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 7 contracts
Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Indenture (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)
Guarantees. (a) Each The Company and each Subsidiary Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their respective successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, to the fullest extent permitted under applicable law, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 6 contracts
Samples: Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 5 contracts
Samples: Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Sartell LLC)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 4 contracts
Samples: Indenture (Nalco Holding CO), Supplemental Indenture (Nalco Holding CO), Indenture (Remington Arms Co Inc/)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a second priority senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to Holder, the Trustee and its the Collateral Agent and their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the TrusteeTrustee and the Collateral Agent) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 12 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 4 contracts
Samples: Indenture (Berry Plastics Corp), Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 4 contracts
Samples: Indenture (Glatfelter Corp), Indenture (Vista Outdoor Inc.), Indenture (Vista Outdoor Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a an unsecured senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 4 contracts
Samples: Indenture (Rexnord Corp), Indenture (RBS Global Inc), Indenture (OEI, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a an unsecured senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full performance and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on or additional interest in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 4 contracts
Samples: Supplemental Indenture (Intelsat S.A.), Intelsat (Intelsat S.A.), Supplemental Indenture (Intelsat S.A.)
Guarantees. (a) Each On and after the Issue Date, each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.12 and 4.14.
Appears in 3 contracts
Samples: Indenture (Hexion Inc.), Indenture (Hexion Inc.), Indenture (Momentive Specialty Chemicals Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations Obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, any or interest on or in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 3 contracts
Samples: Supplemental Indenture (Constellium Se), Indenture (Constellium N.V.), Indenture (Constellium N.V.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 3 contracts
Samples: Indenture (Affinion Loyalty Group, Inc.), Indenture (Affinion Loyalty Group, Inc.), Indenture (Watchguard Registration Services, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on and in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer, whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 3 contracts
Samples: Supplemental Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.), Supplemental Indenture (Capmark Finance Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a unsecured senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 3 contracts
Samples: Indenture (MPM Silicones, LLC), Indenture (MPM Silicones, LLC), Indenture (MPM Silicones, LLC)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premiuminterest on or liquidated damages, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (Ultrapar Holdings Inc), Indenture (Ultrapar Holdings Inc)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities Notes and all other monetary obligations of the Issuers under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Guarantees. (a) Each Ashland and each other Guarantor hereby that guarantees the Notes pursuant to this Indenture, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (Valvoline Inc), Indenture (Ashland Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on or additional interest in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Supplemental Indenture (Intelsat LTD), Supplemental Indenture (Intelsat CORP)
Guarantees. (a) Each Subject to this ARTICLE Eleven, each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder of a Note authenticated and delivered by the Trustee and to the Trustee and its successors and assigns assigns, regardless of the validity and enforceability of this Indenture, (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, or premium (if any), or interest on in respect of (if any) on, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture (including interest on the overdue principal of, premium (if any), interest (if any) on, the Notes, if lawful (subject in all cases to any applicable grace period provided herein)) and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 ARTICLE Eleven notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (ACCO BRANDS Corp), Indenture (ACCO BRANDS Corp)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee (or any Paying Agent, Registrar, authenticating agent and its successors transfer agent acting on the Trustee’s behalf), and the Trustee’s successor and assigns (or the successor and assign of any Paying Agent, Registrar, authenticating agent and transfer agent acting on the Trustee’s behalf) (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee (or any Paying Agent, Registrar, authenticating agent and transfer agent acting on the Trustee’s behalf) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (Affinion Group, Inc.), Indenture (Affinion Group, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Supplemental Indenture (American Railcar Industries, Inc./De), Supplemental Indenture (Covalence Specialty Adhesives LLC)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture Company (including obligations to the Trustee) Trustee and the SecuritiesNotes Collateral Agent) under this Indenture, the Notes, the Security Documents and the Intercreditor Agreement, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture Indenture, the Notes, the Security Documents and the Securities Intercreditor Agreement and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture Indenture, the Notes, the Security Documents and the Securities Intercreditor Agreement (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.12 and 4.15.
Appears in 2 contracts
Samples: Indenture (Global Brass & Copper Holdings, Inc.), Supplemental Indenture (Metals USA Plates & Shapes Southcentral, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Securities, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 XVI notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Share Repurchase Agreement (American International Group Inc), Supplemental Indenture (AerCap Global Aviation Trust)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full performance and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Guarantees. (a) Each Guarantor Guarantor, if any, hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal Accreted Value of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”"). Each Guarantor Guarantor, if any, further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Supplemental Indenture (Nalco Finance Holdings Inc.), Supplemental Indenture (Nalco Energy Services Equatorial Guinea LLC)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior an unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, in each case on the terms set forth in this Indenture including, without limitation Section 10.02 hereof, by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Supplemental Indenture (Homefed Corp), Supplemental Indenture (Homefed Corp)
Guarantees. (a) Each Guarantor Subject to the provisions of this Article 15, the Issuer and the Subsidiary Guarantors hereby irrevocably and unconditionally guarantee, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, basis to each Holder holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, of or interest on in respect the Notes, delivery of the Securities Settlement Amount and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor Subject to Section 15.02, the Issuer and the Subsidiary Guarantors further agrees agree that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantoreither the Issuer or the Subsidiary Guarantors, and that each such Guarantor the Issuer and the Subsidiary Guarantors shall remain bound under this Article 10 15 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp)
Guarantees. (a) Each Note Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i1) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, or interest, premium, if any, or interest on in respect of on, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii2) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”"). Each Note Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Note Guarantor, and that each such Note Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation. The Senior Subordinated Subsidiary Guarantee will be substantially in the form of Exhibit B hereto. The other Note Guarantees will be substantially in the form of Exhibit C hereto.
Appears in 2 contracts
Samples: Virgin Media Inc., Virgin Media Inc.
Guarantees. (a) Each The Company and each Subsidiary Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, guarantee to each Holder and to the Trustee Trustees and its their respective successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the TrusteeTrustees) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each The Company and each Subsidiary Guarantor further agrees agree that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from the Company and each such Subsidiary Guarantor, and that the Company and each such Subsidiary Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (Open Text Corp), Indenture (Open Text Corp)
Guarantees. (a) Each Note Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i1) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, or interest, premium, if any, or interest on in respect of on, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii2) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Note Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Note Guarantor, and that each such Note Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation. The Senior Subordinated Subsidiary Guarantee will be substantially in the form of Exhibit B hereto. The other Note Guarantees will be substantially in the form of Exhibit C hereto.
Appears in 2 contracts
Samples: Indenture (NTL Inc), NTL:Telewest LLC
Guarantees. (a) Each On and after the Issue Date, each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.12 and 4.15.
Appears in 2 contracts
Samples: Indenture (Momentive Specialty Chemicals Inc.), Supplemental Indenture (Hexion Specialty Chemicals, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on or additional interest in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full performance and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on or additional interest in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (Intelsat S.A.), Intelsat (Intelsat S.A.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on or additional interest in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 2 contracts
Samples: Indenture (Intelsat LTD), Covenants (PanAmSat Holding CORP)
Guarantees. (a) Each Subject to Articles Ten and Eleven, each Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (ia) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on or Liquidated Damages in respect of of, the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (iib) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”)"GUARANTEED OBLIGATIONS") by executing a Guarantee. Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 Articles Ten or Eleven notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Management Agreement (Dutchess County Cellular Telephone Co Inc)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee, Collateral Agent, Paying Agent, Registrar and Authentication Agent) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (TPC Group Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full performance and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Guarantees. (a) Each Guarantor hereby unconditionally and irrevocably guarantees, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder of Notes and to the Trustee and its successors and assigns (ia) the full and punctual payment of principal of and interest on the Notes when due, whether at Stated Maturitymaturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and with respect to the Securities Notes and (iib) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise Issuer under this Indenture and with respect to the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, Guarantor and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. For the avoidance of doubt, any Person that becomes a Guarantor after the Issue Date shall not be liable for the Guaranteed Obligations until the execution and delivery of a supplemental indenture by each of the parties thereto.
Appears in 1 contract
Samples: Indenture (BOISE CASCADE Co)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior secured basis (except for Holdings, whose Guarantee shall be on a senior unsecured basis), as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Securities, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (axx) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a second priority senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 12 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full performance and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations Obligations of the Issuers Issuer under this Indenture (including obligations to the 94 US\DESMOLI\8895151.9 Trustee) and the Securities, whether for payment of principal of, premium, if any, interest or interest Additional Interest on or in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each On and after the Combinations Date, each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.12 and 4.15.
Appears in 1 contract
Guarantees. (a) Each Guarantor Subject to the provisions of this Article 15, the Issuer and the Subsidiary Guarantors hereby irrevocably and unconditionally guarantee, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, basis to each Holder holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, of or interest on in respect the Notes, delivery of the Securities Settlement Amount and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). Each Guarantor Subject to Section 15.02, the Issuer and the Subsidiary Guarantors further agrees agree that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantoreither the Issuer or the Subsidiary Guarantors, and that each such Guarantor the Issuer and the Subsidiary Guarantors shall remain bound under this Article 10 15 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (CSK Auto Corp)
Guarantees. (a) Each Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, surety on a senior basis to each Holder and to the Indenture Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitythe Final Maturity Date, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) Indenture Trustee and the SecuritiesNotes, whether for payment of principal of, or premium, if any, or interest on in respect of on, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes, and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer, whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 9 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests (subject to Permitted Liens) in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.08, 4.09 and 4.18.
Appears in 1 contract
Samples: Indenture (Imperial Holdings, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premiuminterest on or additional interest, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”"). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Acs Infosource Inc
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each a)Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 Ten notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a unsecured senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Chase Merger Sub (Rexnord Corp)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior an unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Securities, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (PQ Group Holdings Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations Obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, any or interest on or in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”"). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”"). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 Ten notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Kronos Worldwide Inc
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by 105 redemption or otherwise, of all obligations Obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, any or interest on or in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”"). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Subject to this Article Twelve, each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder of a Note authenticated and delivered by the Trustee and to the Trustee and its successors and assigns assigns, regardless of the validity and enforceability of this Indenture, (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, premium (if any) and interest on, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture (including interest on the overdue principal of, premium (if any) and interest on, the Notes, if lawful (subject in all cases to any applicable grace period provided herein)) and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other monetary obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 Twelve notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Office Depot (Office Depot Inc)
Guarantees. (a) Each Guarantor hereby irrevocably and unconditionally guarantees, jointly and severally, irrevocably to Lender and unconditionally guarantees on a senior unsecured basis, as a primary obligor the Collateral Agent and not merely as a surety, to each Holder and to the Trustee and its their respective successors and assigns (i) the full and punctual payment of all Obligations under this Agreement, the Loan Documents and the Notes, including, without limitation, principal of, premium, if any, and interest on the Company Notes when due, whether at Stated Maturity, by acceleration, by redemption acceleration or otherwise, of and all other obligations of the Issuers Company under this Indenture (including obligations Agreement and the Company Notes and the Company and each Guarantor hereby irrevocably and unconditionally guarantees, jointly and severally, to the Trustee) Lender and the Securities, whether for Collateral Agent and their respective successors and assigns the full and punctual payment of all Obligations under this Agreement, the Loan Documents and the Notes, including, without limitation, principal of, premium, if any, or and interest on in respect of the Securities MSXI Limited Notes when due, whether at Stated Maturity, by acceleration or otherwise, and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise MXSI Limited under this Indenture Agreement and the Securities MSXI Limited Notes (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”"). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, Guarantor and that each such Guarantor shall will remain bound under this Article 10 8 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Subject to the 2013 Intercreditor Agreement and any Additional Intercreditor Agreement, each Subordinated Guarantor hereby unconditionally and irrevocably guarantees, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment of principal of and interest on the Senior Subordinated Notes when due, whether at Stated Maturitymaturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Senior Subordinated Notes Indenture and the Securities Senior Subordinated Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Senior Subordinated Notes Indenture and the Securities Senior Subordinated Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”), subject to the limitations set forth in Section 10.08; provided, however, that in no event shall a US Controlled Foreign Subsidiary be required to guarantee the Guaranteed Obligations. Each Subordinated Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, Subordinated Guarantor and that each such Subordinated Guarantor shall will remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Reynolds Group Holdings LTD
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee (acting in any capacity hereunder) and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities, on the terms set forth in this Indenture by executing this Indenture. On the Issue Date, the Guarantors will jointly and severally irrevocably and unconditionally guarantee on a senior basis the Securities (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”)") by executing this Indenture. Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Party City Holdco Inc.
Guarantees. (a) Each a)Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 Ten notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby that guarantees the Notes pursuant to this Indenture, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby hereby, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 12 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (New Holding, Inc.)
Guarantees. (a) Each Subject to the provisions of this Article 11, each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each On and after the Issue Date (following the Issuers’ Assumption), each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.12 and 4.15.
Appears in 1 contract
Guarantees. (a) Each Note Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i1) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, or interest, premium, if any, or interest on in respect of on, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii2) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Note Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Note Guarantor, and that each such Note Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation. Each Senior Subordinated Subsidiary Guarantee will be substantially in the form of Exhibit B hereto. The other Note Guarantees will be substantially in the form of Exhibit C hereto.
Appears in 1 contract
Samples: Indenture (Virgin Media Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issu-ers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise other-wise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended ex-tended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal re-newal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Supplemental Indenture (Albertsons Companies, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full performance and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, premium (including the Applicable Premium) or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Guarantees. (a) Each Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, surety on a senior basis to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, or premium, if any, or interest on in respect of on, the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Securities, and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer, whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.of
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior an unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Securities, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (Hillman Companies Inc)
Guarantees. (a15) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 12 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, surety on a senior basis to each Holder and to the Indenture Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitythe Final Maturity Date, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) Indenture Trustee and the SecuritiesNotes, whether for payment of principal of, or premium, if any, or interest on in respect of on, the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes, and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer, whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 9 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests (subject to Permitted Liens) in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.08 and 4.09.
Appears in 1 contract
Samples: Indenture (Imperial Holdings, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture Issuer (including obligations to the Trustee and the Notes Collateral Trustee) under this Indenture and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture Indenture, the Notes, the Security Documents and the Securities Intercreditor Agreement and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture Indenture, the Notes, the Security Documents and the Securities Intercreditor Agreement (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.10 and 4.11.
Appears in 1 contract
Guarantees. (a) Each Subject to the provisions of this Article X, each Subsidiary Guarantor hereby jointly and severally, irrevocably irrevocably, fully and unconditionally guarantees guarantees, on a senior unsecured basis, as a primary obligor guarantor and not merely as a surety, to with each Holder and to the Trustee and its successors and assigns (i) other Guarantor, the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption acceleration or otherwise, of all obligations Obligations of the Issuers under this Indenture and the Notes Documents (including obligations interest that, but for the filing of a petition in any bankruptcy or other insolvency proceeding with respect to the TrusteeIssuers, would have accrued on any Obligation, whether or not a claim is allowed against the Issuers for such interest in the related bankruptcy proceeding) to the Holders and the SecuritiesTrustee, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for feesNotes, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing such obligations guaranteed by such Subsidiary Guarantors being hereinafter collectively herein called the “Guaranteed Obligations”). Each Subsidiary Guarantor further agrees (to the extent lawful) that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantorit, and that each such Guarantor shall it will remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Subsidiary Guarantor Obligation.
Appears in 1 contract
Samples: Neiman Marcus Group LTD LLC
Guarantees. (axvii) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Supplemental Indenture (Berry Plastics Holding Corp)
Guarantees. (a) Each Subject to the provisions of this Article X, each Subsidiary Guarantor hereby jointly and severally, irrevocably irrevocably, fully and unconditionally guarantees guarantees, on a senior unsecured basis, as a primary obligor guarantor and not merely as a surety, to with each Holder and to the Trustee and its successors and assigns (i) other Guarantor, the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption acceleration or otherwise, of all obligations Obligations of the Issuers under this Indenture and the Notes Documents (including obligations interest that, but for the filing of a petition in any bankruptcy or other insolvency proceeding with respect to the TrusteeIssuers, would have accrued on any Obligation, whether or 157 not a claim is allowed against the Issuers for such interest in the related bankruptcy proceeding) to the Holders and the SecuritiesTrustee, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for feesNotes, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing such obligations guaranteed by such Subsidiary Guarantors being hereinafter collectively herein called the “Guaranteed Obligations”). Each Subsidiary Guarantor further agrees (to the extent lawful) that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantorit, and that each such Guarantor shall it will remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Subsidiary Guarantor Obligation.
Appears in 1 contract
Guarantees. (a) Each Subject to the provisions of this Article X, each Subsidiary Guarantor hereby jointly and severally, irrevocably irrevocably, fully and unconditionally guarantees guarantees, on a senior unsecured basis, as a primary obligor guarantor and not merely as a surety, to with each Holder and to the Trustee and its successors and assigns (i) other Guarantor, the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption acceleration or otherwise, of all obligations Obligations of the Issuers under this Indenture and the Notes Documents (including obligations interest that, but for the filing of a petition in any bankruptcy or other insolvency proceeding with respect to the TrusteeIssuers, would have accrued on any Obligation, whether or not a claim is allowed against the Issuers for such interest in the related bankruptcy proceeding) to the Holders, the Trustee and the Securitieseach Agent, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for feesNotes, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing such obligations guaranteed by such Subsidiary Guarantors being hereinafter collectively herein called the “Guaranteed Obligations”). Each Subsidiary Guarantor further agrees (to the extent lawful) that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantorit, and that each such Guarantor shall it will remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Subsidiary Guarantor Obligation.
Appears in 1 contract
Samples: Neiman Marcus Group LTD LLC
Guarantees. (a) Each Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premiuminterest on or Additional Amounts, if any, or interest on in respect of of, the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “"Guaranteed Obligations”"). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (Maxxim Medical Inc/Tx)
Guarantees. (a) Each By its execution hereof, each Guarantor acknowledges that it receives substantial benefits from the Issuer and that the Guarantors are providing their Guarantees for good and valuable consideration, including, without limitation, such substantial benefits. Accordingly, subject to the provisions of this Article 15, each Guarantor hereby jointly fully, unconditionally and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, jointly and severally with each other Guarantor, to each Holder and of the Notes, to the extent lawful, and the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption upon repurchase due to a Fundamental Change or otherwise, of all obligations the principal of the Issuers under this Indenture (including obligations the repurchase price upon repurchase pursuant to the Trustee) and the Securities, whether for payment of principal ofArticle 3), premium, if any, or interest and Interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and Notes (iiincluding, without limitation, interest accruing after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to the Issuer or any Guarantor whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Guarantor Obligations”). Each Guarantor further agrees (to the extent lawful) that the Guaranteed Guarantor Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantorit, and that each such Guarantor it shall remain bound under this Article 10 15 notwithstanding any extension or renewal of any Guaranteed Guarantor Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a unsecured senior unsecured subordinated basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Company under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (MPM Silicones, LLC)
Guarantees. (a) Each On and after the Acquisition Date, each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a suretysurety on a senior basis, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. The Guaranteed Obligations of a Guarantor will be secured by security interests in the Collateral owned by such Guarantor to the extent provided for in the Security Documents and as required pursuant to Sections 4.12 and 4.15.
Appears in 1 contract
Samples: Indenture (Borden Chemical Inc)
Guarantees. (a) Each Subject to the provisions of this Article X, each Guarantor hereby jointly and severally, severally irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor guarantor and not merely as a surety, with each other Guarantor, to each Holder of the Notes, to the extent lawful, and to the Trustee and its successors and assigns (i) the full Collateral Agent, the performance and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption acceleration or otherwise, of all obligations Obligations of the Issuers Issuer under this Indenture and the Notes (including obligations interest which, but for the filing of a petition in bankruptcy with respect to the TrusteeIssuer, would have accrued on any Obligation, whether or not a claim is allowed against the Issuer for such interest in the related bankruptcy proceeding) to the Holders, the Trustee and the SecuritiesCollateral Agent, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for feesNotes, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing such obligations guaranteed by such Guarantors being hereinafter collectively herein called the “Guaranteed Guarantor Obligations”). Each Guarantor further agrees (to the extent lawful) that the Guaranteed Guarantor Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantorit, and that each such Guarantor it shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Guarantor Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee (acting in any capacity hereunder) and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities, on the terms set forth in this Indenture by executing this Indenture. On the Issue Date, the Guarantors will jointly and severally irrevocably and unconditionally guarantee on a senior basis the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”)) by executing this Indenture. Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (Party City Holdco Inc.)
Guarantees. (a) Each Guarantor hereby hereby, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (New Holding, Inc.)
Guarantees. (a) Each Note Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a unsecured senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Note Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Note Guarantor, and that each such Note Guarantor shall remain bound under this Article 10 11 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Note Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to Holder, the Trustee and its the Notes Collateral Agent and their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers Issuer under this Indenture (including obligations to the TrusteeNotes Collateral Agent) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers Issuer under this Indenture and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Note Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Note Guarantor, and that each such Note Guarantor shall remain bound under this Article 10 12 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (Kerr Group Inc)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by if applicable, redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities Notes and all other monetary obligations of the Issuers under this Indenture and the Securities Notes (subject in the case of interest, to any right the Issuer may have to forgo or defer the payment thereof as contemplated by Section 2.02) and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Issuer whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior an unsecured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Guarantees. (a) Each Guarantor hereby that guarantees the Notes pursuant to this Indenture, jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers Company under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of the Securities Notes and all other monetary obligations of the Issuers Company under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers Company whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (Valvoline Inc)
Guarantees. (a) Prior to the Initial Escrow Release Date, the Securities will not be guaranteed. From and after the Initial Escrow Release Date, the Securities will be guaranteed by the Guarantors party to the Initial Escrow Release Supplemental Indenture. Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured secured basis, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its successors and assigns (i) the full and punctual payment when due, whether at Stated Maturity, by acceleration, by redemption or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the Securities, whether for payment of principal of, premium, if any, or interest on in respect of the Securities and all other monetary obligations of the Issuers under this Indenture Indenture, the Security Documents and the Securities and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Supplemental Indenture (Albertsons Companies, Inc.)
Guarantees. (a) Each Guarantor hereby jointly and severally, irrevocably and unconditionally guarantees on a senior unsecured basisguarantees, as a primary obligor and not merely as a surety, to each Holder and to the Trustee and its their successors and assigns (i) the full and punctual payment when due, whether at Stated Maturitymaturity, by acceleration, by redemption acceleration or otherwise, of all obligations of the Issuers under this Indenture (including obligations to the Trustee) and the SecuritiesNotes, whether for payment of principal of, premium, if any, or interest on in respect of on, if any, the Securities Notes and all other monetary obligations of the Issuers under this Indenture and the Securities Notes and (ii) the full and punctual performance within applicable grace periods of all other obligations of the Issuers whether for fees, expenses, indemnification or otherwise under this Indenture and the Securities Notes, on the terms set forth in this Indenture by executing this Indenture (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from each such Guarantor, and that each such Guarantor shall remain bound under this Article 10 X notwithstanding any extension or renewal of any Guaranteed Obligation.
Appears in 1 contract
Samples: Indenture (AerCap Holdings N.V.)