Common use of Guarantor to Pay; Interest; Currency Clause in Contracts

Guarantor to Pay; Interest; Currency. (a) If the Borrower or other Borrower Group Obligor shall default in payment or performance of the Guaranteed Obligations or any part thereof strictly in accordance with the provisions of the applicable Document(s) as and when the same become due, payable or performable, such that an Event of Default has occurred and is continuing, then the Guarantor shall, so often as any such default happens, on demand by the Guarantee Beneficiaries, forthwith pay to the Guarantee Beneficiaries the amount in default (including any accelerated obligations), and perform any obligations in respect of which the Borrower or such other Borrower Group Obligor is then in default. (b) If the Guarantee Beneficiaries make demand upon the Guarantor as provided in this Section 3.6, the Guarantor shall thereupon be liable to the Guarantee Beneficiaries for the amount demanded directly, as principal, and not just as surety, and will not plead or assert to the contrary in any proceeding taken by the Guarantee Beneficiaries in enforcing this Guarantee. (c) The Guarantor shall pay interest on those of the Guaranteed Obligations that are payment obligations for which demand shall have been made, computed from and after the date of demand until payment in full, at the rate or rates provided in the applicable Document(s) in respect of the obligation so demanded, calculated and compounded in the same manner, but without duplication of interest which is payable by the Guarantor where such interest forms part of the Guaranteed Obligations. (d) Notwithstanding any other provision of this Section 3.6, to the extent that a Cash Management Provider is required to at any time and from time to time transfer, consolidate, net and/or setoff any amounts deposited in any accounts of the Guarantor in order to give effect to the terms of any Cash Management Arrangements (other than provisions enforcing rights or remedies of such Cash Management Provider under such Cash Management Arrangements), such actions not constitute the exercise of a right or remedy under this Guarantee or the receipt of a payment under the Credit Agreement. (e) All Guaranteed Obligations that are payment obligations shall be paid by the Guarantor in whichever currency or currencies in which they are denominated.

Guarantor to Pay; Interest; Currency. (a) If the Borrower or any other Borrower Group Obligor Material Subsidiary shall default in payment or performance of the Guaranteed Obligations or any part thereof strictly in accordance with the provisions of the applicable Document(sCredit Agreement, any other Loan Document, any Secured Swap Agreement or any Cash Management Document (as applicable) as and when the same become due, payable or performable, such that an Event of Default has occurred and is continuing, then the Guarantor shall, so often as any such default happens, on demand by the Guarantee Beneficiaries, forthwith pay to the Guarantee Beneficiaries the amount in default (including any accelerated obligations), and perform any obligations in respect of which the Borrower or such other Borrower Group Obligor Material Subsidiary is then in default. (b) . If the Guarantee Beneficiaries make demand upon the Guarantor as provided in this Section 3.6Section, the Guarantor shall thereupon be liable to the Guarantee Beneficiaries for the amount demanded directly, as principal, and not just as surety, and will not plead or assert to the contrary in any proceeding taken by the Guarantee Beneficiaries in enforcing this Guarantee. (c) . The Guarantor shall pay interest on those of the Guaranteed Obligations that are payment obligations for which demand shall have been made, computed from and after the date of demand until payment in full, at the rate or rates provided in the applicable Document(sCredit Agreement, any other Loan Document, any Secured Swap Agreement or any Cash Management Document (as applicable) in respect of the obligation so demanded, calculated and compounded in the same manner, but without duplication of interest which is payable by the Guarantor where such interest forms part of the Guaranteed Obligations. (d) Notwithstanding any other provision of this Section 3.6, to the extent that a Cash Management Provider is required to at any time and from time to time transfer, consolidate, net and/or setoff any amounts deposited in any accounts of the Guarantor in order to give effect to the terms of any Cash Management Arrangements (other than provisions enforcing rights or remedies of such Cash Management Provider under such Cash Management Arrangements), such actions not constitute the exercise of a right or remedy under this Guarantee or the receipt of a payment under the Credit Agreement. (e) . All Guaranteed Obligations that are payment obligations shall be paid by the Guarantor in whichever currency or currencies in which they are denominated.

Guarantor to Pay; Interest; Currency. (a) If the Borrower or other Borrower Group any Obligor shall default in payment or performance of the Guaranteed Obligations or any part thereof strictly in accordance with the provisions of the applicable Document(sCredit Agreement, any other Loan Document or any Lender Hedge Agreement (as applicable) as and when the same become due, payable or performable, such that an Event of Default has occurred and is continuing, then the Guarantor shall, so often as any such default happens, on demand by the Guarantee Beneficiaries, forthwith pay to the Guarantee Beneficiaries the amount in default of the Guaranteed Obligations then due and payable (including any accelerated obligations), and perform any obligations in respect of which the Borrower or such other Borrower Group Obligor is then obligated to perform. The Guarantee Beneficiaries may enforce this Guarantee in accordance herewith notwithstanding the existence of any dispute between any Obligor and any Guarantee Beneficiary with respect to the existence of such payment or performance default. (b) If the Guarantee Beneficiaries make demand upon the Guarantor as provided in this Section 3.6Section, the Guarantor shall thereupon be liable to the Guarantee Beneficiaries for the amount demanded directly, as principal, and not just as surety, and will not plead or assert to the contrary in any proceeding taken by the Guarantee Beneficiaries in enforcing this Guarantee. (c) The Guarantor shall pay interest on those of the Guaranteed Obligations that are payment obligations for which demand shall have been made, computed from and after the date of demand until payment in full, at the rate or rates provided in the applicable Document(sCredit Agreement, any other Loan Document or any Lender Hedge Agreement (as applicable) in respect of the obligation so demanded, calculated and compounded in the same manner, but without duplication of interest which is payable by the Guarantor where such interest forms part of the Guaranteed Obligations. (d) Notwithstanding any other provision of this Section 3.6, to the extent that a Cash Management Provider is required to at any time and from time to time transfer, consolidate, net and/or setoff any amounts deposited in any accounts of the Guarantor in order to give effect to the terms of any Cash Management Arrangements (other than provisions enforcing rights or remedies of such Cash Management Provider under such Cash Management Arrangements), such actions not constitute the exercise of a right or remedy under this Guarantee or the receipt of a payment under the Credit Agreement. (e) All Guaranteed Obligations that are payment obligations shall be paid by the Guarantor in whichever currency or currencies in which they are denominated.

Guarantor to Pay; Interest; Currency. (a) If the Borrower or other Borrower Group Obligor shall default in payment or performance of the Guaranteed Obligations or any part thereof strictly in accordance with the provisions of the applicable Document(s) as and when the same become due, payable or performable, such that an Event of Default has occurred and is continuing, then the Guarantor shall, so often as any such default happens, on demand by the Guarantee Beneficiaries, forthwith pay to the Guarantee Beneficiaries the amount in default (including any accelerated obligations), and perform any obligations in respect of which the Borrower or such other Borrower Group Obligor is then in default. (b) If the Guarantee Beneficiaries make demand upon the Guarantor as provided in this Section 3.6, the Guarantor shall thereupon be liable to the Guarantee Beneficiaries for the amount demanded directly, as principal, and not just as surety, and will not plead or assert to the contrary in any proceeding taken by the Guarantee Beneficiaries in enforcing this Guarantee. (c) The Guarantor shall pay interest on those of the Guaranteed Obligations that are payment obligations for which demand shall have been made, computed from and after the date of demand until payment in full, at the rate or rates provided in the applicable Document(s) in respect of the obligation so demanded, calculated and compounded in the same manner, but without duplication of interest which is payable by the Guarantor where such interest forms part of the Guaranteed Obligations. (d) Notwithstanding any other provision of this Section 3.6, to the extent that a Cash Management Provider is required to at any time and from time to time transfer, consolidate, net and/or setoff any amounts deposited in any accounts of the Guarantor in order to give effect to the terms of any Cash Management Arrangements (other than provisions enforcing rights or remedies of such Cash Management Provider under such Cash Management Arrangements), such actions not constitute the exercise of a right or remedy under this Guarantee or the receipt of a payment under the Credit Agreement. (e) All Guaranteed Obligations that are payment obligations shall be paid by the Guarantor in whichever currency or currencies in which they are denominated.

Guarantor to Pay; Interest; Currency. (a) If the Borrower or any other Borrower Group Obligor Material Subsidiary shall default in payment or performance of the Guaranteed Obligations or any part thereof strictly in accordance with the provisions of the applicable Document(sCredit Agreement, any other Loan Document, any Secured Swap Agreement or any Cash Management Document (as applicable) as and when the same become due, payable or performable, such that an Event of Default has occurred and is continuing, then the Guarantor shall, so often as any such default happens, on demand by the Guarantee Beneficiaries, forthwith pay to the Guarantee Beneficiaries the amount in default (including any accelerated obligations), and perform any obligations in respect of which the Borrower or such other Borrower Group Obligor Material Subsidiary is then in default. (b) If the Guarantee Beneficiaries make demand upon the Guarantor as provided in this Section 3.6Section, the Guarantor shall thereupon be liable to the Guarantee Beneficiaries for the amount demanded directly, as principal, and not just as surety, and will not plead or assert to the contrary in any proceeding taken by the Guarantee Beneficiaries in enforcing this Guarantee. (c) The Guarantor shall pay interest on those of the Guaranteed Obligations that are payment obligations for which demand shall have been made, computed from and after the date of demand until payment in full, at the rate or rates provided in the applicable Document(sCredit Agreement, any other Loan Document, any Secured Swap Agreement or any Cash Management Document (as applicable) in respect of the obligation so demanded, calculated and compounded in the same manner, but without duplication of interest which is payable by the Guarantor where such interest forms part of the Guaranteed Obligations. (d) Notwithstanding any other provision of this Section 3.6, to the extent that a Cash Management Provider is required to at any time and from time to time transfer, consolidate, net and/or setoff any amounts deposited in any accounts of the Guarantor in order to give effect to the terms of any Cash Management Arrangements (other than provisions enforcing rights or remedies of such Cash Management Provider under such Cash Management Arrangements), such actions not constitute the exercise of a right or remedy under this Guarantee or the receipt of a payment under the Credit Agreement. (e) All Guaranteed Obligations that are payment obligations shall be paid by the Guarantor in whichever currency or currencies in which they are denominated.

Guarantor to Pay; Interest; Currency. (a) If the Borrower Issuer or any other Borrower Group Obligor Material Subsidiary shall default in payment or performance of the Guaranteed Obligations or any part thereof strictly in accordance with the provisions of the applicable Document(sNote Purchase Agreement, any other Note Document (as applicable) as and when the same become due, payable or performable, such that an Event of Default has occurred and is continuing, then the Guarantor shall, so often as any such default happens, on demand by the Guarantee Beneficiaries, forthwith pay to the Guarantee Beneficiaries the amount in default (including any accelerated obligations), and perform any obligations in respect of which the Borrower Issuer or such other Borrower Group Obligor Material Subsidiary is then in default. (b) If the Guarantee Beneficiaries make demand upon the Guarantor as provided in this Section 3.6Section, the Guarantor shall thereupon be liable to the Guarantee Beneficiaries for the amount demanded directly, as principal, and not just as surety, and will not plead or assert to the contrary in any proceeding taken by the Guarantee Beneficiaries in enforcing this Guarantee. (c) The Guarantor shall pay interest on those of the Guaranteed Obligations that are payment obligations for which demand shall have been made, computed from and after the date of demand until payment in full, at the rate or rates provided in the applicable Document(s) Note Purchase Agreement or any other Note Document in respect of the obligation so demanded, calculated and compounded in the same manner, but without duplication of interest which is payable by the Guarantor where such interest forms part of the Guaranteed Obligations. (d) Notwithstanding any other provision of this Section 3.6, to the extent that a Cash Management Provider is required to at any time and from time to time transfer, consolidate, net and/or setoff any amounts deposited in any accounts of the Guarantor in order to give effect to the terms of any Cash Management Arrangements (other than provisions enforcing rights or remedies of such Cash Management Provider under such Cash Management Arrangements), such actions not constitute the exercise of a right or remedy under this Guarantee or the receipt of a payment under the Credit Agreement. (e) All Guaranteed Obligations that are payment obligations shall be paid by the Guarantor in whichever currency or currencies in which they are denominated.