Guaranty of Notes. Section 1.1. Guaranty
Guaranty of Notes. The Indenture is hereby amended to add the following provisions as a new Article XVII to be inserted immediately following Article XVI of the Indenture. Article XVII shall apply to the Notes only.
Guaranty of Notes. Guarantor unconditionally guarantees to each Lender the full payment of their respective Note. This is a guaranty of payment, not of collection. If Obligor defaults in the payment when due of the Notes or any part of any Notes, Guarantor shall in lawful money of the United States pay to each Lender or to its order, on demand, all sums due and owing on the applicable Note, including all interest, charges, fees and other sums, costs and expenses.
Guaranty of Notes. SECTION 12.01.
Guaranty of Notes. As a result of the arrangements contemplated by the Trust Agreement and the Purchase Contract for the financing by the Issuer of nuclear fuel, the Company acknowledges that it will derive substantial benefit from the issuance of the Notes. To induce the holders of Notes to enter into this Agreement, the Company agrees with each Purchaser and any other holder of Notes (each such person, together with its successors and assigns permitted by this Agreement, a “Guaranteed Party”) as follows:
Guaranty of Notes. The payment by the Company of all amounts due with respect to the Notes and the performance by the Company of its obligations under this Agreement (including all Supplements) are fully and unconditionally guaranteed by Granite Construction Company, a California corporation, Granite Land Company, a California corporation, Granite Construction Northeast, Inc., a New York corporation, Granite Northwest, a Washington corporation, Intermountain Slurry Seal, Inc., a Wyoming corporation, Pozzolan Products Company, a Utah corporation and GILC Incorporated, a California corporation, and each other from time to time Material Subsidiary (collectively, the “Guarantors”) pursuant to that certain Subsidiary Guaranty Agreement dated as of December 12, 2007 (as from time to time amended or supplemented, the “Guaranty Agreement”) from the initial Guarantors to each Purchaser and each other from time to time holder of Notes substantially in the form attached hereto as Exhibit 2.
Guaranty of Notes. 3 Section 1.1. Guaranty....................................................... 3 Section 1.2. Obligations Absolute and Unconditional......................... 4 Section 1.3. Subrogation.................................................... 8 Section 1.4. Contribution................................................... 8 Section 1.5. Preference..................................................... 9 Section 1.6. Marshalling.................................................... 9
Guaranty of Notes. SECTION 11.01 Subsidiary Guaranty 74 SECTION 11.02 Execution Delivery of Subsidiary Guaranty 76 SECTION 11.03 Additional Guarantors 76 SECTION 11.04 Release of Subsidiary Guarantor 76 ARTICLE XII MISCELLANEOUS SECTION 12.01 TIA Controls 77 SECTION 12.02 Notices 77 SECTION 12.03 Communications by Holders with Other Holders 78 SECTION 12.04 Certificate and Opinion as to Conditions Precedent 79 SECTION 12.05 Statements Required in Certificate or Opinion 79 SECTION 12.06 Rules by Trustee, Paying Agent, Calculation Agent and Xxxxxxxxx 00 SECTION 12.07 Legal Holidays 79 SECTION 12.08 Governing Law 80 SECTION 12.09 No Adverse Interpretation of Other Agreements 80 SECTION 12.10 No Recourse Against Others 80 SECTION 12.11 Successors 80 SECTION 12.12 Duplicate Originals 80 SECTION 12.13 Severability 80 Signatures S-1 EXHIBITS Exhibit A Form of Note A-1 Exhibit B Form of Legend for 144A Notes and Other Notes That Are Restricted Notes B-1 Exhibit C Form of Legend for Regulation S Note C-1 Exhibit D Form of Legend for Global Note D-1 Exhibit E Form of Certificate To Be Delivered in Connection with Transfers to Non-QIB Accredited Investors E-1 Exhibit F Form of Certificate To Be Delivered in Connection with Transfers Pursuant to Regulation S F-1 Exhibit G Form of Guaranty G-1 Note: This Table of Contents shall not, for any purpose, be deemed to be part of this Indenture. INDENTURE dated as of March 1, 2004 between NORTEK, INC., a Delaware corporation (the "Issuer"), as issuer, and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the "Trustee"). Each party hereto agrees as follows for the benefit of each other party and for the equal and ratable benefit of the Holders.
Guaranty of Notes. 2 Section 1.4 Several Commitments ................................................................................ 2
Guaranty of Notes. Pursuant to those certain separate Subordinated Guaranty Agreements, (individually, a "Guaranty Agreement" and collectively, the "Guaranty Agreements"), each Restricted Subsidiary, other than AH Industries, Inc., an Alberta, Canada, corporation, will guarantee (i)the due and punctual payment of the principal of and interest and Make-Whole Amount, if any, on the Notes from time to time outstanding, as and when such payments become due and payable (including interest on overdue payments of principal, Make-Whole Amount, if any, or interest at the rate set forth in the Notes) and (ii)the prompt performance and compliance by the Company with each of its other obligations under this Agreement. The Guaranty Agreements will be in the form attached hereto as Exhibit B.
