NOTATION OF GUARANTEE. As set forth more fully in the Indenture, the Persons constituting Guarantors from time to time, in accordance with the provisions of the Indenture, unconditionally and jointly and severally guarantee, in accordance with Section 11.1 of the Indenture, to the Holder and to the Trustee and its successors and assigns, that (i) the principal of and interest on the Security will be paid, whether at the Maturity Date or Interest Payment Dates, by acceleration, call for redemption upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, and all other obligations of the Company to the Holder or the Trustee under the Indenture or this Security will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Security, and (ii) in the case of any extension of payment or renewal of this Security or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of such extension or renewal, whether at the Maturity Date, as so extended, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise. Such guarantees shall cease to apply, and shall be null and void, with respect to any Guarantor who, pursuant to Article XI of the Indenture, is released from its guarantees, or whose guarantees otherwise cease to be applicable pursuant to the terms of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities and the Indenture, the predecessor will be released from those obligations.
Appears in 3 contracts
Samples: Indenture (Wichita Manufacturing Inc), Indenture (Doskocil Manufacturing Co Inc), Indenture (Compass Aerospace LTD)
NOTATION OF GUARANTEE. As set forth more fully in the Indenture, the Persons constituting Guarantors from time to time, in accordance with the provisions of the Indenture, unconditionally and jointly and severally guarantee, in accordance with Section 11.1 12.1 of the Indenture, to the Holder and to the Trustee and its successors and assigns, that (i) the principal of and interest on the Security will be paid, whether at the Maturity Date or Interest Payment Dates, by acceleration, call for redemption upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, and all other obligations of the Company to the Holder or the Trustee under the Indenture or this Security will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Security, and (ii) in the case of any extension of payment or renewal of this Security or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of such extension or renewal, whether at the Maturity Date, as so extended, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise. Such guarantees shall cease to apply, and shall be null and void, with respect to any Guarantor who, pursuant to Article XI XII of the Indenture, is released from its guarantees, or whose guarantees otherwise cease to be applicable pursuant to the terms of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities and the Indenture, the predecessor will be released from those obligations.
Appears in 2 contracts
Samples: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)
NOTATION OF GUARANTEE. As more fully set forth more fully in the Indenture, to the Persons constituting extent permitted by law, each of the Guarantors from time to time, in accordance with the provisions Article X of the Indenture, unconditionally and jointly and severally guarantee, in accordance with Section 11.1 of the Indentureguarantees, to each Holder of a Note authenticated and delivered by the Holder Trustee and to the Trustee and its successors and assigns, that: By its execution of the Indenture and its Guarantee endorsed on this Note, each of the Guarantors acknowledges and agrees that it receives substantial benefits from the Issuers and that such party is providing its Guarantee for good and valuable consideration, including, without limitation, such substantial benefits and services. Accordingly, subject to the provisions of Article X of the Indenture, each Guarantor, jointly and severally, hereby unconditionally guarantees on a senior basis to each Holder of a Note authenticated and delivered by the Trustee and its successors and assigns that: (i) the principal of of, premium, if any, and interest on the Security will Notes shall be paid, whether at the Maturity Date or Interest Payment Dates, by acceleration, call for redemption upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, duly and all other obligations of the Company to the Holder or the Trustee under the Indenture or this Security will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Security, and (ii) in the case of any extension of payment or renewal of this Security or any of such other obligations, they will be punctually paid in full when due or performed in accordance with the terms of such extension or renewaldue, whether at the Maturity Date, as so extendedmaturity, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise. Such guarantees shall cease to apply, and interest on overdue principal, premium, if any, and (to the extent permitted by law) interest on any interest, if any, on the Notes and all other obligations of the Issuers to the Holders or the Trustee hereunder or under the Notes (including fees, expenses or other) shall be null promptly paid in full or performed, all in accordance with the terms hereof and voidthe Indenture; and (ii) in case of any extension of time of payment or renewal of any Notes or any of such other obligations, the same shall be promptly paid in full when due or performed in accordance with respect to any Guarantor who, pursuant to Article XI the terms of the Indentureextension or renewal, is released from its guaranteeswhether at stated maturity, by acceleration, call for redemption, upon a Change of Control, upon an Asset Sale Offer or whose guarantees otherwise cease to be applicable pursuant otherwise, subject, however, in the case of clauses (i) and (ii) above, to the terms limitations set forth in Section 10.5 of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities Notes and the Indenture, the predecessor will may be released from those obligations.
Appears in 2 contracts
Samples: Indenture (Douglas Dynamics, Inc), Senior Note (Douglas Dynamics, Inc)
NOTATION OF GUARANTEE. As set forth more fully in the Indenture, the Persons constituting Guarantors from time to time, in accordance with the provisions of the Indenture, unconditionally and jointly and severally guaranteeGuarantee, on a senior basis, in accordance with Section 11.1 10.1 of the Indenture, to the each Holder of Securities and to the Trustee and its successors and assigns, that that, in accordance with the terms of the Indenture and the Securities (i) the principal of of, premium, if any, and interest on the Security will be paidpaid in full when due, whether at the Maturity Date or Interest Payment DatesDate, by acceleration, call for redemption upon or otherwise; (ii) the purchase price for all Securities properly and timely tendered for acceptance in response to a Change of Control Offer, upon an Offer or a Senior Asset Sale Offer will be timely, or otherwiseotherwise in accordance with the provisions of the Indenture, and paid in full; (iii) all other payment obligations of the Company to the Holder Holders or the Trustee under the Indenture or this Security will be promptly paid in full or performedfull, all in accordance with the terms of the Indenture and this Security, ; and (iiiv) in the case of any extension of time of payment or renewal of this Security or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of such extension or renewal, whether at the Maturity Date, as so extended, by acceleration, call for redemption, upon a Change of Control Offer, upon an a Senior Asset Sale Offer or otherwise. Such guarantees Guarantees shall cease to apply, and shall be null and void, with respect to any Guarantor who, pursuant to Article XI 10 of the Indenture, is released from its guaranteesGuarantees, or whose guarantees Guarantees otherwise cease to be applicable pursuant to the terms of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities and the Indenture, the predecessor will be released from those obligations.
Appears in 2 contracts
Samples: Indenture (Beverly Enterprises Inc /De/), Indenture (Rehabilitation Associates of Lafayette Inc)
NOTATION OF GUARANTEE. As more fully set forth more fully in the Indenture, by its execution of its Guarantee, each of the Persons constituting Guarantors acknowledges and agrees that it receives substantial benefits from time the Company and that such party is providing its Guarantee for good and valuable consideration, including, without limitation, such substantial benefits and services. Accordingly, subject to time, in accordance with the provisions of Article X of the Indenture, unconditionally and each Guarantor, jointly and severally guaranteeseverally, in accordance with Section 11.1 unconditionally guarantees on a senior subordinated basis to each Holder of the Indenture, to the Holder a Note authenticated and to delivered by the Trustee and its successors and assigns, that assigns that: (i) the principal of of, interest, premium, if any, and interest Liquidated Damages, if any, on the Security will Notes shall be paidduly and punctually paid in full when due, whether at the Maturity Date or Interest Payment Datesmaturity, by acceleration, call for redemption redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, and interest on overdue principal, premium, if any, Liquidated Damages, if any, and (to the extent permitted by law) interest on any interest, if any, on the Notes and all other obligations of the Company to the Holder Holders or the Trustee under the Indenture Notes, the Indenture, the Collateral Agreements and the Note Registration Rights Agreement (including fees, expenses or this Security will other) shall be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Security, Indenture; and (ii) in the case of any extension of time of payment or renewal of this Security any Notes or any of such other obligations, they will the same shall be promptly paid in full when due or performed in accordance with the terms of such the extension or renewal, whether at the Maturity Date, as so extendedstated maturity, by acceleration, call for redemption, upon a Change of Control OfferControl, upon an Asset Sale Offer or otherwise. Such guarantees shall cease to apply, subject, however, in the case of clauses (i) and shall be null and void(ii) above, with respect to any Guarantor who, pursuant to Article XI of the Indenture, is released from its guarantees, or whose guarantees otherwise cease to be applicable pursuant to the terms limitations set forth in Section 10.8 of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities Notes and the Indenture, the predecessor will may be released from those obligations.
Appears in 2 contracts
Samples: 12% Series B Second Priority Secured Note (Orbital Sciences Corp /De/), Indenture (Orbital Sciences Corp /De/)
NOTATION OF GUARANTEE. As set forth more fully in the Indenture, the Persons constituting Guarantors from time to time, in accordance with the provisions of the Indenture, unconditionally and jointly and severally guarantee, on a senior basis, in accordance with Section 11.1 10.1 of the Indenture, to the Holder and to the Trustee and its successors and assigns, that (i) the principal of of, premium, if any, and interest on the Security will be paidpaid in full when due, whether at the Maturity Date or Interest Payment DatesDate, by acceleration, call for redemption upon or otherwise; (ii) the purchase price for all Securities properly and timely tendered for acceptance in response to a Change of Control Offer, upon an Offer or a Senior Asset Sale Offer will be timely, or otherwiseotherwise in accordance with the provisions of the Indenture, and paid in full; (iii) all other obligations of the Company to the Holder Holders or the Trustee under the Indenture or of this Security will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Security, ; and (iiiv) in the case of any extension of time of payment or renewal of this Security or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of such extension or renewal, whether at the Maturity Date, as so extended, by acceleration, call for redemption, upon a Change of Control Offer, upon an a Senior Asset Sale Offer or otherwise. Such guarantees shall cease to apply, and shall be null and void, with respect to any Guarantor who, pursuant to Article XI 10 of the Indenture, is released from its guaranteesGuarantees, or whose guarantees Guarantees otherwise cease to be applicable pursuant to the terms of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities and the Indenture, the predecessor will be released from those obligations.
Appears in 1 contract
NOTATION OF GUARANTEE. As set forth more fully in the Indenture, the Persons constituting Guarantors from time to time, in accordance with the provisions of the Indenture, unconditionally and jointly and severally guarantee, in accordance with Section 11.1 of the Indenture, to the Holder Holders and to the Trustee and its successors and assigns, that (i) the principal of of, and premium (if any) and interest on on, and Liquidated Damages, if any, in respect of, the Security Securities will be paid, whether at the Stated Maturity Date or Interest Payment Dates, by acceleration, call for redemption upon or otherwise, (ii) the purchase price for all Securities properly and timely tendered in response to a Change of Control Offer or Asset Sale Offer, upon an Asset Sale Offer or otherwisetogether with accrued and unpaid interest thereon, will be timely, and otherwise in accordance with the provisions of the Indenture, paid in full, (iii) all other obligations of the Company to the Holder Holders or the Trustee under the Indenture or this Security the Securities will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Securitythe Securities, and (iiiv) in the case of any extension of payment or renewal of this Security or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of such extension or renewal, whether at the Maturity Date, as so extendedStated Maturity, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise. Such guarantees Guarantee shall cease to apply, and shall be null and void, with respect to any Guarantor who, pursuant to Article XI of the Indenture, is released from its guarantees, Guarantee or whose guarantees Guarantee otherwise cease to be applicable pursuant to the terms of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities and the Indenture, the predecessor will be released from those obligations.
Appears in 1 contract
Samples: Indenture (Quality Food Centers Inc)
NOTATION OF GUARANTEE. As more fully set forth more fully in the Indenture, each of the Persons constituting Guarantors from time to time, in accordance with the provisions of the Indenture, shall irrevocably and unconditionally and jointly and severally guarantee, on a senior basis, in accordance with Section 11.1 Article XI of the Indenture, to each Holder of a Note authenticated and delivered by the Holder Trustee and to the Trustee and its successors and assigns, that that: (ia) the principal of of, and premium, if any, and interest on the Security Notes will be paidpaid in full when due, whether at the Maturity Date or Interest Payment DatesDate, by acceleration, call for redemption redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, and ; (b) all other obligations of the Company to the Holder Holders or the Trustee under the Indenture or this Security under the Notes will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Security, the Notes; and (iic) in the case of any extension of time of payment or renewal of this Security any Notes or any of such other obligations, they the same will be promptly paid in full when due or performed in accordance with the terms of such the extension or renewal, whether at the Maturity Date, as so extendedmaturity, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise. Such guarantees Guarantees shall cease to apply, and shall be null and void, with respect to any Guarantor who, pursuant to Article XI of the Indenture, is released from its guarantees, Guarantee or whose guarantees Guarantee otherwise cease ceases to be applicable pursuant to the terms of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities Notes and the Indenture, the predecessor will be released from those obligations.
Appears in 1 contract
NOTATION OF GUARANTEE. As more fully set forth more fully in the Indenture, to the Persons constituting extent permitted by law, each of the Guarantors from time to time, in accordance with the provisions Article X of the Indenture, unconditionally and jointly and severally guarantee, in accordance with Section 11.1 of the Indentureguarantees, to each Holder of a Note authenticated and delivered by the Holder Trustee and to the Trustee and its successors and assigns, that that: (ia) the principal of of, and premium, if any, and interest on the Security Notes will be paid, whether at the Maturity Date or Interest Payment Dates, by acceleration, call for redemption upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, duly and all other obligations of the Company to the Holder or the Trustee under the Indenture or this Security will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Security, and (ii) in the case of any extension of payment or renewal of this Security or any of such other obligations, they will be punctually paid in full when due or performed in accordance with the terms of such extension or renewaldue, whether at the Maturity Date, as so extendedmaturity, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer, upon a Existing Notes Redemption Offer or otherwise. Such guarantees shall cease to apply, and shall be null interest on overdue principal of, and voidpremium, with respect if any, and (to the extent permitted by law and the Indenture) interest on any Guarantor whointerest, pursuant to Article XI if any, on the Notes and all other obligations of the IndentureCompany to the Holders or the Trustee hereunder or under the Notes (including fees, is released from its guaranteesexpenses or other) will be promptly paid in full or performed, all in accordance with the terms hereof; and (b) in case of any extension of time of payment or whose guarantees otherwise cease to renewal of any Notes or any of such other obligations, the same will be applicable pursuant to promptly paid in full when due or performed in accordance with the terms of the Indentureextension or renewal, whether at stated maturity, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer, upon a Existing Notes Redemption Offer or otherwise. When a successor assumes all the obligations of its predecessor under the Securities Notes and the Indenture, the predecessor will be released from those obligations.
Appears in 1 contract
NOTATION OF GUARANTEE. As set forth more fully in the this Indenture, the Persons constituting Subsidiary Guarantors from time to time, in accordance with the provisions of the this Indenture, unconditionally and jointly and severally guarantee, in accordance with Section 11.1 of the this Indenture, to the Holder and to the Trustee and its successors and assigns, that (i) the principal of and interest on the Security will be paid, whether at the Maturity Date or Interest Payment Dates, by acceleration, call for redemption upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, and all other obligations of the Company to the Holder or the Trustee under the this Indenture or this Security will be promptly paid in full or performed, all in accordance with the terms of the this Indenture and this Security, and (ii) in the case of any extension of payment or renewal of this Security or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of such extension or renewal, whether at the Maturity Date, as so extended, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise. Such guarantees shall cease to apply, and shall be null and void, with respect to any Subsidiary Guarantor who, pursuant to Article XI of the this Indenture, is released from its guarantees, or whose guarantees otherwise cease to be applicable pursuant to the terms of the this Indenture. When a successor assumes all the obligations of its predecessor under the Securities and the this Indenture, the predecessor will be released from those obligations.
Appears in 1 contract
Samples: Indenture (Hallmark America Inc)
NOTATION OF GUARANTEE. As set forth more fully in the Indenture, the Persons constituting Subsidiary Guarantors from time to time, in accordance with the provisions of the Indenture, unconditionally and jointly and severally guarantee, in accordance with Section 11.1 of the Indenture, to the Holder and to the Trustee and its successors and assigns, that (i) the principal of and interest (and Liquidated Damages, if any) on the Security Note will be paid, whether at the Maturity Date or Interest Payment Dates, by acceleration, call for redemption redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, and all other obligations of the Company to the Holder or the Trustee under the Indenture or this Security Note will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this SecurityNote, and (ii) in the case of any extension of payment or renewal of this Security Note or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of such extension or renewal, whether at the Maturity Date, as so extended, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise. Such guarantees shall cease to apply, and shall be null and void, with respect to any Subsidiary Guarantor who, pursuant to Article XI of the Indenture, is released from its guarantees, or whose guarantees otherwise cease to be applicable pursuant to the terms of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities Notes and the Indenture, the predecessor will be released from those obligations.
Appears in 1 contract
Samples: Indenture (NPR Inc)
NOTATION OF GUARANTEE. 106 As set forth more fully in the Indenture, the Persons constituting Subsidiary Guarantors from time to time, in accordance with the provisions of the Indenture, unconditionally and jointly and severally guarantee, in accordance with Section 11.1 of the Indenture, to the Holder and to the Trustee and its successors and assigns, that (i) the principal of and interest (and Liquidated Damages, if any) on the Security will be paid, whether at the Maturity Date or Interest Payment Dates, by acceleration, call for redemption redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, and all other obligations of the Company to the Holder or the Trustee under the Indenture or this Security will be promptly paid in full or performed, all in accordance with the terms of the Indenture and this Security, and (ii) in the case of any extension of payment or renewal of this Security or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of such extension or renewal, whether at the Maturity Date, as so extended, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise. Such guarantees shall cease to apply, and shall be null and void, with respect to any Subsidiary Guarantor who, pursuant to Article XI of the Indenture, is released from its guarantees, or whose guarantees otherwise cease to be applicable pursuant to the terms of the Indenture. When a successor assumes all the obligations of its predecessor under the Securities and the Indenture, the predecessor will be released from those obligations.
Appears in 1 contract
Samples: Indenture (Big 5 Corp /Ca/)