Notes Guarantees. (a) Each Guarantor hereby fully and, subject to the limitations on the effectiveness and enforceability set forth in Section 10.04, unconditionally guarantees, on an unsecured, senior subordinated, joint and several basis, in each case to each Holder and to the Trustee and its successors and assigns on behalf of each Holder, the full payment of principal of, premium, if any, interest, if any, and Additional Amounts, if any on, and all other monetary obligations of the Issuer under this Indenture and the Notes (including obligations to the Trustee and the obligations to pay Additional Amounts, if any) with respect to each Note authenticated and delivered by the Trustee or its agent pursuant to and in accordance with this Indenture, in accordance with the terms of this Indenture (all the foregoing being hereinafter collectively called the “Obligations”). The Guarantors further agree that the Obligations may be extended or renewed, in whole or in part, without notice or further assent from the Guarantors and that the Guarantors will remain bound under this Article 10 notwithstanding any extension or renewal of any Obligation. All payments under each Guarantee will be made in dollars.
Appears in 2 contracts
Samples: Digicel Group LTD, Digicel Group LTD
Notes Guarantees. (a) Each Guarantor hereby fully andjointly and severally, subject to the limitations on the effectiveness irrevocably and enforceability set forth in Section 10.04, unconditionally guarantees, as a primary obligor and not merely as a surety on an unsecured, a senior subordinated, joint and several basis, in each case to each Holder and to the Trustee and its successors and assigns on behalf of each Holder, (i) the full and punctual payment when due, whether at the respective Final Maturity Date, by acceleration, by redemption or otherwise, of all obligations of the Issuer under this Indenture (including obligations to the Trustee and the other Indenture Agents) and the Notes, whether for payment of principal of, premium, if any, interest, if any, and Additional Amounts, if any on, or interest on and in respect of the Notes and all other monetary obligations of the Issuer under this Indenture and the Notes and (including ii) the full and punctual performance within applicable grace periods of all other obligations to of the Trustee Issuer, whether for fees, expenses, indemnification or otherwise under this Indenture and the obligations to pay Additional Amounts, if any) with respect to each Note authenticated and delivered by the Trustee or its agent pursuant to and in accordance with this Indenture, in accordance with the terms of this Indenture Notes (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). The Guarantors Each Guarantor further agree agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from the Guarantors each such Guarantor, and that the Guarantors will each such Guarantor shall remain bound under this Article 10 notwithstanding any extension or renewal of any Guaranteed Obligation. All payments under each Guarantee will be made in dollars.
Appears in 2 contracts
Samples: Supplemental Indenture (Capmark Affordable Properties LLC), Indenture (Capmark Financial Group Inc.)
Notes Guarantees. (a) Each Guarantor hereby fully and, subject to the limitations on the effectiveness and enforceability set forth in Section 10.04, unconditionally guarantees, on an unsecured, senior subordinated, joint and several basis, in each case to each Holder and to the Trustee and its successors and assigns on behalf of each Holder, the full payment of principal of, premium, if any, interest, if any, and Additional Amounts, if any on, and all other monetary obligations of the Issuer under this Indenture and the Notes (including obligations to the Trustee and the obligations to pay Additional Amounts, if any) with respect to each Note authenticated and delivered by the Trustee or its agent pursuant to and in accordance with this Indenture, in accordance with the terms of this Indenture (all the foregoing being hereinafter collectively called the “Obligations”). The Guarantors further agree that the Obligations may be extended or renewed, in whole or in part, without notice or further assent from the Guarantors and that the Guarantors will remain bound under this Article 10 Ten notwithstanding any extension or renewal of any Obligation. All payments under each Guarantee will be made in dollars.
Appears in 1 contract
Samples: Digicel Group LTD
Notes Guarantees. (a) Each Guarantor hereby fully and, subject in each case to the Agreed Security Principles and Agreed Guarantee Principles, including any limitations set forth in any notation of Guarantee and the limitations on the effectiveness and enforceability set forth in Section 10.04, unconditionally guarantees, on an unsecured, a senior subordinatedsecured, joint and several basis, in each case to each Holder and to the Trustee and its successors and assigns on behalf of each Holder, the full payment of principal of, premium, if any, interest, if any, and Additional Amounts, if any on, and all other monetary obligations Obligations of the Issuer Issuers under this Indenture and the Notes (including obligations to the Trustee and the obligations to pay Additional Amounts, if any) with respect to each Note authenticated and delivered by the Trustee or its agent pursuant to and in accordance with this Indenture, in accordance with the terms of this Indenture (all the foregoing being hereinafter collectively called the “Obligations”)Indenture. The Guarantors further agree that the Obligations guaranteed hereby may be extended or renewed, in whole or in part, without notice or further assent from the Guarantors and that the Guarantors will remain bound under this Article 10 Ten notwithstanding any extension or renewal of any ObligationObligation guaranteed hereby. All payments under each Guarantee will be made in dollars.
Appears in 1 contract
Samples: Indenture (Transact LTD)