Common use of Obligation of Guarantors Unconditional Clause in Contracts

Obligation of Guarantors Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among a Guarantor and its creditors other than the holders of such Guarantor’s Senior Indebtedness, including the Holders, the obligation of a Guarantor, which is absolute and unconditional, to pay to the Holders an amount pursuant to the Guarantees as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and other creditors of such Guarantor other than the holders of such Guarantor’s Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of such Guarantor’s Senior Indebtedness in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon payment or distribution of assets of an affected Guarantor referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceeding affecting the affairs of such Guarantor is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of such Guarantor’s Senior Indebtedness and other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount paid or distributed thereon and all other facts pertinent thereto or to this Article.

Obligation of Guarantors Unconditional. Nothing contained in this Article 11 or elsewhere in this Indenture Indenture, in any Security or in the Securities any Guarantee of a Security is intended to or shall impair, as among a Guarantor and its between the Guarantors, their respective creditors other than the holders of such Guarantor’s Guarantor Senior Indebtedness, including Indebtedness and the HoldersHolders of the Securities, the obligation of a Guarantorthe Guarantors, which is absolute and unconditional, to pay to the Holders an amount pursuant to of the Guarantees Securities the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of the Guarantees with respect to the Securities, or is intended to or shall affect the relative rights of the Holders of the Securities and other creditors of such Guarantor the Guarantors other than the holders of such Guarantor’s the Guarantor Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 11 of the holders of such Guarantor’s Guarantor Senior Indebtedness in respect of cash, property or securities of such Guarantor the Guarantors received upon the exercise of any such remedy. Upon payment or any distribution of assets of an affected any Guarantor referred to in this ArticleArticle 11, the Trustee Trustee, subject to the provisions of Sections 7.01 and 7.02, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceeding affecting the affairs of such Guarantor is pending proceedings are pending, or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered distribution to the Trustee or to the HoldersHolders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of such Guarantor’s the Guarantor Senior Indebtedness and other indebtedness of such Guarantorthe Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle 11. Nothing contained in this Article 11 or elsewhere in this Indenture, in any Security or in any Guarantee of any Security is intended to or shall affect the obligation of the Guarantors to make, or prevent the Guarantors from making, at any time except during the pendency of any dissolution, winding up, liquidation or reorganization proceeding, and except during the continuance of any default specified in Section 9.04 (not cured or waived), payments at any time of the principal or of interest on the Securities.

Obligation of Guarantors Unconditional. Nothing contained in this Article 10 or elsewhere in this Indenture Indenture, in any Note or in the Securities any Note Guarantee is intended to or shall impair, as among a Guarantor between the Guarantors and its creditors other than the holders of such Guarantor’s Senior Indebtedness, including the Holderstheir respective creditors, the obligation of a Guarantorthe Guarantors, which is absolute and unconditional, to pay to the Holders an amount pursuant to of the Guarantees Notes the principal of and interest on the Notes as and when the same shall become due and payable in accordance with their termsthe terms of the Note Guarantees, or is intended to or shall affect the relative rights of the Holders of the Note and other creditors of such Guarantor other than the holders of such Guarantor’s Senior IndebtednessGuarantors, nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Note from exercising all remedies otherwise permitted by applicable law upon default Default under this Indenture, subject to the rights, if any, under this Article of the holders of such Guarantor’s Senior Indebtedness in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon payment or any distribution of assets of an affected any Guarantor referred to in this ArticleArticle 10, the Trustee Trustee, subject to the provisions of Sections 7.01 and 7.02, and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceeding affecting the affairs of such Guarantor is pending proceedings are pending, or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person Person making any payment or distribution, delivered distribution to the Trustee or to the HoldersHolders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of such Guarantor’s Senior Indebtedness and other indebtedness of such Guarantorthe Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle 10. Nothing contained in this Article 10 or elsewhere in this Indenture, in any Note or in any Note Guarantee is intended to or shall affect the obligation of the Guarantors to make, or prevent the Guarantors from making, at any time except during the pendency of any dissolution, winding up, liquidation or reorganization proceeding, and except during the continuance of any default specified in Section 6.02 (not cured or waived), payments at any time of the principal or of interest on the Notes.

Obligation of Guarantors Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as among a Guarantor and its creditors other than the holders of such Guarantor’s Senior Indebtedness, including the Holders, the obligation of a Guarantor, which is absolute and unconditional, to pay to the Holders an amount pursuant to the Guarantees as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and other creditors of such Guarantor other than the holders of such Guarantor’s Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of such Guarantor’s Senior Indebtedness in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon payment or distribution of assets of an affected Guarantor referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceeding affecting the affairs of such Guarantor is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of such Guarantor’s Senior Indebtedness and other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount paid or distributed thereon and all other facts pertinent thereto or to this Article.

Obligation of Guarantors Unconditional. Nothing contained in this Article 11 or elsewhere in this Indenture Indenture, in any Note or in the Securities any Note Guarantee is intended to or shall impair, as among a Guarantor and its between the Guarantors, their respective creditors other than the holders of such Guarantor’s Guarantor Senior Indebtedness, including Debt and the HoldersHolders of the Notes, the obligation of a Guarantorthe Guarantors, which is absolute and unconditional, to pay to the Holders an amount pursuant to of the Guarantees Notes the principal of and interest on the Notes as and when the same shall become due and payable in accordance with their termsthe terms of the Note Guarantees, or is intended to or shall affect the relative rights of the Holders of the Note and other creditors of such Guarantor the Guarantors other than the holders of such Guarantor’s the Guarantor Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Note from exercising all remedies otherwise permitted by applicable law upon default Default under this Indenture, subject to the rights, if any, under this Article 11 of the holders of such Guarantor’s Guarantor Senior Indebtedness Debt in respect of cash, property or securities of such Guarantor the Guarantors received upon the exercise of any such remedy. Upon payment or any distribution of assets of an affected any Guarantor referred to in this ArticleArticle 11, the Trustee Trustee, subject to the provisions of Sections 7.01 and 7.02, and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceeding affecting the affairs of such Guarantor is pending proceedings are pending, or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person Person making any payment or distribution, delivered distribution to the Trustee or to the HoldersHolders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of such Guarantor’s the Guarantor Senior Indebtedness Debt and other indebtedness of such Guarantorthe Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle 11. Nothing contained in this Article 11 or elsewhere in this Indenture, in any Note or in any Note Guarantee is intended to or shall affect the obligation of the Guarantors to make, or prevent the Guarantors from making, at any time except during the pendency of any dissolution, winding up, liquidation or reorganization proceeding, and except during the continuance of any default specified in Section 9.04 (not cured or waived), payments at any time of the principal or of interest on the Notes.