Common use of Obligation to Pay Not Impaired Clause in Contracts

Obligation to Pay Not Impaired. Nothing contained in this Article 3 or elsewhere in this Guarantee is intended to or shall impair, as between the Guarantor, its creditors (other than the holders of Senior Indebtedness) and the Holders, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders the Senior Preferred Share Obligations in accordance herewith, as and when the same shall become due and payable in accordance with this Guarantee, or affect the relative rights of the Holders and creditors of the Guarantor other than the holders of the Senior Indebtedness; nor shall anything herein or therein prevent the Security Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Guarantee, subject to the rights, if any, under this Article 3 of the holders of Senior Indebtedness and other Guaranteed Obligations in respect of cash, property or securities of the Guarantor that are received upon the exercise of any such remedy.

Obligation to Pay Not Impaired. Nothing contained in this Article 3 or elsewhere in this Guarantee is intended to or shall impair, as between the Guarantor, its creditors (other than the holders of Senior Indebtedness) Guarantor Obligations), and the Holders, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders the Senior Class A Preferred Share LP Unit Obligations in accordance herewith, as and when the same shall become due and payable in accordance with this Guarantee, or affect the relative rights of the Holders and creditors of the Guarantor (other than the holders of the Senior IndebtednessGuarantor Obligations and Pari Passu Guarantor Obligations); nor shall anything herein or therein prevent the Security Trustee or any the Holder from exercising all remedies otherwise permitted by applicable law upon default under this Guarantee, subject to the rights, if any, under this Article 3 of the holders of Senior Indebtedness and other Guaranteed Guarantor Obligations or Pari Passu Guarantor Obligations in respect of cash, property or securities of the Guarantor that are received upon the exercise of any such remedy.

Obligation to Pay Not Impaired. Nothing contained in this Article 3 or elsewhere in this Guarantee is intended to or shall impair, as between the Guarantor, its creditors (other than the holders of Senior Indebtedness) and the Holders, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders the Senior Class A Preferred Share LP Unit Obligations in accordance herewith, as and when the same shall become due and payable in accordance with this Guarantee, or affect the relative rights of the Holders and creditors of the Guarantor other than the holders of the Senior Indebtedness; nor shall anything herein or therein prevent the Security Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Guarantee, subject to the rights, if any, under this Article 3 of the holders of Senior Indebtedness and other Guaranteed Obligations in respect of cash, property or securities of the Guarantor that are received upon the exercise of any such remedy.

Obligation to Pay Not Impaired. Nothing contained in this Article 3 or elsewhere in this Guarantee or in the Guaranteed New LP Preferred Units is intended to or shall will impair, as between the a Guarantor, its creditors (other than the holders of Senior Indebtedness) Guarantor Obligations), and the Holders, the obligation of the such Guarantor, which is absolute and unconditional, to pay to the Holders the Senior Guaranteed Preferred Share Unit Obligations in accordance herewith, as and when the same shall will become due and payable in accordance with this Guarantee, or affect the relative rights of the Holders and creditors of the such Guarantor other than the holders of the Senior IndebtednessGuarantor Obligations; nor shall will anything herein or therein prevent the Security Trustee New LP or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Guarantee, subject to the rights, if any, under this Article 3 of the holders of Senior Indebtedness and other Guaranteed Guarantor Obligations in respect of cash, property or securities of the a Guarantor that are received upon the exercise of any such remedyremedy and the provisions of this Guarantee.

Obligation to Pay Not Impaired. Nothing contained in this Article 3 or elsewhere in this Guarantee is intended to or shall impair, as between the Guarantor, its creditors (other than the holders of Senior Indebtedness) Guarantor Obligations), and the Holders, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders the Senior Preferred Share Obligations in accordance herewith, as and when the same shall become due and payable in accordance with this Guarantee, or affect the relative rights of the Holders and creditors of the Guarantor (other than the holders of the Senior IndebtednessGuarantor Obligations and Pari Passu Guarantor Obligations); nor shall anything herein or therein prevent the Security Trustee or any the Holder from exercising all remedies otherwise permitted by applicable law upon default under this Guarantee, subject to the rights, if any, under this Article 3 of the holders of Senior Indebtedness and other Guaranteed Guarantor Obligations or Pari Passu Guarantor Obligations in respect of cash, property or securities of the Guarantor that are received upon the exercise of any such remedy.

Obligation to Pay Not Impaired. Nothing contained in this Article 3 or elsewhere in this Guarantee or in the terms of the Preferred Units is intended to or shall impair, as between the Guarantor, its creditors (other than the holders of Senior Indebtedness) ), and the HoldersInvestor, the obligation of the Guarantor, which is absolute and unconditional, to pay to Investor the Holders the Senior Preferred Share Guaranteed Obligations in accordance herewith, as and when the same shall become due and payable in accordance with this Guarantee, or affect the relative rights of the Holders Investor and creditors of the Guarantor other than the holders of the Senior IndebtednessIndebtedness and Guarantor Preferred Unit Obligations; nor shall anything herein or therein prevent the Security Trustee or any Holder Investor from exercising all remedies otherwise permitted by applicable law upon default under this Guarantee, subject to the rights, if any, under this Article 3 of the holders of Senior Indebtedness and other Guaranteed Guarantor Preferred Unit Obligations in respect of cash, property or securities of the Guarantor that are received upon the exercise of any such remedy.

Obligation to Pay Not Impaired. Nothing contained in this Article 3 or elsewhere in this Guarantee or in the Senior Preferred Shares is intended to or shall impair, as between the a Guarantor, its creditors (other than the holders of Senior Indebtedness) Guarantor Obligations of such Guarantor), and the HoldersHolders of the Senior Preferred Shares, the obligation of the such Guarantor, which is absolute and unconditional, to pay to the Holders of the Senior Preferred Shares the Senior Preferred Share Obligations in accordance herewith, as and when the same shall become due and payable in accordance with this Guarantee, or affect the relative rights of the Holders of the Senior Preferred Shares and creditors of the such Guarantor (other than the holders of the Senior IndebtednessGuarantor Obligations and Pari Passu Guarantor Obligations of such Guarantor); nor shall anything herein or therein prevent the Security Trustee or the Holder of any Holder Senior Preferred Shares from exercising all remedies otherwise permitted by applicable law upon default under this Guarantee, subject to the rights, if any, under this Article 3 of the holders of Senior Indebtedness and other Guaranteed Guarantor Obligations or Pari Passu Guarantor Obligations of such Guarantor in respect of cash, property or securities of the a Guarantor that are received upon the exercise of any such remedy.