Common use of Obligations Absolute and Unconditional Clause in Contracts

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be a complete, present and continuing joint and several obligation of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate agrees that its obligations under this Section 24 shall be joint and several with any and any other Guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate agrees that the US Obligor Affiliate Obligations in this Section 24 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, and Holdings, the Company and each US Obligor Affiliate hereby waives the right to require any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note or this Agreement, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor Affiliate’s obligations under this Section 24, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, the Company’s or US Obligor Affiliates’ obligations under this Section 24 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer under a Note or this Agreement or by reason of the EUR Issuer’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR Issuer. This joint and several obligation shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or this Agreement is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreement

Appears in 2 contracts

Samples: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)

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Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be a complete, present and continuing joint and several obligation of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate agrees that its obligations under this Section 24 shall be joint and several with any and any other Guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate agrees that the US Obligor Affiliate Obligations in this Section 24 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, and Holdings, the Company and each US Obligor Affiliate hereby waives the right to require any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer Issuers or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note or this Agreement, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor Affiliate’s obligations under this Section 24, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, the Company’s or US Obligor Affiliates’ obligations under this Section 24 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer Issuers under a Note or this Agreement or by reason of the EUR any Issuer’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR any Issuer. This joint and several obligation shall continue to be effective and be deemed to have continued in Lineage Logistics, LLC Note Purchase Agreement existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or this Agreement is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreement.

Appears in 2 contracts

Samples: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate Parent Guarantor under this Section 24 23 shall be a complete, present and continuing joint and several obligation guaranty of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that its obligations under this Section 24 hereunder shall be joint and several with any and any all other Guarantees guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that the US Obligor Affiliate Obligations guaranty in this Section 24 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and Holdings, the Company and each US Obligor Affiliate Parent Guarantor hereby waives the right to require the any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer Company or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note Note, this Agreement or this Agreementany Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall Terreno Realty LLC Agreement Note Purchase not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor AffiliateParent Guarantor’s obligations under this Section 2423, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate Parent Guarantor that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, Neither the CompanyParent Guarantor’s or US Obligor Affiliates’ obligations under this Section 24 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer Company under a Note or Note, this Agreement or any Subsidiary Guaranty or by reason of the EUR IssuerCompany’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR IssuerCompany. This joint and several obligation guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreementthis guaranty.

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate Parent Guarantor under this Section 24 23 shall be a complete, present and continuing joint and several obligation guaranty of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that its obligations under this Section 24 hereunder shall be joint and several with any and any all other Guarantees guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that the US Obligor Affiliate Obligations guaranty in this Section 24 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and Holdings, the Company and each US Obligor Affiliate Parent Guarantor hereby waives the right to require the any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer Company or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note Note, this Agreement or this Agreementany Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor AffiliateParent Guarantor’s obligations under this Section 2423, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate Parent Guarantor that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, Neither the CompanyParent Guarantor’s or US Obligor Affiliates’ obligations under this Section 24 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer Company under a Note or Note, this Agreement or any Subsidiary Guaranty or by reason of the EUR IssuerCompany’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR IssuerCompany. This joint and several obligation guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligationsthis guaranty. Lineage Logistics Terreno Realty LLC Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate Parent Guarantor under this Section 24 23 shall be a complete, present and continuing joint and several obligation guaranty of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that its obligations under this Section 24 hereunder shall be joint and several with any and any all other Guarantees guarantees given in connection with Terreno Realty LLC Note Purchase Agreement this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that the US Obligor Affiliate Obligations guaranty in this Section 24 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and Holdings, the Company and each US Obligor Affiliate Parent Guarantor hereby waives the right to require the any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer Company or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law Law and/or in equity or under a Note Note, this Agreement or this Agreementany Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor AffiliateParent Guarantor’s obligations under this Section 2423, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate Parent Guarantor that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, Neither the CompanyParent Guarantor’s or US Obligor Affiliates’ obligations under this Section 24 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer Company under a Note or Note, this Agreement or any Subsidiary Guaranty or by reason of the EUR IssuerCompany’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR IssuerCompany. This joint and several obligation guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreementthis guaranty.

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate Parent Guarantor under this Section 24 23 shall be a complete, present and continuing joint and several obligation guaranty of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that its obligations under this Section 24 hereunder shall be joint and several with any and any all other Guarantees guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that the US Obligor Affiliate Obligations guaranty in this Section 24 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and Holdings, the Company and each US Obligor Affiliate Parent Guarantor hereby waives the right to require the any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer Company or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law Law and/or in equity or under a Note Note, this Agreement or this Agreementany Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor AffiliateParent Guarantor’s obligations under this Section 2423, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate Parent Guarantor that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, Neither the CompanyParent Guarantor’s or US Obligor Affiliates’ obligations under this Section 24 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer Company under a Note or Note, this Agreement or any Subsidiary Guaranty or by reason of the EUR IssuerCompany’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR IssuerCompany. This joint and several obligation guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreementthis guaranty.

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate Parent Guarantor under this Section 24 23 shall be a complete, present and continuing joint and several obligation guaranty of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that its obligations under this Section 24 hereunder shall be joint and several with any and any all other Guarantees guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that the US Obligor Affiliate Obligations guaranty in this Section 24 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and Holdings, the Company and each US Obligor Affiliate Parent Guarantor hereby waives the right to require the any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer Company or to pursue any other remedy or enforce Terreno Realty LLC Agreement Note Purchase any other right. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note Note, this Agreement or this Agreementany Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor AffiliateParent Guarantor’s obligations under this Section 2423, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate Parent Guarantor that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, Neither the CompanyParent Guarantor’s or US Obligor Affiliates’ obligations under this Section 24 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer Company under a Note or Note, this Agreement or any Subsidiary Guaranty or by reason of the EUR IssuerCompany’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR IssuerCompany. This joint and several obligation guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreementthis guaranty.

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

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Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate Parent Guarantor under this Section 24 23 shall be a complete, present and continuing joint and several obligation guaranty of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that its obligations under this Section 24 hereunder shall be joint and several with any and any all other Guarantees guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor agrees that the US Obligor Affiliate Obligations guaranty in this Section 24 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and Holdings, the Company and each US Obligor Affiliate Parent Guarantor hereby waives the right to require the any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action Terreno Realty LLC Note Purchase Agreement against or obtain any judgment against the EUR Issuer Company or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note Note, this Agreement or this Agreementany Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor AffiliateParent Guarantor’s obligations under this Section 2423, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate Parent Guarantor that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, Neither the CompanyParent Guarantor’s or US Obligor Affiliates’ obligations under this Section 24 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer Company under a Note or Note, this Agreement or any Subsidiary Guaranty or by reason of the EUR IssuerCompany’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR IssuerCompany. This joint and several obligation guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreementthis guaranty.

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be a complete, present and continuing joint and several obligation of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate agrees that its obligations under this Section 24 shall be joint and several with any and any other Guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate agrees that the US Obligor Affiliate Obligations in this Section 24 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, and Holdings, the Company and each US Obligor Affiliate hereby waives the right to require any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer Issuers or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note or this Agreement, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor Affiliate’s obligations under this Section 24, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, the Company’s or US Obligor Affiliates’ obligations under this Section 24 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer Issuers under a Note or this Agreement or by reason of the EUR any Issuer’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR any Issuer. This joint and several obligation shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or this Agreement is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Lineage, Inc.)

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be a complete, present and continuing joint and several obligation of payment and performance and not just of collection. Holdings, the Company and each US Obligor Affiliate agrees that its obligations under this Section 24 shall be joint and several with any and any other Guarantees given in connection with this Agreement and the Notes from time to time. Holdings, the Company and each US Obligor Affiliate agrees that the US Obligor Affiliate Obligations in this Section 24 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, and Holdings, the Company and each US Obligor Affiliate hereby waives the right to require any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action against or obtain any judgment against the EUR Issuer or to pursue any other remedy or enforce any other right. Holdings, the Company and each US Obligor Affiliate further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note or this Agreement, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Company’s or such US Obligor Affiliate’s obligations under Lineage Logistics Note Purchase Agreement this Section 24, it being the purpose and intent of Holdings, the Company and each US Obligor Affiliate that the obligations of Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be absolute, independent and unconditional under any and all circumstances whatsoever. None of Holdings’s, the Company’s or US Obligor Affiliates’ obligations under this Section 24 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer under a Note or this Agreement or by reason of the EUR Issuer’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR Issuer. This joint and several obligation shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note or this Agreement is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. Lineage Logistics Note Purchase Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Lineage, Inc.)

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