Common use of Obligations Guaranteed Clause in Contracts

Obligations Guaranteed. Subject to the provisions of this Article II, the Guarantor hereby fully, unconditionally and irrevocably guarantees (a) to each Holder of a Senior Note authenticated and delivered by the Trustee or Authenticating Agent, (i) the full and prompt payment of the principal of, and premium, if any, and interest on, and any Redemption Price with respect to, such Senior Note, when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise in accordance with the terms of such Senior Note and the Indenture and (ii) the full and prompt payment of interest on the overdue principal and interest, if any, on such Senior Note, at the rate specified in such Senior Note and to the extent lawful and (b) to the Trustee the full and prompt payment upon written demand therefor of all amounts due to it in accordance with the terms of the Indenture (collectively the “Guaranteed Obligation”). If for any reason the Company shall fail punctually to pay any such Guaranteed Obligation, the Guarantor hereby agrees to cause any such Guaranteed Obligation to be made punctually when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise. All payments by the Guarantor hereunder shall be paid in lawful money of the United States of America. This Guarantee is unsecured and ranks equally in right of payment with all of the Guarantor’s existing and future senior indebtedness.

Obligations Guaranteed. Subject to the provisions of this Article II2, the Guarantor hereby fully, unconditionally and irrevocably guarantees (a) to each Holder of a Senior Note Security authenticated and delivered by the Trustee or Authenticating Agent, (i) the full and prompt payment of the principal of, and premium, if any, and interest on, and any Redemption Price with respect to, such Senior NoteSecurity, when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise in accordance with the terms of such Senior Note Security and the Indenture and (ii) the full and prompt payment of interest on the overdue principal and interest, if any, on such Senior NoteSecurity, at the rate specified in such Senior Note Security and to the extent lawful and (b) to the Trustee the full and prompt payment upon written demand therefor of all amounts due to it in accordance with the terms of the Indenture (collectively the “Guaranteed Obligation”). If for any reason the Company shall fail punctually to pay any such Guaranteed Obligation, the Guarantor hereby agrees to cause any such Guaranteed Obligation to be made punctually when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise. All payments by the Guarantor hereunder shall be paid in lawful money of the United States of America. This Guarantee is unsecured and ranks equally in right of payment with all of the Guarantor’s existing and future senior indebtedness.

Obligations Guaranteed. Subject To induce Lender to the provisions of this Article II, the Guarantor hereby fully, unconditionally and irrevocably guarantees (a) establish and/or continue financing arrangements with Borrower pursuant to each Holder of a Senior Note authenticated and delivered by the Trustee or Authenticating Agent, (i) the full and prompt payment of the principal of, and premium, if any, and interest on, and any Redemption Price with respect to, such Senior Note, when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise in accordance with the terms of such Senior Note and the Indenture and (ii) the full and prompt payment of interest on the overdue principal and interest, if any, on such Senior Note, at the rate specified in such Senior Note and to the extent lawful and (b) to the Trustee the full and prompt payment upon written demand therefor of all amounts due to it in accordance with the terms of the Indenture Bridge Debt Agreement referred to below, and for other good and valuable consideration, the Guarantors, intending to be legally bound, hereby absolutely and unconditionally, severally and jointly, guarantees and becomes Guarantor for the payment and performance when due (collectively at maturity, upon acceleration, or otherwise) of all of remaining Borrower Obligation to Lender of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise (including without limitation any interest and/or expenses accruing following the “Guaranteed Obligation”commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to any Borrower, whether or not a claim for post-petition interest and/or expenses is allowed or allowable in such case or proceeding). If for any reason the Company The Guarantor shall fail punctually to also pay any such Guaranteed Obligation, the Guarantor hereby agrees to cause any such Guaranteed Obligation to be made punctually when, where and or reimburse Lender as the same shall become due prevailing party on demand for all costs and payableexpenses, whether including without limitation attorneys’ fees, incurred by Agent at the stated maturity thereofany time to enforce, by accelerationprotect, call for redemption preserve, or otherwisedefend Lender’ rights hereunder and with respect to any property securing this Agreement. All payments by the Guarantor hereunder shall be paid made in lawful money of the United States of AmericaStates, in immediately available funds. This Guarantee is unsecured Unless otherwise defined herein, all capitalized terms in this Agreement shall have the respective meanings given to such terms in those certain agreements entered into concurrently among Borrowers and ranks equally in right of payment with all Lender. As there are two (2) Guarantors, the representations, covenants and liability of the Guarantor hereunder shall be joint and several under the specific timeline described herein and the term “Guarantor’s existing ” as used in this Agreement shall refer to all Guarantors collectively and future senior indebtednessto each individually, unless the context otherwise requires.

Obligations Guaranteed. Subject to the provisions of this Article II, the Guarantor hereby fully, unconditionally and irrevocably guarantees (a) to each Holder of a Senior Junior Subordinated Note authenticated and delivered by the Trustee or Authenticating Agent, (i) the full and prompt payment of the principal of, and premium, if any, and interest on, and any Redemption Price with respect to, such Senior Junior Subordinated Note, when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise in accordance with the terms of such Senior Junior Subordinated Note and the Indenture and (ii) the full and prompt payment of interest on the overdue principal and interest, if any, on such Senior Junior Subordinated Note, at the rate specified in such Senior Junior Subordinated Note and to the extent lawful and (b) to the Trustee the full and prompt payment upon written demand therefor of all amounts due to it in accordance with the terms of the Indenture (collectively the “Guaranteed Obligation”). If for any reason the Company shall fail punctually to pay any such Guaranteed Obligation, the Guarantor hereby agrees to cause any such Guaranteed Obligation to be made punctually when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise. All payments by the Guarantor hereunder shall be paid in lawful money of the United States of America. This Guarantee is unsecured and ranks equally in right of payment with all of the Guarantor’s existing and future senior indebtedness.

Obligations Guaranteed. Subject The Guarantor, subject to the provisions of this Article IIterms and conditions set forth in the Applicable Indenture, the Guarantor hereby fullyunconditionally guarantees, unconditionally and irrevocably guarantees on an unsecured basis, (a) to each Holder of a Senior Note an Applicable Security authenticated and delivered by the Trustee or Authenticating AgentAgent in accordance with the terms of the Applicable Indenture, (i) the full and prompt payment of the principal of, and premium, if any, of and interest onon such Applicable Security, and any Redemption Price with respect to, such Senior Note, when, where when and as the same shall become due and payable, whether at the stated maturity Stated Maturity thereof, by accelerationacceleration or otherwise, call for redemption or otherwise all in accordance with the terms of such Senior Note Applicable Security and the Indenture and Applicable Indenture, (ii) the full and prompt payment of interest on the overdue principal and interest, if any, on such Senior NoteApplicable Security, at the rate specified in such Senior Note and the Applicable Indenture but only to the extent lawful and (iii) the performance of all other obligations of the Company to such Holder under such Applicable Security and the Applicable Indenture; and (b) to the Trustee the full and prompt payment upon written demand therefor of all amounts due to it in accordance with the terms of the Indenture (collectively the “Guaranteed Obligation”)Applicable Indenture. If for any reason the Company shall fail punctually to pay any such Guaranteed Obligationprincipal or interest, the Guarantor hereby agrees to cause any such Guaranteed Obligation payment to be made punctually when, where when and as the same shall become due and payable, whether at the stated maturity Stated Maturity thereof, by acceleration, call for redemption acceleration or otherwise. All payments by the Guarantor hereunder shall be paid made in lawful money of the United States of America. This Guarantee is unsecured and ranks equally in right of payment with all of the Guarantor’s existing and future senior indebtednessDollars.

Obligations Guaranteed. Subject to the provisions of this Article II, the The Guarantor hereby fully, unconditionally and irrevocably guarantees (a) to each Holder of a Senior Note Security authenticated and delivered by the Trustee or Authenticating Agent, (i) the full and prompt payment of the principal of, and premium, if any, and interest on, and any Redemption Price with respect to, such Senior NoteSecurity, when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise in accordance with the terms of such Senior Note Security and the Indenture and (ii) the full and prompt payment of interest on the overdue principal and interest, if any, on such Senior NoteSecurity, at the rate specified in such Senior Note security and to the extent lawful and (b) to the Trustee the full and prompt payment upon written demand therefor of all amounts due to it in accordance with the terms of the Indenture (collectively collectively, the “Guaranteed ObligationObligations”). If for any reason the Company shall fail punctually to pay any such Guaranteed Obligation, the Guarantor hereby agrees to cause any such Guaranteed Obligation to be made punctually when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise. All payments by the Guarantor hereunder shall be paid in lawful money of the United States of America. This Guarantee is unsecured and ranks equally in right of payment with all of the Guarantor’s existing and future senior indebtedness.

Obligations Guaranteed. Subject to the provisions of this Article II, the Guarantor hereby fully, irrevocably and unconditionally and irrevocably guarantees (a) to each Holder of a Senior Note authenticated and delivered by the Trustee or Authenticating Agent, (i) Owner the full and prompt payment when due of all rent, addition­al rent and other charges, costs, expenses and damages arising under the Lease and the prompt performance, compliance and observance of all of the principal ofother terms, covenants, conditions and premiumagreements set forth in the Lease on the part of the Assignor (as prior tenant and not released under the Lease by the Consent Agreement) and Assignee, if anyas Tenant thereunder, to be fulfilled, kept, observed and interest onperformed, or in any other agreement between Owner and any Redemption Price with respect toTenant, such Senior Noteor among Owner, when, where Tenant and Assignor; as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise in accordance with the terms of such Senior Note and the Indenture and (ii) well as the full and lien-free completion of all of Assignor’s and Tenant's alterations and improve­ments to the Premises; as well as the prompt payment of interest on all reasonable attorneys' fees and court costs suffered or incurred by Owner arising out of default by Tenant under the overdue principal Lease or in connection with the enforcement of this Guaranty and interest, if any, on such Senior Note, at collection of the rate specified in such Senior Note and to the extent lawful and (b) to the Trustee the full and prompt payment upon written demand therefor of all amounts due to it in accordance with the terms hereunder (all of the Indenture (collectively foregoing being collec­tively referred to as the “Guaranteed Obligation”"Liabili­ties"). If for any reason the Company shall fail punctually to pay any such Guaranteed Obligation, the Guarantor hereby agrees to cause any such Guaranteed Obligation Any payments required to be made punctually when, where and as the same shall become due and payable, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise. All payments by the Guarantor hereunder shall be paid upon demand in the lawful money of the United States of America. This Guarantee is unsecured Guarantor further agrees that this Guaranty consti­tutes an absolute, unconditional, present and ranks equally in right continuing guarantee of payment with all and not of collection, and waives any right to require that any resort be had by Owner to: (i) Owner's rights against any other person in­clud­ing Tenant, or any other guarantor; or (ii) any other right or remedy available to Owner by contract, applicable law or otherwise It is the Guarantor’s existing intent of this Guaranty that Owner shall have resort to Guarantor without resorting to any remedy and future senior indebtednesswithout demand to it.