Common use of Obligations of Company Unconditional Clause in Contracts

Obligations of Company Unconditional. Nothing contained in this Article XII or elsewhere in this Indenture or in any Security is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms or is intended to nor shall affect the relative rights of the Holders and creditors of the Company other than the holders of 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 XII of the holders of such Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. The failure to make a payment on account of principal of, premium, if any, or interest on the Securities by reason of any provision of this Article XII shall not be construed as preventing the occurrence of an Event of Default under Section 6.01.

Appears in 14 contracts

Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Northwest Biotherapeutics Inc), Indenture (Kingold Jewelry, Inc.)

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Obligations of Company Unconditional. Nothing contained in this Article XII or elsewhere in this Indenture or in any Security is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms or is intended to nor shall affect the relative rights of the Holders and creditors of the Company other than the holders of 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 XII of the holders of such Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. The failure to make a payment on account of principal of, premium, if any, or interest on the Securities by reason of any provision of this Article XII shall not be construed as preventing the occurrence of an Event of Default under Section 6.016.1.

Appears in 3 contracts

Samples: Subordinated Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc)

Obligations of Company Unconditional. Nothing contained in this Article XII Section 8 or elsewhere in this Indenture Agreement or in any Security the Note is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, to pay to the Holders the principal of, of (premium, if any), and interest on on, the Securities Note as and when the same shall become due and payable in accordance with their terms terms, or is intended to nor or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default or Event of Default under this IndentureAgreement, subject to the rights, if any, under this Article XII Section 8 of the holders of such Senior Indebtedness Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy. The failure to make a payment on account of principal of, premium, if any, or interest on on, the Securities Note by reason of any provision of this Article XII Section 8 shall not be construed as preventing the occurrence of a Default or an Event of Default under Section 6.01hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Select Comfort Corp), Securities Purchase Agreement (Thermoview Industries Inc)

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Obligations of Company Unconditional. Nothing contained in this Article XII Eleven or elsewhere in this Indenture or in any Security Note is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, unconditional to pay to the Holders the principal of, premium, if any, and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms terms, or is intended to nor or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, 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 XII Eleven of the holders of such Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. The failure to make a payment on account of principal of, premium, if any, or interest on on, the Securities Notes by reason of any provision of this Article XII Eleven shall not be construed as preventing the occurrence of an Event of Default under Section 6.016.1.

Appears in 1 contract

Samples: Indenture (Metrocall Inc)

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