Common use of Obligations of each Guarantor Unconditional Clause in Contracts

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 or elsewhere in this Indenture or in any Note is intended to or shall impair, as between each Guarantor and the Holders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest on the Notes as and when the same shall become due and payable in accordance with the provisions of their Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 6, the Trustee, subject to the provisions of Article 7, and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to such Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 6.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 or elsewhere in this Indenture or in any Note is intended to or shall impair, as between each Guarantor and the Holders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest and Additional Interest, if any, on the Notes as and when the same shall become due and payable in accordance with the provisions of their Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 6, 6 the Trustee, subject to the provisions of Article 7, and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to such Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 6.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 or elsewhere in this Indenture or in any Note is intended to or shall impair, as between each Guarantor and the Holders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders the principal of, premiumof and interest and Liquidated Damages, if any, and interest on the Notes as and when the same shall become due and payable in accordance with the provisions of their the Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantorthe Issuer, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 6, the Trustee, subject to the provisions of Article 7, and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to such Holders the Holders, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 6.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 or elsewhere in this Indenture or in any Note is intended to or shall impair, as between each Guarantor and the Holders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest and Additional Interest, if any, on the Notes as and when the same shall become due and payable in accordance with the provisions of their Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Senior Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 6, 6 the Senior Trustee, subject to the provisions of Article 7, and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Senior Trustee or to such Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 6.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 14 or elsewhere in this Indenture or in any Note Security is intended to or shall impair, as between each a Guarantor and the Holders, the obligations of such Guarantor Guarantor, which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, of and interest on the Notes Securities as and when the same shall become due and payable in accordance with the provisions of their this Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of a Guarantor other than the holders of the Senior Debt of such Guarantor, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture Indenture, subject to the rights, if any, under this Article 14 of the holders of Senior Debt of a Guarantor in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 614, the Trustee, subject to the provisions of Article 7Sections 6.1 and 6.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to such the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness of such each Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 614.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 or elsewhere in this Indenture or in any Note is intended to or shall impair, as between each Guarantor and the Holders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders the principal of, premiumof and interest and Additional Interest, if any, and interest on the Notes as and when the same shall become due and payable in accordance with the provisions of their the Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantorthe Issuer, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 6, the Trustee, subject to the provisions of Article 7, and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to such Holders the Holders, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 6.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 14 or elsewhere in this Indenture or in any Note Security is intended to or shall impair, as between each a Guarantor and the Holders, the obligations of such Guarantor the Guarantor, which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, of and interest on the Notes Securities as and when the same shall become due and payable in accordance with the provisions of their this Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of a Guarantor other than the holders of the Senior Debt of such Guarantor, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture Indenture, subject to the rights, if any, under this Article 14 of the holders of Senior Debt of a Guarantor in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 614, the Trustee, subject to the provisions of Article 7Sections 6.1 and 6.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to such the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness of such each Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 614.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 X or elsewhere in this Indenture Agreement or in any Note other Loan Document is intended to or shall impair, as between each Guarantor and the HoldersLenders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders Lenders the principal of, premium, if any, and interest on the Notes Loans as and when the same shall become due and payable in accordance with the provisions of their Guarantee or is intended to or shall affect the relative rights of the Holders Lenders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee Administrative Agent or any Holder Lender from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture Agreement in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 6X, the TrusteeAdministrative Agent, subject to the provisions of Article 7VIII, and the Holders Lenders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee Administrative Agent or to such Holders Lenders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 6.X.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 5 or elsewhere in this the Indenture or in any Note is intended to or shall impair, as between each Guarantor and the Holders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, of and interest on the Notes (including, without limitation, Installment Payments and the Repurchase Price of any Notes payable pursuant to Article 11, if applicable) as and when the same shall become due and payable in accordance with the provisions of their the Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantorthe Issuer, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this the Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 65, the Trustee, subject to the provisions of Article 7, Trustee and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to such Holders the Holders, for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 65.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 or elsewhere in this Indenture or in any Note is intended to or shall impair, as between each Guarantor and the Holders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest and Additional Interest, if any, on the Notes as and when the same shall become due and payable in accordance with the provisions of their Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 6, the Trustee, subject to the provisions of Article 7, and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to such Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 6.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 5 or elsewhere in this the Indenture or in any Amortizing Note is intended to or shall impair, as between each any Guarantor and the Holders, the obligations of such Guarantor Guarantor, which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, of and interest on the Amortizing Notes (including, without limitation, Installment Payments and the Repurchase Price of any Amortizing Notes payable pursuant to Article 9, if applicable) as and when the same shall become due and payable and to satisfy all other obligations hereunder when the same shall be required to be satisfied, in each case, in accordance with the provisions of their the Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Event of Default under this the Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 65, the Trustee, subject to the provisions of Article 7, Trustee and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to such Holders the Holders, for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 65.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 13 or elsewhere in this Indenture or in any Note is intended to or shall impair, as between each Guarantor and the Holders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders the principal of, premiumthe Change of Control Repurchase Price, if anyapplicable, and interest on the Notes as and when the same shall become due and payable in accordance with the provisions of their Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Default under this Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 613, the Trustee, subject to the provisions of Article 7, and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to such Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 613.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 10 or elsewhere in this the Indenture or in any Exchangeable Note is intended to or shall impair, as between each any Guarantor and the Holders, the obligations of such Guarantor Guarantor, which are absolute and unconditional, to pay to the Holders the principal ofof the Notes (including, premiumwithout limitation, the Fundamental Change Repurchase Price of any Exchangeable Notes payable pursuant to Article 9, if anyapplicable), and interest on the Notes as and when the same shall become due and payable and to satisfy the Exchange Obligation and other obligations hereunder when the same shall be required to be satisfied, in each case, in accordance with the provisions of their the Guarantee or is intended to or shall affect the relative rights of the Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon any Event of Default under this the Indenture in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. Upon any distribution of assets of a Guarantor referred to in this Article 610, the Trustee, subject to the provisions of Article 7, Trustee and the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to such Holders the Holders, for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 610.

Obligations of each Guarantor Unconditional. Nothing contained in this Article 6 X or elsewhere in this Indenture Agreement or in any Note other Loan Document is intended to or shall impair, as between each Guarantor and the HoldersLenders, the obligations of such Guarantor which are absolute and unconditional, to pay to the Holders Lenders the principal of, premium, if any, and interest on the Notes Loans as and when the same shall become due and payable in accordance with the provisions of their Guarantee or is intended to or shall affect the relative rights of the Holders Lenders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee Administrative Agent or any Holder Lender from exercising all remedies otherwise permitted by applicable law Law upon any Default under this Indenture Agreement in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy. 116 Upon any distribution of assets of a Guarantor referred to in this Article 6X, the TrusteeAdministrative Agent, subject to the provisions of Article 7VIII, and the Holders Lenders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee Administrative Agent or to such Holders Lenders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 6.X.