Common use of Obligations of Each Subsidiary Guarantor Unconditional Clause in Contracts

Obligations of Each Subsidiary Guarantor Unconditional. Nothing contained in this Article VIII or elsewhere in this First Supplemental Indenture or in the Notes or the Subsidiary Guarantees is intended to or shall impair, as among any Subsidiary Guarantor, its creditors, and the Holders of the Notes, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and any interest on the Notes as and when the same shall become due and payable in accordance with the terms of the Subsidiary Guarantees, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of any Subsidiary Guarantor, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this First Supplemental Indenture, subject to the rights, if any, in respect of cash, property or securities of any Subsidiary Guarantor received upon the exercise of such remedy.

Appears in 3 contracts

Samples: Indenture (NVR Inc), First Supplemental Indenture (NVR Inc), NVR Inc

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Obligations of Each Subsidiary Guarantor Unconditional. Nothing contained in this Article VIII XII or elsewhere in this First Supplemental Indenture or in the Notes or the Subsidiary Guarantees is intended to or shall impair, as among any Subsidiary Guarantor, its creditorscreditors other than the holders of Guarantor Senior Indebtedness, and the Holders of the Notes, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and any interest on the Notes as and when the same shall become due and payable in accordance with the terms of the Subsidiary Guarantees, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of any Subsidiary GuarantorGuarantor other than the holders of Guarantor Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this First Supplemental Indenture, subject to the rights, if any, in respect of cash, property or securities of any Subsidiary Guarantor received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Supplemental Indenture (Everest One Ipa Inc)

Obligations of Each Subsidiary Guarantor Unconditional. Nothing contained in this Article VIII XII or elsewhere in this First Supplemental Indenture or in the Notes or the Subsidiary Note Guarantees is intended to or shall impair, as among any Subsidiary Guarantor, its creditorscreditors other than the holders of Guarantor Senior Indebtedness, and the Holders of the Notes, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and any interest on the Notes as and when the same shall become due and payable in accordance with the terms of the Subsidiary Note Guarantees, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of any Subsidiary GuarantorGuarantor other than the holders of Guarantor Senior Indebtedness, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this First Supplemental Indenture, subject to the rights, if any, in respect of cash, property or securities of any Subsidiary Guarantor received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Supplemental Indenture (PSS Holding Inc)

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Obligations of Each Subsidiary Guarantor Unconditional. Nothing contained in this Article VIII XII or elsewhere in this First Supplemental Indenture or in the Notes or the Subsidiary Guarantees is intended to or shall impair, as among any Subsidiary Guarantor, its creditors, Guarantor and the Holders of the Notes, the obligation of such Subsidiary Guarantor, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and any interest on the Notes as and when the same shall become due and payable in accordance with the terms of the Subsidiary Guarantees, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of any Subsidiary GuarantorGuarantor other than the holders of Guarantor Senior Debt, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this First Supplemental Indenture, subject to the rights, if any, in respect of cash, property or securities of any Subsidiary Guarantor received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Hanger Orthopedic Group Inc

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