Common use of Obligations of Guarantor Unconditional Clause in Contracts

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Guarantors and the Holders, the obligation of such Guarantors, which is absolute and unconditional, to pay to the Holders all obligations arising under the Securities Guarantees as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Guarantors other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holders or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen of the holders of the Guarantor Senior Debt. (b) Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will restrict the right of the Trustee or the Holders to take any action to declare the Securities to be due and payable prior to their Stated Maturity pursuant to Section 5.2 of this Indenture or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from any Guarantor with respect to its Securities Guarantee.

Appears in 9 contracts

Samples: Indenture (Just Energy Group Inc.), Indenture (Sanchez Production Partners LP), Indenture (Newpark Resources Inc)

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Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen 12 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Guarantors between any Guarantor and the HoldersHolders of the Securities, the obligation of such GuarantorsGuarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of Senior Debt of the Guarantor Senior DebtGuarantors, nor shall anything herein or therein prevent the Holders Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen 12 of the holders of Senior Debt of the Guarantor Senior Debt. (b) Guarantors in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will 12 shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt of any Guarantor then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from any such Guarantor with respect of principal of or interest on the Securities pursuant to its Securities such Guarantor’s Guarantee.

Appears in 5 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Guarantors and the Holders, the obligation of such Guarantors, which is absolute and unconditional, to pay to the Holders all obligations arising under the Securities Guarantees as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Guarantors other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holders or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen of the holders of the Guarantor Senior Debt. (b) Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will restrict the right of the Trustee or the Holders to take any action to declare the Securities to be due and payable prior to their Stated Maturity pursuant to Section 5.2 5.1 of this Indenture or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from any Guarantor with respect to its Securities Guaranteeon the Securities.

Appears in 2 contracts

Samples: Indenture (DEP Operating Partnership, L.P.), Indenture (Constellation Energy Partners LLC)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Twelve or elsewhere in this Indenture or in the Securities or the Guarantee is intended to or shall impair, as among between the Guarantors Guarantor and the HoldersHolders of the Securities, the obligation of such Guarantorsthe Guarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of and premium, if any, or interest and Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of the Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors Guarantor other than the holders of the Guarantor Senior DebtIndebtedness, nor shall anything herein or therein prevent the Holders Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen Twelve of the holders of Guarantor Senior Indebtedness in respect of cash, property or securities of the Guarantor Senior Debt. (b) received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will Twelve shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt Indebtedness of the Guarantor then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from any such Guarantor with respect of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Securities pursuant to its Securities such Guarantor's Guarantee.

Appears in 1 contract

Samples: Indenture (Fedders North America Inc)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Twelve or elsewhere in this Indenture or in the Securities or the Guarantees is intended to or shall impair, as among the Guarantors between any Guarantor and the HoldersHolders of the Securities, the obligation of such GuarantorsGuarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of and premium, if any, or interest and Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holders Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen Twelve of the holders of the Guarantor Senior Debt. (b) Debt in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will Twelve shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt of any Guarantor then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from any such Guarantor with respect of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Securities pursuant to its Securities such Guarantor's Guarantee.

Appears in 1 contract

Samples: Indenture (Autotote Corp)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen IV or elsewhere in this Indenture or in the Securities Guaranty is intended to or shall impair, as among between Guarantor and its creditors, other than the Guarantors and the Holdersholders of its Senior Indebtedness, the obligation obligations of such GuarantorsGuarantor, which is are absolute and unconditional, to pay to the Holders all obligations arising under Noteholders the Securities Guarantees Subordinated Indebtedness as and when the same Subordinated Indebtedness shall become due and payable in accordance with their termsthe terms of this Guaranty, or is intended to or shall affect the relative rights of the Holders Noteholders and creditors of the Guarantors Guarantor other than the holders of the Guarantor its Senior DebtIndebtedness, nor nor, except as otherwise expressly provided in this Article IV shall anything herein or therein prevent the Holders or the Trustee on their behalf any Noteholder from exercising all remedies otherwise permitted by applicable law upon default the happening of an Event of Default under this Indenturethe Note Agreement, subject to the rights, if any, under this Article Sixteen IV of the holders of the Guarantor Senior Debt. (b) Without limiting the generality of the foregoing, nothing Indebtedness. Nothing contained in this Article Sixteen will restrict IV or elsewhere in this Guaranty shall, except during the right pendency of any dissolution, winding-up, liquidation, reorganization, recapitalization or readjustment of Guarantor, affect the obligation of Guarantor to make, or prevent Guarantor from making at any time (except under the circumstances described under Sections 4.2 and 4.3) payment of the Trustee or the Holders to take any action to declare the Securities to be due and payable prior to their Stated Maturity pursuant to Section 5.2 of this Indenture or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from any Guarantor with respect to its Securities GuaranteeSubordinated Indebtedness.

Appears in 1 contract

Samples: Guaranty Agreement (Sanfilippo John B & Son Inc)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen or elsewhere in this Indenture or in the Securities or any Guarantee is intended to or shall impair, as among the Guarantors any Guarantor and the HoldersHolders of the Securities, the obligation of such GuarantorsGuarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holders Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen of the holders of the Guarantor Senior Debt. (b) Debt in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from any Guarantor with respect of principal of or interest on the Securities pursuant to its Securities Guarantee.

Appears in 1 contract

Samples: Indenture (Euramax International PLC)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen IV or elsewhere in this Third Supplemental Indenture, the Indenture or in the Securities is intended to or shall impair, impair as among the Guarantors between Guarantor and the Holders, the obligation of each such GuarantorsPerson (in the case of Guarantor, to the extent specified in this Third Supplemental Indenture), which is absolute and unconditional, to pay to the Holders all obligations arising under the principal of, premium, if any, and interest on, the Securities Guarantees as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Guarantors Guarantor other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holders Trustee or the Trustee on their behalf any Holder from exercising all remedies otherwise permitted by applicable law upon default under this the Indenture, subject to the rights, if any, under this Article Sixteen IV, of the holders of Guarantor Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article IV or elsewhere in the Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article IV, the Trustee, subject to the provisions of Sections 7.1 and 7.2 of the Indenture, 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 the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Guarantor Senior Debt. (b) Without limiting Debt and other Indebtedness of Guarantor, the generality amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article IV so long as such court has been apprised of the foregoingprovisions of, nothing contained or the order, decree or certificate makes reference to, the provisions of this Article IV. Nothing in this Article Sixteen will restrict Section 4.5 shall apply to the right of claims of, or payments to, the Trustee under or the Holders to take any action to declare the Securities to be due and payable prior to their Stated Maturity pursuant to Section 5.2 7.7 of this the Indenture or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from any Guarantor with respect to otherwise for its Securities Guaranteeown benefit.

Appears in 1 contract

Samples: Third Supplemental Indenture (Arris Group Inc)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Twelve or elsewhere in this Indenture or in the Securities or the Guarantees is intended to or shall impair, as among the Guarantors between any Guarantor and the Holdersholders of the Securities, the obligation of such GuarantorsGuarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under holders of the Securities Guarantees the principal of and premium, if any, or interest and Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of the Guarantee, or is intended to or shall affect the relative rights of the Holders holders of the Securities and creditors of the Guarantors such Guarantor other than the holders of the Guarantor Senior DebtIndebtedness of such Guarantor, nor shall anything herein or therein prevent the Holders holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen Twelve of the holders of Senior Indebtedness of such Guarantor in respect of cash, property or securities of any Guarantor received upon the Guarantor Senior Debt. (b) exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will Twelve shall restrict the right of the Trustee or the Holders holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness of any Guarantor Senior Debt then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from any such Guarantor with respect of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Securities pursuant to its Securities such Guarantor's Guarantee.

Appears in 1 contract

Samples: Indenture (Carson Products Co)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Twelve or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as among the Guarantors and the Holders, the obligation of such Guarantors, which is absolute and unconditional, to pay to the Holders all obligations arising under the Securities Note Guarantees as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Guarantors other than the holders of the Guarantor Senior DebtIndebtedness, nor shall anything herein or therein prevent the Holders or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen Twelve of the holders of the Guarantor Senior DebtIndebtedness. (b) Without limiting the generality of the foregoing, nothing contained in this Article Sixteen Twelve will restrict the right of the Trustee or the Holders to take any action to declare the Securities Notes to be due and payable prior to their Stated Maturity pursuant to Section 5.2 6.01 of this Indenture or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt Indebtedness then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from any Guarantor with respect to its Securities Guaranteeof Guarantor Senior Subordinated Obligations.

Appears in 1 contract

Samples: Indenture (Servico Market Center Inc)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Ten or elsewhere in this Indenture Note Agreement or in the Securities or the Guarantees is intended to or shall impair, as among the Guarantors between any Guarantor and the HoldersHolders of the Securities, the obligation of such GuarantorsGuarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of, or premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holders or the Trustee on their behalf Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this IndentureNote Agreement, subject to the rights, if any, under this Article Sixteen Ten of the holders of the Guarantor Senior Debt. (b) Debt in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will Ten shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt of any Guarantor then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders or of the Trustee Securities are entitled to receive any direct or indirect payment from any such Guarantor with respect of principal of, or premium, if any, and interest on the Securities pursuant to its Securities such Guarantor’s Guarantee.

Appears in 1 contract

Samples: Note Agreement (Casual Male Retail Group Inc)

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Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Twelve or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Guarantors between any Guarantor and the HoldersHolders of the Securities, the obligation of such GuarantorsGuarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holders Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen Twelve of the holders of the Guarantor Senior Debt. (b) Debt in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will Twelve shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt of any Guarantor then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from any such Guarantor with respect of principal of or interest on the Securities pursuant to its Securities such Guarantor's Guarantee.

Appears in 1 contract

Samples: Indenture (Scientific Games Corp)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Ten or elsewhere in this Indenture Note Agreement or in the Securities or the Guarantees is intended to or shall impair, as among the Guarantors between any Guarantor and the HoldersHolders of the Securities, the obligation of such GuarantorsGuarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of, or premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holders or the Trustee on their behalf Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this IndentureNote Agreement, subject to the rights, if any, under this Article Sixteen Ten of the holders of the Guarantor Senior Debt. (b) Debt in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will Ten shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; providedPROVIDED, howeverHOWEVER, that all Guarantor Senior Debt of any Guarantor then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders or of the Trustee Securities are entitled to receive any direct or indirect payment from any such Guarantor with respect of principal of, or premium, if any, and interest on the Securities pursuant to its Securities such Guarantor's Guarantee.

Appears in 1 contract

Samples: Note Agreement (Designs Inc)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen 15 or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as among the Guarantors a Guarantor and the Holders, the obligation of such GuarantorsGuarantor, which is absolute and unconditional, to pay to fulfill its Obligations on the Holders all obligations arising under the Securities Guarantees Note Guarantee 110 as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Guarantors such Guarantor other than the holders of the such Guarantor Senior DebtIndebtedness, nor shall anything herein or therein prevent the Holders or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen 15 of the holders of the such Guarantor Senior DebtIndebtedness. (b) Without limiting the generality of the foregoing, nothing contained in this Article Sixteen 15 will restrict the right of the Trustee or the Holders to take any action to declare the Securities Notes to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 6.01 of this Indenture or to pursue any rights or remedies hereunder; providedPROVIDED, howeverHOWEVER, that all Guarantor Senior Debt Indebtedness then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalentscash, before the Holders or the Trustee on behalf of the Holders are entitled to receive any direct or indirect payment from any such Guarantor with respect to its Securities of Obligations on such Note Guarantee.

Appears in 1 contract

Samples: Indenture (Protection One Alarm Monitoring Inc)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Eleven or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as among the Guarantors Guarantor and the Holders, the obligation of such Guarantorsthe Guarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under the Securities Guarantees principal of, premium, if any, and interest on the Notes in accordance with the Parent Guarantee as and when the same shall become due and payable in accordance with their termsthe terms of the Parent Guarantee, or is intended to or shall affect the relative rights of the Holders and the respective creditors of the Guarantors Guarantor, other than the holders of the Guarantor Senior DebtIndebtedness, nor shall anything herein or therein prevent the Holders or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen Eleven of the holders of the Guarantor Senior DebtIndebtedness. (b) Without limiting the generality of the foregoing, nothing contained in this Article Sixteen Eleven will restrict the right of the Trustee or the Holders to take any action to declare the Securities Notes to be due and payable prior to their Stated Maturity pursuant to Section 5.2 6.01 of this Indenture or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt Indebtedness then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash Cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from any the Guarantor with respect to its Securities Guaranteeof Senior Subordinated Indebtedness.

Appears in 1 contract

Samples: Indenture (Scotsman Industries Inc)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Thirteen or elsewhere in this Indenture or in the Securities or the Guarantee is intended to or shall impair, as among the Guarantors Guarantor and the HoldersHolders of the Securities, the obligation of such Guarantorsthe Guarantor, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of the Guarantee of the Guarantor, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors Guarantor other than the holders of the Guarantor Senior DebtIndebtedness of the Guarantor, nor shall anything herein or therein prevent the Holders Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen Thirteen of the holders of Guarantor Senior Indebtedness in respect of cash, property or securities of the Guarantor Senior Debt. (b) received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will Thirteen shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt Indebtedness of the Guarantor then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from any the Guarantor with respect of principal of or interest on the Securities pursuant to its Securities the Guarantor's Guarantee.

Appears in 1 contract

Samples: Indenture (Collins & Aikman Products Co)

Obligations of Guarantor Unconditional. (a) Nothing contained in this Article Sixteen Twelve or elsewhere in this Indenture or in the Securities or the Guarantee is intended to or shall impair, as among between the Guarantors and the HoldersHolders of the Securities, the obligation of such the Guarantors, which is absolute and unconditional, to pay to the Holders all obligations arising under of the Securities Guarantees the principal of and premium, if any, or interest and Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of the Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors Guarantor other than the holders of the Guarantor Senior DebtIndebtedness, nor shall anything herein or therein prevent the Holders Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen Twelve of the holders of the Guarantor Senior Debt. (b) Indebtedness in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Sixteen will Twelve shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their Stated Maturity stated maturity pursuant to Section 5.2 of this Indenture 6.01 or to pursue any rights or remedies hereunder; providedPROVIDED, howeverHOWEVER, that all Guarantor Senior Debt Indebtedness of the Guarantor then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from any Guarantor with respect such Guarantors of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Securities pursuant to its Securities such Guarantors' Guarantee.

Appears in 1 contract

Samples: Indenture (West Texas & Lubbock Railroad Co Inc)

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