Common use of Obligations of Guarantors Unconditional Clause in Contracts

Obligations of Guarantors Unconditional. Nothing contained in this Article X or elsewhere in this Indenture or in the Guarantees is intended to or shall impair, as among the Guarantors, its creditors other than the holders of Guarantor Senior Debt, and the Holders, the obligation of the Guarantors, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Notes 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 Holder of any Guarantee or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of any Guarantor received upon the exercise of any such remedy.

Appears in 6 contracts

Samples: Covenants (Dole Food Co Inc), Dole Food Co Inc, Dole Food Company Inc

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Obligations of Guarantors Unconditional. Nothing contained in this Article X Thirteen or elsewhere in this Indenture Indenture, the Notes or in the Guarantees is intended to or shall impair, as among the Guarantorsany Guarantor, its creditors other than the holders of Guarantor Senior DebtDebt of such Guarantor, and the Holders, the obligation of the Guarantorssuch Guarantor, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Notes and any payments due on the 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 Company other than the holders of the Guarantor Senior DebtDebt of such Guarantor, nor shall anything herein or therein prevent the Holder of any Guarantee Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of any such Guarantor received upon the exercise of any such remedy.

Appears in 4 contracts

Samples: Registration Rights Agreement (Management Solutins Inc/), Tokheim Corp, Tokheim Corp

Obligations of Guarantors Unconditional. Nothing contained in this Article X Fifteen or elsewhere in this Indenture or in the Guarantees is intended to or shall impair, as among the Guarantors, its creditors other than the holders of Guarantor Senior Debt, and the Holders, the obligation of the Guarantors, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Notes 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 Holder of any Guarantee or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of any Guarantor received upon the exercise of any such remedy.

Appears in 2 contracts

Samples: Indenture (Dole Food Co Inc), Indenture (Dole Food Company Inc)

Obligations of Guarantors Unconditional. Nothing contained in this Article X or elsewhere in this Indenture or in the Guarantees Securities or the Guarantee is intended to or shall impair, as among the Guarantors, its creditors other than the holders of Guarantor Senior Debt, Guarantors and the HoldersHolders of the Securities, the obligation of the Guarantorseach Guarantee, which is absolute and unconditional, to pay to the Holders of the Securities the principal of, interest (including Additional Interest, if any) on, and all other amounts in respect of and any interest on the Notes 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 any Guarantor other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holder of any Guarantee Security or the Trustee on its their behalf from exercising all remedies otherwise permitted by applicable law upon default under this the Indenture, subject to the rights, if any, under this Article of the holders of the Senior Debt in respect of cash, property or securities of any Guarantor received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Aep Industries Inc

Obligations of Guarantors Unconditional. Nothing contained in this Article X XII or elsewhere in this Indenture or in the Guarantees is intended to or shall impair, as among the Guarantors, its their creditors other than the holders of Guarantor Senior Debt, and the Holders, the obligation of the Guarantors, which is absolute and unconditional, to pay to the Holders all amounts due and payable under the principal of and any interest on the Notes 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 any Holder of any Guarantee or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of any Guarantor the Guarantors received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Quality Distribution Inc

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Obligations of Guarantors Unconditional. Nothing contained in this Article X Thirteen or elsewhere in this Indenture or in the Guarantees Securities is intended to or shall impair, as among the Guarantorsany Guarantor, its creditors other than the holders of Guarantor Senior DebtIndebtedness, and the Holders, the obligation of the Guarantorssuch Guarantor, which is absolute and unconditional, to pay to the Holders the principal make payments in respect of and any interest on the Notes its Guarantee 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 and creditors of the Guarantors such Guarantor other than the holders of the Guarantor Senior DebtIndebtedness, nor shall anything herein or therein prevent the Holder of any Guarantee Security or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of any such Guarantor received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Aearo CO I

Obligations of Guarantors Unconditional. Nothing contained in this Article X 12 or elsewhere in this Indenture or in the Guarantees Notes is intended to or shall impair, as among the Guarantorsany Guarantor, its creditors other than the holders of Guarantor Senior Debt, and the Holders, the obligation of the Guarantorssuch Guarantor, which is absolute and unconditional, to pay to the Holders the principal make payments in respect of and any interest on the Notes its Guarantee 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 and creditors of the Guarantors such Guarantor other than the holders of the Guarantor Senior Debt, nor shall anything herein or therein prevent the Holder of any Guarantee Security or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of any such Guarantor received upon the exercise of any such remedy.

Appears in 1 contract

Samples: Indenture (Panolam Industries International Inc)

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