Common use of Obligations of the Guarantor Unconditional Clause in Contracts

Obligations of the Guarantor Unconditional. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in any Security is intended to or shall impair, as between a Guarantor and the Holders of the Securities guaranteed by such Guarantor's Guarantee, the obligations of such Guarantor, which are absolute and unconditional, to pay to such Holders the principal of and interest on such Securities as and when the same shall become due and payable in accordance with the provisions of such Guarantee or is intended to or shall affect the relative rights of such Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any such Holder from exercising all remedies otherwise permitted by applicable law upon 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 Fifteen, the Trustee, subject to the provisions of Sections 6.01 and 6.03, and the Holders of the Securities guaranteed hereby by such Guarantor 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 Fifteen.

Obligations of the Guarantor Unconditional. Nothing contained in this Article Fifteen 12 or elsewhere in this Indenture Indenture, any applicable indenture supplemental hereto or in any Security the Convertible Securities or the Subordinated Guarantee is intended to or shall impair, as between a the Guarantor and the Holders Holders, the obligation of the Securities guaranteed by such Guarantor's Guarantee, the obligations of such Guarantor, which are is absolute and unconditional, to deliver Guarantor’s shares or American depositary shares, if applicable, in each case according to the terms thereof and of this Indenture and any indenture supplemental hereto referred to therein, and to pay to such the Holders any payment due under the principal Subordinated Guarantee in respect of the Principal of and interest on such the Convertible Securities as and when the same shall become due and payable in accordance with the provisions of such Guarantee their terms, or is intended to or shall affect the relative rights of such the Holders and creditors of such Guarantorthe Guarantor other than the holders of the Guarantor Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any such Holder from exercising all remedies otherwise permitted by applicable law upon Default default under this Indenture or any applicable indenture supplemental hereto, subject to the rights, if any, under this Article 12 and any applicable indenture supplemental hereto, of the holders of Guarantor Senior Indebtedness in respect of cash, property or securities of such the Guarantor received upon the exercise of any such remedy; Upon . Notwithstanding anything to the contrary in this Article 12 or elsewhere in this Indenture, any applicable indenture supplemental hereto or in the Convertible Securities or in the Subordinated Guarantee, upon any distribution of assets of a the Guarantor referred to in this Article Fifteen12 or in any such indenture supplemental hereto, the Trustee, subject to the provisions of Sections 6.01 and 6.03, Trustee and the Holders of the Securities guaranteed hereby by such Guarantor shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such a dissolution, winding up, liquidation or reorganization proceedings are proceeding involving the Company or its assets is 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 the Guarantor Senior Indebtedness and other indebtedness of such the 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 Fifteen12. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Guarantor Senior Indebtedness (or a representative of such holder or a trustee under any indenture under which any instruments evidencing any such Guarantor Senior Indebtedness may have been issued) to establish that such notice has been given by a holder of such Guarantor Senior Indebtedness or such representative or trustee on behalf such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Guarantor Senior Indebtedness to participate in any payment or distribution pursuant to this Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Guarantor Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the right of such Person under this Article, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment or distribution.

Obligations of the Guarantor Unconditional. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in any Security is intended to or shall impair, as between a Guarantor and the Holders of the Securities guaranteed by such Guarantor's ’s Guarantee, the obligations of such Guarantor, which are absolute and unconditional, to pay to such Holders the principal of and interest on such Securities the as and when the same shall become due and payable in accordance with the provisions of such this Guarantee or is intended to or shall affect the relative rights of such Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any such Holder from exercising all remedies otherwise permitted by applicable law upon 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 Fifteen, the Trustee, subject to the provisions of Sections 6.01 and 6.036.02, and the Holders of the Securities guaranteed hereby by such Guarantor 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 Fifteen.

Obligations of the Guarantor Unconditional. Nothing contained in this Article Fifteen 14 or elsewhere in this Indenture or in any Security is intended to or shall impair, as between a the Guarantor and the Holders of the Securities guaranteed by such Guarantor's GuaranteeHolders, the obligations of such the Guarantor, which are absolute and unconditional, to pay to such the Holders the principal of and interest on such the Securities as and when the same shall become due and payable in accordance with the provisions of such this Guarantee or is intended to or shall affect the relative rights of such the Holders and creditors of such the Guarantor other than the holders of the Senior Debt of the Guarantor, nor shall anything herein or therein prevent the Trustee or any such Holder from exercising all remedies otherwise permitted by applicable law upon Default under this Indenture Indenture, subject to the rights, if any, under this Article 14 of the holders of Senior Debt of the Guarantor in respect of cash, property or securities of such the Guarantor received upon the exercise of any such remedy; . Upon any distribution of assets of a the Guarantor referred to in this Article Fifteen14, the Trustee, subject to the provisions of Sections 6.01 6.1 and 6.036.2, and the Holders of the Securities guaranteed hereby by such Guarantor 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 Holdersthe 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 the 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 Fifteen14.

Obligations of the Guarantor Unconditional. Nothing contained in this Article Fifteen 13 or elsewhere in this Indenture or in any Security is intended to or shall impair, as between a Guarantor and the Holders of the Securities guaranteed by such Guarantor's Guarantee, the obligations of such Guarantor, which are absolute and unconditional, to pay to such Holders the principal of and interest on such the Securities as and when the same shall become due and payable in accordance with the provisions of such this Guarantee or is intended to or shall affect the relative rights of such Holders and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any such Holder from exercising all remedies otherwise permitted by applicable law upon 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 Fifteen13, the Trustee, subject to the provisions of Sections 6.01 6.1 and 6.036.2, and the Holders of the Securities guaranteed hereby by such Guarantor 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 Fifteen13.

Obligations of the Guarantor Unconditional. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in any Security is intended to or shall impair, as between a Guarantor and Upon the Holders of the Securities guaranteed by such Guarantor's Guarantee, the obligations of such Guarantor, which are absolute and unconditional, to pay to such Holders the principal of and interest on such Securities as and when the same shall become Guaranteed Obligations becoming unconditionally due and payable in accordance with the provisions of against Buyer, such Guarantee or is intended to or Guaranteed Obligations shall affect the relative rights of such Holders become likewise unconditionally due and creditors of such Guarantor, nor shall anything herein or therein prevent the Trustee or any such Holder from exercising all remedies otherwise permitted payable by applicable law upon Default Guarantor under this Indenture Section 9, and shall not be affected by any action taken under the Guaranteed Obligations in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy; Upon right or remedy therein conferred, or by any distribution of assets of a Guarantor referred to in this Article Fifteen, failure or omission on the Trustee, subject to the provisions of Sections 6.01 and 6.03, and the Holders part of the Securities guaranteed hereby Sellers to enforce any right given thereunder or hereunder or any remedy conferred thereby or hereby, or by such any release of any security or any other guaranty at any time existing for the benefit of the Guaranteed Obligations, or by the merger or consolidation of the Sellers, or by sale, lease, or transfer by the Sellers to any person of any or all of its properties, or by any action of the Sellers granting indulgence or extension to, or acquiescing in any default by, Buyer, or any successor or successors to Buyer or by any other party which shall have assumed any of its obligations, or by and modification, alteration, or by any circumstance whatsoever (with or without notice to or knowledge of the Guarantor) which may or might in any manner or to any extent vary the risk of the Guarantor hereunder, it being the purpose and intent of the Guarantor that the obligations of the Guarantor hereunder shall be entitled to rely upon absolute and unconditional under any order or decree made by any court of competent jurisdiction and all circumstances in which such dissolutionGuaranteed Obligations shall be absolute and unconditional as against Buyer and shall not be discharged except by payment or performance as herein provided, winding upand then only to the extent of such payment or performance. Notwithstanding the foregoing, liquidation the Guarantor shall have the right to assert any defenses and any rights of set-off against the Sellers that Buyer could have asserted against the Sellers. If for any reason Buyer has no legal existence or reorganization proceedings are pendingis under no legal (as opposed to contractual) obligation to discharge the Guaranteed Obligations, or a certificate if the Guaranteed Obligations shall be due and payable but shall have become irrecoverable from Buyer, by operation of the liquidating trustee law or agent for any other reason, or if any security 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 distributionguaranty shall be found invalid, the holders of other indebtedness of such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon Guarantor shall nonetheless be and all other facts pertinent thereto or to remain bound by this Article FifteenSection 9.

Obligations of the Guarantor Unconditional. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in any Security is intended to or shall impair, as between a the Parent Guarantor and the Holders of the Securities guaranteed by such Guarantor's the Guarantee, the obligations of such the Parent Guarantor, which are absolute and unconditional, to pay to such Holders the principal of and interest on such Securities as and when the same shall become due and payable in accordance with the provisions of such the Guarantee or is intended to or shall affect the relative rights of such Holders and creditors of such the Parent Guarantor, nor shall anything herein or therein prevent the Trustee or any such Holder from exercising all remedies otherwise permitted by applicable law upon Default under this Indenture in respect of cash, property or securities of such the Parent Guarantor received upon the exercise of any such remedy; Upon any distribution of assets of a the Parent Guarantor referred to in this Article Fifteen, the Trustee, subject to the provisions of Sections 6.01 and 6.03, and the Holders of the Securities guaranteed hereby by such the Parent Guarantor 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 the Parent 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 Fifteen.