Obligations of the Guarantors Unconditional. Nothing contained in this Section 11 or elsewhere in this Agreement or in the Guarantees is intended to or shall impair as between the Guarantors and the Lenders the obligations of the Guarantors, which are absolute and unconditional, to pay to the Lenders the Guarantee Obligations 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 Lenders and creditors of the Guarantors other than the holders of the Guarantor Senior Indebtedness, nor shall anything herein or therein prevent the Lenders from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Section 11 of the holders of such Guarantor Senior Indebtedness in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. The failure to make a payment in respect of Guarantee Obligations by reason of any provision of this Section 11 shall not prevent the occurrence of an Event of Default under Section 7.
Appears in 4 contracts
Samples: Senior Subordinated Credit Agreement (Advanced Glassfiber Yarus LLC), Senior Subordinated Credit Agreement (Galey & Lord Inc), Senior Subordinated Credit Agreement (BGF Industries Inc)
Obligations of the Guarantors Unconditional. Nothing contained in this Section 11 or elsewhere in this Agreement or in the Guarantees is intended to or shall impair as between the Guarantors and the Lenders the obligations of the Guarantors, which are absolute and unconditional, to pay to the Lenders the Guarantee Obligations 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 Lenders and creditors of the Guarantors other than the holders of the Guarantor Senior IndebtednessDebt, nor shall anything herein or therein prevent the Lenders from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Section 11 of the holders of such Guarantor Senior Indebtedness Debt in respect of cash, property Property or securities of the Guarantors received upon the exercise of any such remedy. The failure to make a payment in respect on account of Guarantee Obligations by reason of any provision of this Section 11 shall not prevent the occurrence of an Event of Default under Section 7.
Appears in 2 contracts
Samples: Senior Subordinated Credit Agreement (Bio Rad Laboratories Inc), Senior Subordinated Credit Agreement (Bio Rad Laboratories Inc)
Obligations of the Guarantors Unconditional. Nothing contained in this Section 11 3 or elsewhere in this Agreement or in the Guarantees Guaranty is intended to or shall impair as between the Guarantors and the Lenders the obligations of the Guarantors, which are absolute and unconditional, to pay to the Lenders the Guarantee Guaranteed Obligations 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 Lenders and creditors of the Guarantors other than the holders of the Guarantor Senior IndebtednessDebt, nor shall anything herein or therein prevent the Lenders from exercising all remedies otherwise permitted by applicable law upon default under this the Credit Agreement, subject to the rights, if any, under this Section 11 3 of the holders of such Guarantor Senior Indebtedness Debt in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. The failure to make a payment in respect on account of Guarantee Guaranteed Obligations by reason of any provision of this Section 11 3 shall not prevent the occurrence of a Default or an Event of Default under Section 77 of the Credit Agreement.
Appears in 1 contract
Samples: Senior Subordinated Subsidiary Guaranty (Express Scripts Inc)
Obligations of the Guarantors Unconditional. Nothing contained in this Section 11 12 or elsewhere in this Agreement or in the Guarantees is intended to or shall impair as between the Guarantors and the Lenders the obligations of the Guarantors, which are absolute and unconditional, to pay to the Lenders the Guarantee Obligations 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 Lenders and creditors of the Guarantors other than the holders of the Guarantor Senior Indebtedness, nor shall anything herein or therein prevent the Lenders from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Section 11 12 of the holders of such Guarantor Senior Indebtedness in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. The failure to make a payment in respect on account of Guarantee Obligations by reason of any provision of this Section 11 12 shall not prevent the occurrence of an Event of Default under Section 78.
Appears in 1 contract
Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc)
Obligations of the Guarantors Unconditional. Nothing contained ------------------------------------------- in this Section SECTION 11 or elsewhere in this Agreement or in the Guarantees is intended to or shall impair as between the Guarantors and the Lenders the obligations of the Guarantors, which are absolute and unconditional, to pay to the Lenders the Guarantee Obligations 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 Lenders and creditors of the Guarantors other than the holders of the Guarantor Senior Indebtedness, nor shall anything herein or therein prevent the Lenders from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Section SECTION 11 of the holders of such Guarantor Senior Indebtedness in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. The failure to make a payment in respect of Guarantee Obligations by reason of any provision of this Section SECTION 11 shall not prevent the occurrence of an Event of Default under Section SECTION 7.
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Petersen Holdings LLC)