Common use of Payments and Performance Clause in Contracts

Payments and Performance. In the event that the Company fails to make, on or before the due date thereof, any payment to be made in respect of the Guaranteed Obligations or if the Company shall fail to perform, keep, observe, or fulfill any other obligation referred to in clause 2.1(a) or clause 2.1(b) of Section 2.1 in the manner provided in the Note Purchase Agreement and the Notes, the Guarantor shall cause forthwith to be paid the moneys, or to be performed, kept, observed, or fulfilled each of such obligations, in respect of which such failure has occurred in accordance with the terms and provisions of the Note Purchase Agreement and the Notes. In furtherance of the foregoing, if an Event of Default shall exist under paragraph (g) or (h) of Section 11 of the Note Purchase Agreement, all of the Guaranteed Obligations shall forthwith become due and payable without notice, regardless of whether the acceleration of the Notes shall be stayed, enjoined, delayed or otherwise prevented. Nothing shall discharge or satisfy the obligations of the Guarantor hereunder except the full and final performance and indefeasible payment of the Guaranteed Obligations.

Payments and Performance. In the event that the Company an Issuer Subsidiary fails to make, on or before the due date thereof, any payment to be made of any principal amount of, or interest or Make-Whole Amount on, or in respect of, the Notes issued by such Issuer Subsidiary or of any other amounts due to any holder of Notes under the Guaranteed Obligations Notes or if this Agreement, after giving effect to any applicable grace periods or cure provisions or waivers or amendments, the Company shall fail to perform, keep, observe, or fulfill any other obligation referred to in clause 2.1(a) or clause 2.1(b) of Section 2.1 in the manner provided in the Note Purchase Agreement and the Notes, the Guarantor shall cause forthwith to be paid the moneys, or to be performed, kept, observed, or fulfilled each of such obligations, moneys in respect of which such failure has occurred in accordance with the terms and provisions of the Note Purchase this Agreement and the Notes. In furtherance of the foregoing, if an Event of Default shall exist under paragraph (g) any or (h) of Section 11 of the Note Purchase Agreement, all of the Notes have been accelerated as provided in Section 12.1 (and such acceleration has not been rescinded), the Guaranteed Obligations in respect of such Notes shall forthwith become due and payable without notice, regardless of whether the acceleration of the such Notes shall be stayed, enjoined, delayed or otherwise preventeddeemed ineffective. Nothing shall discharge or satisfy the obligations of the Guarantor Company hereunder except the full and full, final performance and indefeasible payment of the Guaranteed Obligations.

Payments and Performance. In the event that the Company fails to make, on or before the due date thereof, any payment to be made in respect of the Guaranteed Obligations or if the Company shall fail to perform, keep, observe, or fulfill any other obligation referred to in clause 2.1(a(a) or clause 2.1(b(b) of Section 2.1 in the manner provided in the Note Purchase Agreement and the Notes, the Guarantor shall cause forthwith to be paid the moneys, or to be performed, kept, observed, or fulfilled each of such obligations, in respect of which such failure has occurred in accordance with the terms and provisions of the Note Purchase Agreement and the Notes. In furtherance of the foregoing, if an Event of Default shall exist under paragraph (g) or (h) of Section 11 of the Note Purchase Agreement, all of the Guaranteed Obligations shall forthwith become due and payable without notice, regardless of whether the acceleration of the Notes shall be stayed, enjoined, delayed or otherwise prevented. Nothing shall discharge or satisfy the obligations of the Guarantor hereunder except the full and final performance and indefeasible payment of the Guaranteed Obligations.

Payments and Performance. In the event that the Company fails to make, on or before the due date thereof, any payment to be made in respect of the Guaranteed Obligations or if the Company shall fail to perform, keep, observe, or fulfill any other obligation referred to in clause 2.1(a(a) or clause 2.1(b(b) of Section 2.1 in the manner provided in the Note Purchase Agreement and the NotesNotes (after the expiration of any applicable notice or grace periods), the Guarantor Subsidiary Guarantors shall cause forthwith to be paid the moneys, or to be performed, kept, observed, or fulfilled each of such obligations, in respect of which such failure has occurred in accordance with the terms and provisions of the Note Purchase Agreement and the Notes. In furtherance of the foregoing, if an Event of Default shall exist under paragraph (g) or (h) of Section 11 of the Note Purchase Agreementexist, all of the Guaranteed Obligations shall forthwith become due and payable without notice, regardless of whether the acceleration of the Notes shall be stayed, enjoined, delayed or otherwise prevented. Nothing shall discharge or satisfy the joint and several obligations of the Guarantor Subsidiary Guarantors hereunder except the full and final performance and indefeasible payment of the Guaranteed Obligations.

Payments and Performance. In the event that the Company fails to make, on or before the due date thereof, any payment to be made of any principal amount of, or interest on, or in respect of, the Notes or of any other amounts due to any holder under the Guaranteed Obligations Notes, in any other Financing Documents, or if the Company shall fail to perform, keep, observe, or fulfill any other obligation referred to in clause 2.1(a) or clause 2.1(b) of Section 2.1 Obligation in the manner provided in the Note Purchase Agreement and the NotesFinancing Documents after in each case giving effect to any applicable grace periods or cure provisions or waivers or amendments, the Guarantor Parent shall cause forthwith to be paid the moneys, or to be performed, kept, observed, or fulfilled each of such obligationsObligations, in respect of which such failure has occurred in accordance with the terms and provisions of the Note Purchase Agreement and the NotesFinancing Documents. In furtherance of the foregoing, if an Event of Default shall exist under paragraph (g) or (h) of Section 11 of the Note Purchase Agreementexist, all of the Guaranteed Guarantied Obligations shall shall, in the event of and in the manner and subject to the limitations provided in this Agreement for the acceleration of the Notes (including, without limitation, the provisions related to the annulment thereof), forthwith become due and payable without notice, regardless of whether the acceleration of the Notes shall be stayed, enjoined, delayed or otherwise prevented. Nothing shall discharge or satisfy the obligations of the Guarantor Parent hereunder except the full and final performance and indefeasible payment of the Guaranteed ObligationsGuarantied Obligations contained in Section 19.1(a).