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 of any principal amount of, or interest or Yield-Maintenance Amount on, or in respect of, the Notes or of any other amounts due to any holder of Notes under the Notes or this Agreement, after giving effect to any applicable grace periods or cure provisions or waivers or amendments, each Guarantor shall cause forthwith to be paid the moneys in respect of which such failure has occurred in accordance with the terms and provisions of this Agreement and the Notes. In furtherance of the foregoing, if any or all the Notes have been accelerated as provided in Paragraph 7A (and such acceleration has not been rescinded by action of the Required Holders), the Guarantied Obligations in respect of such Notes shall forthwith become due and payable without notice, regardless of whether the acceleration of such Notes shall be stayed, enjoined, delayed or deemed ineffective. Nothing shall discharge or satisfy the obligations of the Guarantors under the AI Guaranty Agreement except the full, final and indefeasible payment in cash of the Guarantied Obligations.

Appears in 2 contracts

Samples: Note Agreement (Albany International Corp /De/), Note Agreement and Guaranty (Albany International Corp /De/)

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Payments and Performance. In the event that the Company fails to makeexxxx xxxx xxx Xxxxxxx xxxxx xx xxxe, on or before the due date thereof, any payment to be made of any principal amount of, or interest or Yield-Maintenance Amount on, or in respect of, the Notes or of any other amounts due to any holder of Notes under the Notes or this Agreement, after giving effect to any applicable grace periods or cure provisions or waivers or amendments, each Guarantor shall cause forthwith to be paid the moneys in respect of which such failure has occurred in accordance with the terms and provisions of this Agreement and the Notes. In furtherance of the foregoing, if any or all the Notes have been accelerated as provided in Paragraph 7A (and such acceleration has not been rescinded by action of the Required Holders), the Guarantied Guaranteed Facility Obligations in respect of such Notes shall forthwith become due and payable without notice, regardless of whether the acceleration of such Notes shall be stayed, enjoined, delayed or deemed ineffective. Nothing shall discharge or satisfy the obligations of the Guarantors under the AI Guaranty Agreement Facility Guarantee except the full, final and indefeasible payment in cash of the Guarantied Guaranteed Facility Obligations.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (American Biltrite Inc)

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Payments and Performance. In the event that the Company fails to maketxxx xxx Xxxxxxx xxxxx xx xxxe, on or before the due date thereof, any payment to be made of any principal amount of, or interest or Yield-Maintenance Amount on, or in respect of, the Notes or of any other amounts due to any holder of Notes under the Notes or this Agreement, after giving effect to any applicable grace periods or cure provisions or waivers or amendments, each Guarantor shall cause forthwith to be paid the moneys in respect of which such failure has occurred in accordance with the terms and provisions of this Agreement and the Notes. In furtherance of the foregoing, if any or all the Notes have been accelerated as provided in Paragraph 7A (and such acceleration has not been rescinded by action of the Required Holders), the Guarantied Guaranteed Facility Obligations in respect of such Notes shall forthwith become due and payable without notice, regardless of whether the acceleration of such Notes shall be stayed, enjoined, delayed or deemed ineffective. Nothing shall discharge or satisfy the obligations of the Guarantors under the AI Guaranty Agreement Facility Guarantee except the full, final and indefeasible payment in cash of the Guarantied Guaranteed Facility Obligations.

Appears in 1 contract

Samples: Note Purchase Agreement (American Biltrite Inc)

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