Common use of Representation and Warranty of the Guarantor Clause in Contracts

Representation and Warranty of the Guarantor. The Guarantor hereby represents and warrants that all acts, conditions and things required to be done and performed and to have happened precedent to the creation and issuance of this Security Guarantee, to constitute the same valid, binding and legal obligation of the Guarantor, enforceable against the Guarantor, its successors and assigns in accordance with its terms, have been done and performed and have happened in compliance with all applicable laws. The Guarantor acknowledges that this Security Guarantee is a guarantee of payment and not of collection. The obligation of the Guarantor under this Security Guarantee shall constitute a direct, general, irrevocable, unsecured and unsubordinated obligations of the Guarantor. The Guarantor acknowledges that it will receive direct and indirect benefits from the issuance of the Securities pursuant to this Indenture and that the waivers set forth in this Article Eleven are knowingly made in contemplation of such benefits.

Appears in 3 contracts

Samples: Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)

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Representation and Warranty of the Guarantor. The Guarantor hereby represents and warrants that all acts, conditions and things required to be done and performed and to have happened precedent to the creation and issuance of this Security Guarantee, to constitute the same valid, binding and legal obligation of the Guarantor, enforceable against the Guarantor, its successors and assigns in accordance with its terms, have been done and performed and have happened in compliance with all applicable laws. The Guarantor acknowledges that this Security Guarantee is a guarantee of payment and not of collection. The obligation of the Guarantor under this Security Guarantee shall constitute a direct, general, irrevocable, unsecured and unsubordinated obligations of the Guarantor. The Guarantor acknowledges that it will receive direct and indirect benefits from the issuance of the Securities pursuant to this Indenture and that the waivers set forth in this Article Eleven Ten are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Senior Guaranteed Notes Indenture (Impsat Corp)

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