Subordinated Guaranty. The Amended and Restated Guaranty, dated as of --------------------- February __, 2001, made by each Subsidiary of the Borrower in favor of the Subordinating Creditor.
Subordinated Guaranty. The Subordinated Guaranty or any provision thereof shall cease to be in full force or effect as to any Subordinated Guarantor, or any Subordinated Guarantor or any Person acting by or on behalf of any Subordinated Guarantor shall deny or disaffirm such Subordinated Guarantor's obligations under the Subordinated Guaranty, or any Subordinated Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to the Subordinated Guaranty and such default shall continue beyond any grace period specifically applicable thereto; or
Subordinated Guaranty. Subject to the terms and conditions of this Subordinated Guaranty and the SBCC Subordination Agreement, Guarantor hereby guarantees the prompt payment when due, whether at stated maturity or by acceleration, of all obligations of Maker now or hereafter existing under the Subordinated Notes, whether for principal, interest, fees, expenses or otherwise (the "Guaranteed Debt"). If all or any part of the Guaranteed Debt shall not be punctually paid when due, whether at maturity or earlier by acceleration or otherwise, Guarantor shall, immediately upon demand by Payees in accordance with Section 6 hereof, and without presentment, protest, notice of protest, notice of nonpayment, notice of intent to accelerate, notice of acceleration or any other notice or demand whatsoever (except as contemplated by Section 6 below), pay in lawful money of the United States of America, the amount due on the Guaranteed Debt to Payees at the address as set forth herein or at such other place as Payees may from time to time designate in writing to Guarantor. In the event that Payees must rescind or restore any payment received by Payees in satisfaction of the Guaranteed Debt, any prior release or discharge from the terms of this guarantee shall be voided without effect, and this guarantee shall remain in full force and effect. It is the intention of Payees and Guarantor that Guarantor's obligations hereunder shall not be discharged except by Guarantor's performance of such obligations and then only to the extent of such performance. This guarantee may be enforced by Payees and any subsequent holder of the Guaranteed Debt and shall not be discharged by the assignment of all or part of the Guaranteed Debt.
Subordinated Guaranty. For value received and pursuant to and in accordance with the terms of the Indenture, each of JCC Holding, CP Development, FP Development, and JCC Development has unconditionally guaranteed on a subordinated basis as provided in Article XIV of the Indenture (the "Guaranty") to each Holder of a Security and the Trustee the due and punctual payment of the principal of, premium (if any), and interest (including Contingent Payments) on, such Security when and as the same shall become due and payable for any reason in accordance with the terms of such Security and the Indenture. For value received and pursuant to and in accordance with the terms of the Indenture, JCC Holding has unconditionally guaranteed, on a subordinated basis as set forth in Article XIV of the Indenture, to each holder of a Guaranty that the obligations of each of CP Development, FP Development and JCC Development under the Guaranty will be promptly paid in full or performed in accordance with the terms of the Guaranty and the Indenture. The guarantors may be released from their respective guaranties in accordance with the terms of the Indenture. [FORM OF ASSIGNMENT] I or we assign this Security to -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- (Print or type name, address and zip code of assignee) Please insert Social Security or other identifying number of assignee _________ ___________ and irrevocably appoint agent to transfer this Security on the books of the Company. The agent may substitute another to act for him. Dated: Signed: ------------------------------ -----------------------------
Subordinated Guaranty. The Subordinated Guaranty duly executed by the Guarantor.
Subordinated Guaranty. On the Initial Funding Date, HCC shall have duly authorized, executed and delivered a Subordinated Guaranty in the form of EXHIBIT G (as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof, the "Subordinated Guaranty"), and the Subordinated Guaranty shall be in full force and effect.
Subordinated Guaranty. (a) Subject to the provisions of the Lien Subordination Agreement, to induce the Lender to make the Loans, each Guarantor hereby absolutely, unconditionally and irrevocably guarantees, as primary obligor and not merely as surety, the full and punctual payment when due, whether at stated maturity or earlier, by reason of acceleration, mandatory prepayment or otherwise in accordance herewith or any other Loan Document, of all the Obligations, whether or not from time to time reduced or extinguished or hereafter increased or incurred, whether or not recovery may be or hereafter may become barred by any statute of limitations, and whether enforceable or unenforceable as against the Borrower, now or hereafter existing, or due or to become due, including principal, interest (including interest at the contract rate applicable upon default accrued or accruing after the commencement of any proceeding under the Bankruptcy Code, whether or not such interest is an allowed claim in such proceeding), fees and costs of collection. This Subordinated Guaranty constitutes an absolute guaranty of payment and performance and not of collection.
Subordinated Guaranty. 8 3.06 Consummation of the Recapitalization; Corporate Structure .........8 3.07
Subordinated Guaranty. On the Funding Date, each Subsidiary of the Borrower, shall have duly authorized, executed and delivered a Subordinated Guaranty in the form of Exhibit E (as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof, the "Subordinated Guaranty"), and the Subordinated Guaranty shall be in full force and effect.
Subordinated Guaranty. This Security is entitled to the benefits of the Guaranty made by the Guarantor, as described in the Indenture, pursuant to which the Guarantor has irrevocably and unconditionally guaranteed on a subordinated basis (as provided in Article 12 of the Indenture) the punctual payment when due, whether at stated maturity, by acceleration, redemption or otherwise, of all obligations of the Company under the Indenture and this Security. The Guarantor shall be released from its Guaranty upon the terms and subject to the conditions set forth in the Indenture.
