Common use of Subsidiary Guarantee Clause in Contracts

Subsidiary Guarantee. Subject to the provisions of this Article X, the Guarantor unconditionally and irrevocably guarantees to each Lender and the Agent and their respective successors and assigns, that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder will be duly and punctually paid in full when due, whether at maturity, by acceleration, by redemption or otherwise, and interest on overdue principal, and premium, if any, and (to the extent permitted by law) interest on any interest, if any, on the Advances, any promissory note issued hereunder and all other obligations of the Company to the Lenders or the Agent hereunder (including fees and expenses) will be promptly paid in full, all in accordance with the terms hereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances or any of such other obligations, the same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, or failing performance of any other obligation of the Company to the Lenders or the Agent, for whatever reason, the Guarantor will be obligated to pay, or to perform or to cause the performance of, the same immediately. An Event of Default under this Agreement shall constitute an event of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Company.

Appears in 8 contracts

Samples: Extension Agreement (Bottling Group LLC), Credit Agreement (Bottling Group LLC), Extension Agreement (Pepsi Bottling Group Inc)

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Subsidiary Guarantee. (a) Subject to the provisions of this Article X10, each of the Guarantor Subsidiary Guarantors shall, jointly and severally, irrevocably and unconditionally and irrevocably guarantees guarantee to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (ia) the principal of, premium, if any, and or interest on the Advances and any promissory note issued hereunder will Notes shall be duly and punctually promptly paid in full when due, whether at maturity, by acceleration, by redemption or otherwise, and interest on the overdue principal, principal of and premiuminterest on the Notes, if any, and (to the extent permitted by law) interest on any interestif lawful, if any, on the Advances, any promissory note issued hereunder and all other obligations Obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) will or thereunder shall be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (iib) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will shall be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturityStated Maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Guarantor will Subsidiary Guarantors shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Each Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 5 contracts

Samples: Indenture (Viasat Inc), Indenture (Maxar Technologies Inc.), Supplemental Indenture (Maxar Technologies Inc.)

Subsidiary Guarantee. (a) Subject to the provisions of this Article XTen, each of the Guarantor unconditionally Subsidiary Guarantors, jointly and irrevocably guarantees severally, fully and unconditionally, guarantees, on a senior unsecured basis, to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturityStated Maturity, by acceleration, by redemption or otherwise, and interest on the overdue principalprincipal of, and premium, if any, and (to the extent permitted by law) interest on any interestthe Notes, if any, on the Advancesif lawful (subject in all cases to any applicable grace period provided herein), any promissory note issued hereunder and all other monetary obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Guarantor will Subsidiary Guarantors shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Each Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 5 contracts

Samples: Indenture (Goodrich Petroleum Corp), First Supplemental Indenture (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp)

Subsidiary Guarantee. (a) Subject to the provisions of this Article X10, in the event that any Restricted Subsidiary of the Company shall execute and deliver a supplemental indenture to this Indenture with respect to a Subsidiary Guarantee (as required by Section 10.02 hereof or otherwise), any such Guarantor shall, jointly and severally, unconditionally and irrevocably guarantees guarantee to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, of premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturity, by acceleration, by redemption or otherwise, and interest on the overdue principal, principal of and premiuminterest on the Notes, if any, and (to the extent permitted by law) interest on any interestif lawful, if any, on the Advances, any promissory note issued hereunder and all other obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturityStated Maturity, by acceleration pursuant to Section 7.02 hereof or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the any Guarantor will shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Any Guarantor also agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 2 contracts

Samples: Pilgrims Pride Corp, Pilgrims Pride Corp

Subsidiary Guarantee. (a) Subject to the provisions of this Article X10, in the event that any Restricted Subsidiary of the Company shall execute and deliver a supplemental indenture to this Indenture with respect to a Subsidiary Guarantee (as required by Section 10.02 hereof or otherwise), any such Guarantor shall, jointly and severally, unconditionally and irrevocably guarantees guarantee to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, of premium, if any, and interest and Additional Interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturity, by acceleration, by redemption or otherwise, and interest on the overdue principal, principal of and premiuminterest on the Notes, if any, and (to the extent permitted by law) interest on any interestif lawful, if any, on the Advances, any promissory note issued hereunder and all other obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturityStated Maturity, by acceleration pursuant to Section 6.02 hereof or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the any Guarantor will shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Any Guarantor also agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 2 contracts

Samples: Term Loan Agreement (Pilgrims Pride Corp), Pilgrims Pride Corp

Subsidiary Guarantee. (a) Subject to the provisions of this Article XIX, the each Subsidiary Guarantor hereby jointly and severally unconditionally and irrevocably guarantees to each Lender Holder and to the Agent Trustee and their respective its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company or any other Subsidiary Guarantor to the Holders or the Trustee hereunder or thereunder, that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually paid in full when due, whether at maturity, by acceleration, by redemption acceleration or otherwise, and interest on the overdue principal, and premium, if any, principal and (to the extent permitted by law) interest on any interest, if any, on the Advances, any promissory note issued hereunder Notes and all other obligations of the Company or the Subsidiary Guarantors to the Lenders Holders or the Agent Trustee hereunder or thereunder (including fees fees, expenses or other) and expenses) all other obligations with respect to the Notes and this Indenture will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances or any of such other obligationsNotes, the same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, or failing performance of any other obligation of the Company to the Lenders or the AgentHolders, for whatever reason, the each Subsidiary Guarantor will be obligated obligated, jointly and severally with each other Subsidiary Guarantor, to pay, or to perform or to cause the performance of, the same immediately. An Event of Default under this Agreement Indenture or the Notes shall constitute an event of default under this GuaranteeArticle IX, and shall entitle the Lenders Holders of Notes to accelerate the obligations of the Guarantor under this Guarantee Subsidiary Guarantors hereunder in the same manner and to the same extent as the obligations of the Company.

Appears in 2 contracts

Samples: Beazer Homes Usa Inc, Indenture (Beazer Homes Usa Inc)

Subsidiary Guarantee. (a) Subject to the provisions of this Article XThirteen, each of the Guarantor unconditionally Subsidiary Guarantors, jointly and irrevocably guarantees severally, fully and unconditionally, guarantees, on a senior secured basis, to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturityStated Maturity, by acceleration, by redemption or otherwise, and interest on the overdue principalprincipal of, and premium, if any, and (to the extent permitted by law) interest on any interestthe Notes, if any, on the Advancesif lawful (subject in all cases to any applicable grace period provided herein), any promissory note issued hereunder and all other monetary obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Guarantor will Subsidiary Guarantors shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Each Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 2 contracts

Samples: Indenture (Goodrich Petroleum Corp), Intercreditor Agreement (Goodrich Petroleum Corp)

Subsidiary Guarantee. (a) Subject to the provisions of this Article XThirteen, each of the Guarantor unconditionally Subsidiary Guarantors, jointly and irrevocably guarantees severally, fully and unconditionally, guarantees, on a senior secured basis, to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturityStated Maturity, by acceleration, by redemption or otherwise, and interest on the overdue principalprincipal of, and premium, if any, 124 and (to the extent permitted by law) interest on any interestthe Notes, if any, on the Advancesif lawful (subject in all cases to any applicable grace period provided herein), any promissory note issued hereunder and all other monetary obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Guarantor will Subsidiary Guarantors shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Each Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Indenture (Goodrich Petroleum Corp)

Subsidiary Guarantee. (a) Subject to the provisions of this Article XThirteen, each of the Guarantor unconditionally Subsidiary Guarantors, jointly and irrevocably guarantees severally, fully and unconditionally, guarantees, on a senior unsecured basis, to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturityStated Maturity, by acceleration, by redemption or otherwise, and interest on the overdue principalprincipal of, and premium, if any, and (to the extent permitted by law) interest on any interestthe Notes, if any, on the Advancesif lawful (subject in all cases to any applicable grace period provided herein), any promissory note issued hereunder and all other monetary obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Guarantor will Subsidiary Guarantors shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Each Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Indenture (Goodrich Petroleum Corp)

Subsidiary Guarantee. Subject to the provisions of this Article X10, each of the Guarantor Guarantors hereby, jointly and severally, unconditionally and irrevocably guarantees to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (ia) the principal ofprincipal, premiuminterest, premium and Special Interest, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturity, by acceleration, by redemption or otherwise, and interest on the overdue principal, principal of and premiuminterest on the Notes, if any, and (to the extent permitted by law) interest on any interestif lawful, if any, on the Advances, any promissory note issued hereunder and all other obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (iib) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Guarantor will Guarantors shall be jointly and severally obligated to pay, or to perform or to cause pay the performance of, the same immediately. An Event of Default under this Agreement shall constitute an event of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Company.same

Appears in 1 contract

Samples: Indenture (Ainsworth Lumber Co LTD)

Subsidiary Guarantee. (a) Subject to the provisions of this Article X13, the Subsidiary Guarantor fully and unconditionally and irrevocably guarantees guarantees, on a senior unsecured basis, to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Third Supplemental Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturityStated Maturity, by acceleration, by redemption or otherwise, and interest on the overdue principalprincipal of, and premium, if any, and (to the extent permitted by law) interest on any interestthe Notes, if any, on the Advancesif lawful (subject in all cases to any applicable grace period provided herein), any promissory note issued hereunder and all other monetary obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Subsidiary Guarantor will shall be obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event The Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Goodrich Petroleum Corp

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Subsidiary Guarantee. (a) Subject to the provisions of this Article X13, the Subsidiary Guarantor fully and unconditionally and irrevocably guarantees guarantees, on a senior unsecured basis, to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this First Supplemental Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturityStated Maturity, by acceleration, by redemption or otherwise, and interest on the overdue principalprincipal of, and premium, if any, and (to the extent permitted by law) interest on any interestthe Notes, if any, on the Advancesif lawful (subject in all cases to any applicable grace period provided herein), any promissory note issued hereunder and all other monetary obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Subsidiary Guarantor will shall be obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event The Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Goodrich Petroleum Corp

Subsidiary Guarantee. (a) Subject to the provisions of this Article X10, the each Guarantor hereby, jointly and severally, unconditionally and irrevocably guarantees to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (i) the principal of, of premium, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturity, by acceleration, by redemption or otherwise, and interest on the overdue principal, principal of and premiuminterest on the Notes, if any, and (to the extent permitted by law) interest on any interestif lawful, if any, on the Advances, any promissory note issued hereunder and all other obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturityStated Maturity, by acceleration pursuant to Section 6.02 hereof or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the each Guarantor will shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Each Guarantor also agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Indenture (Pilgrims Pride Corp)

Subsidiary Guarantee. (a) Subject to the provisions of this Article X10, each of the Guarantor Subsidiary Guarantors hereby, jointly and severally, unconditionally and irrevocably guarantees to each Lender Holder of a Note authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, irrespective of the validity and enforceability of this Indenture, the Notes or the obligations of the Company hereunder or thereunder, that: (ia) the principal ofprincipal, premiuminterest, premium and Special Interest, if any, and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually promptly paid in full when due, whether at maturity, by acceleration, by redemption or otherwise, and interest on the overdue principal, principal of and premiuminterest on the Notes, if any, and (to the extent permitted by law) interest on any interestif lawful, if any, on the Advances, any promissory note issued hereunder and all other obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (iib) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Guarantor will Subsidiary Guarantors shall be jointly and severally obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Each Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Indenture (Russel Metals Inc)

Subsidiary Guarantee. Subject Each Subsidiary that is a signatory hereto and each Restricted Subsidiary of the Company which in accordance with Section 4.13 hereof is required to guarantee the provisions obligations of this Article Xthe Company under the Notes (each, the Guarantor a "Guarantor"), upon execution of a supplemental indenture, hereby jointly and severally unconditionally and irrevocably guarantees to each Lender Holder of a Note authenticated and delivered by the Agent and their respective successors and assignsTrustee irrespective of the validity or enforceability of this Indenture, the Notes or the obligations of the Company under this Indenture or the Notes, that: (i) the principal of, premiumof and interest on and Liquidated Damages, if any, and interest on with respect to the Advances and any promissory note issued hereunder Notes will be duly and punctually paid in full when due, whether at maturitythe maturity or interest payment or mandatory redemption date, by acceleration, by call for redemption or otherwise, and interest on the overdue principal, principal of and premium, if any, and (to the extent permitted by law) interest on any interest, if any, on the Advances, any promissory note issued hereunder Notes and all other obligations of the Company to the Lenders Holders or the Agent hereunder (including fees and expenses) Trustee under this Indenture or the Notes will be promptly paid in fullfull or performed, all in accordance with the terms hereofof this Indenture and the Notes; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the same they will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, or failing performance of any other obligation of the Company to the Lenders or the Agent, guaranteed for whatever reason, the each Guarantor will be obligated to pay, or to perform or to cause the performance of, pay the same immediately. An whether or not such failure to pay has become an Event of Default under which could cause acceleration pursuant to Section 6.02 hereof. Each Guarantor agrees that this Agreement shall constitute an event is a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations payment not a guarantee of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Supplemental Indenture (Iron Mountain Inc /De)

Subsidiary Guarantee. (1) Subject to the provisions of this Article XSeventeen, the Subsidiary Guarantor party hereto and each other Subsidiary of the Company that shall become a Subsidiary Guarantor pursuant to an indenture supplemental hereto, jointly and severally, fully and unconditionally and irrevocably guarantees guarantee, on a senior unsecured basis, to each Lender Holder of a Security authenticated and delivered by the Agent Trustee and their respective to the Trustee and its successors and assigns, assigns that: (i) the principal of, premium, if any, and interest on the Advances and any promissory note issued hereunder such Security will be duly and punctually promptly paid in full when due, whether at maturityStated Maturity, by acceleration, by redemption or otherwise, and interest on the overdue principalprincipal of, and premium, if any, and (to the extent permitted by law) interest on any interestsuch Security, if any, on the Advancesif lawful (subject in all cases to any applicable grace period provided herein), any promissory note issued hereunder and all other monetary obligations of the Company to the Lenders Holders or the Agent Trustee hereunder (including fees and expenses) or thereunder will be promptly paid in fullfull or performed, all in accordance with the terms hereofhereof and thereof; and (ii) in case of any extension of time of payment or renewal of any of the Advances such Security or any of such other obligations, the that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, guaranteed or failing any performance of any other obligation of the Company to the Lenders or the Agent, so guaranteed for whatever reason, the Guarantor will Subsidiary Guarantors shall be obligated to pay, or to perform or to cause the performance of, pay the same immediately. An Event Each Subsidiary Guarantor agrees that this is a guarantee of Default under this Agreement shall constitute an event payment and not a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Goodrich Petroleum Corp

Subsidiary Guarantee. Subject Each Subsidiary that is a signatory hereto and each Restricted Subsidiary of the Company which in accordance with Section 4.13 hereof is required to guarantee the provisions obligations of the Company under the Notes (each, a "Guarantor"), upon execution of a counterpart of this Article XIndenture, the Guarantor hereby jointly and severally unconditionally and irrevocably guarantees to each Lender Holder of a Note authenticated and delivered by the Agent and their respective successors and assignsTrustee irrespective of the validity or enforceability of this Indenture, the Notes or the obligations of the Company under this Indenture or the Notes, that: (i) the principal of, premium, if any, of and interest on the Advances and any promissory note issued hereunder Notes will be duly and punctually paid in full when due, whether at maturitythe maturity or interest payment or mandatory redemption date, by acceleration, by call for redemption or otherwise, and interest on the overdue principal, principal of and premium, if any, and (to the extent permitted by law) interest on any interest, if any, on the Advances, any promissory note issued hereunder Notes and all other obligations of the Company to the Lenders Holders or the Agent hereunder (including fees and expenses) Trustee under this Indenture or the Notes will be promptly paid in fullfull or performed, all in accordance with the terms hereofof this Indenture and the Notes; and (ii) in case of any extension of time of payment or renewal of any of the Advances Notes or any of such other obligations, the same they will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed, or failing performance of any other obligation of the Company to the Lenders or the Agent, guaranteed for whatever reason, the each Guarantor will be obligated to pay, or to perform or to cause the performance of, pay the same immediately. An whether or not such failure to pay has become an Event of Default under which could cause acceleration pursuant to Section 6.02 hereof. Each Guarantor agrees that this Agreement shall constitute an event is a guarantee of default under this Guarantee, and shall entitle the Lenders to accelerate the obligations payment not a guarantee of the Guarantor under this Guarantee in the same manner and to the same extent as the obligations of the Companycollection.

Appears in 1 contract

Samples: Indenture (Iron Mountain Inc /De)

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