Common use of The Guarantees Clause in Contracts

The Guarantees. (a) Subject to the provisions of this Article, each Guarantor hereby irrevocably and unconditionally guarantees, jointly and severally, on an unsecured basis, the full and punctual payment (whether at Stated Maturity, upon redemption, purchase or acceleration, or otherwise) of the principal of, premium, if any, and interest on, and all other amounts payable under, each Note, and the full and punctual payment of all other amounts payable by the Company under the Indenture. Upon failure by the Company to pay punctually any such amount, each Guarantor shall forthwith on demand pay the amount not so paid at the place and in the manner specified in the Indenture. (b) If (i) the Company or any of its Restricted Subsidiaries shall acquire or create another Domestic Subsidiary (other than a Securitization Subsidiary) after the date of the Indenture or (ii) any Foreign Subsidiary Guarantees (or otherwise becomes liable for) Indebtedness of the Company or a Guarantor, then the Company shall cause such Subsidiary to become a Guarantor and: (1) execute a supplemental indenture in the form of Exhibit B, in accordance with the terms of the Indenture, pursuant to which such Subsidiary shall unconditionally guarantee, on a senior secured basis, all of the Company’s obligations under the Indenture Documents on the terms set forth in the Indenture; and (2) take such further action and execute and deliver such other documents specified in the Indenture Documents or otherwise reasonably requested by the Trustee to give effect to the foregoing.

The Guarantees. (a) Subject To induce the Bank to provide the provisions credits described herein and in consideration of this Articlebenefits expected to accrue to each Guarantor by reason of the commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor hereby unconditionally and irrevocably and unconditionally guarantees, guarantees jointly and severallyseverally to the Bank, on an unsecured basisand each other holder of any Obligations, the full due and punctual payment (whether at Stated Maturityof all present and future Obligations, upon redemptionincluding, purchase or accelerationbut not limited to, or otherwise) the due and punctual payment of the principal of, premium, if any, of and interest onon the Note, the due and punctual payment of all other amounts payable under, each Noteobligations owing under the Applications, and the full due and punctual payment of all other amounts payable Obligations now or hereafter owed by the Company under the IndentureLoan Documents as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof; provided, however, that, with respect to any Guarantor, Obligations consisting of Hedging Liability guaranteed by such Guarantor shall exclude all Excluded Swap Obligations. Upon In case of failure by the Company punctually to pay punctually any such amountindebtedness or other Obligations guaranteed hereby, each Guarantor shall forthwith on demand pay the amount not so paid at the place hereby unconditionally agrees jointly and in the manner specified in the Indenture. (b) If (i) the Company severally to make such payment or any of its Restricted Subsidiaries shall acquire or create another Domestic Subsidiary (other than a Securitization Subsidiary) after the date of the Indenture or (ii) any Foreign Subsidiary Guarantees (or otherwise becomes liable for) Indebtedness of the Company or a Guarantor, then the Company shall to cause such Subsidiary payment to be made punctually as and when the same shall become a Guarantor and: (1) execute a supplemental indenture in the form of Exhibit Bdue and payable, in accordance with the terms of the Indenturewhether at stated maturity, pursuant to which by acceleration or otherwise, and as if such Subsidiary shall unconditionally guarantee, on a senior secured basis, all of payment were made by the Company’s obligations under the Indenture Documents on the terms set forth in the Indenture; and (2) take such further action and execute and deliver such other documents specified in the Indenture Documents or otherwise reasonably requested by the Trustee to give effect to the foregoing.

The Guarantees. (a) Subject to the provisions of this Article, each Guarantor hereby irrevocably and unconditionally guarantees, jointly and severally, on an unsecured basis, the full and punctual payment (whether at Stated Maturity, upon redemption, purchase or acceleration, or otherwise) of the principal of, premium, if any, and interest on, and all other amounts payable under, each Note, and the full and punctual payment of all other amounts payable by the Company under the Indenture. Upon failure by the Company to pay punctually any such amount, each Guarantor shall forthwith on demand pay the amount not so paid at the place and in the manner specified in the Indenture. (b) If (i) the Company or any of its Restricted Subsidiaries shall acquire or create another Domestic Subsidiary (other than a Securitization Subsidiary) after the date of the Indenture or (ii) any Foreign Subsidiary Guarantees (or otherwise becomes liable for) Indebtedness of the Company Company, a Guarantor or a GuarantorCash America, then the Company shall cause such Subsidiary to become a Guarantor and: (1) execute a supplemental indenture in the form of Exhibit Bindenture, in accordance with the terms of the Indenture, pursuant to which such Subsidiary shall unconditionally guarantee, on a senior secured basis, all of the Company’s obligations Obligations under the Indenture Documents on the terms set forth in the Indenture; and; (2) take such further action and execute and deliver such other documents specified in the Indenture Documents or otherwise reasonably requested by the Trustee to give effect to the foregoing; and (3) deliver to the Trustee an Opinion of Counsel that such supplemental indenture and any other documents required to be delivered have been duly authorized, executed and delivered by such Subsidiary and constitute legal, valid, binding and enforceable obligations of such Subsidiary.

The Guarantees. (a) Subject to the provisions of this Article, each Guarantor hereby irrevocably and unconditionally guarantees, jointly and severally, on an unsecured basis, the full and punctual payment (whether at Stated Maturity, upon redemption, purchase or acceleration, or otherwise) of the principal of, premium, if any, and interest on, and all other amounts payable under, each Note, and the full and punctual payment of all other amounts payable by the Company under the Indenture. Upon failure by the Company to pay punctually any such amount, each Guarantor shall forthwith on demand pay the amount not so paid at the place and in the manner specified in the Indenture. (b) If (i) the Company or any of its Restricted Subsidiaries shall acquire or create another Domestic Subsidiary (other than a Securitization Subsidiary) after the date of the Indenture that Guarantees (or otherwise becomes liable for) Indebtedness under the Credit Agreement or other capital markets debt securities of the Company or any Guarantor or (ii) any Foreign Subsidiary Guarantees (or otherwise becomes liable for) Indebtedness under the Credit Agreement or other capital markets debt securities of the Company or a any Guarantor, then the Company shall cause such Subsidiary to become a Guarantor and: (1) execute a supplemental indenture in the form of Exhibit B, in accordance with the terms of the Indenture, pursuant to which such Subsidiary shall unconditionally guarantee, on a senior secured basis, all of the Company’s obligations under the Indenture Documents on the terms set forth in the Indenture; and (2) take such further action and execute and deliver such other documents specified in the Indenture Documents or otherwise reasonably requested by the Trustee to give effect to the foregoing.

The Guarantees. (a) Subject Except as specified in clause (b) below and subject to the provisions of this ArticleArticle 13, each Subsidiary Guarantor hereby irrevocably and unconditionally guaranteesguarantees (the "Guaranteed Amount"), jointly and severally, on an unsecured senior subordinated basis, the full and punctual payment (whether at Stated Maturity, upon acceleration, optional redemption, purchase upon repurchase following a Change of Control Offer or acceleration, an Excess Proceeds Offer or otherwise) of the principal of, premium, if any, and interest on, and all other amounts payable under, each NoteNote provided for under this Indenture, and the full and punctual payment of all other amounts payable by the Company Issuers under the this Indenture. Upon failure by the Company Issuers to pay punctually any such amount, each Subsidiary Guarantor shall forthwith on demand pay the amount not so paid at the place and in the manner specified in the this Indenture. (b) If Prior to the date when RC/Arby's existing notes have been redeemed (i) the Company or any "Redemption Date"), the Guaranteed Amount with respect to RC/Arby's and each of its Domestic Restricted Subsidiaries shall acquire or create another be zero. On the redemption date, the Guaranteed Amount with respect to RC/Arby's and each of its Domestic Subsidiary Restricted Subsidiaries shall automatically, and without the need for further action, be the amounts described in clause (other than a Securitization Subsidiary) after the date of the Indenture or (ii) any Foreign Subsidiary Guarantees (or otherwise becomes liable for) Indebtedness of the Company or a Guarantor, then the Company shall cause such Subsidiary to become a Guarantor and: (1) execute a supplemental indenture in the form of Exhibit B, in accordance with the terms of the Indenture, pursuant to which such Subsidiary shall unconditionally guarantee, on a senior secured basis, all of the Company’s obligations under the Indenture Documents on the terms set forth in the Indenture; and (2) take such further action and execute and deliver such other documents specified in the Indenture Documents or otherwise reasonably requested by the Trustee to give effect to the foregoinga).

The Guarantees. (a) Subject To induce the Bank to provide the provisions credits described herein and in consideration of this Articlebenefits expected to accrue to each Guarantor by reason of the commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor hereby unconditionally and irrevocably and unconditionally guarantees, guarantees jointly and severallyseverally to the Bank, on an unsecured basisand each other holder of any Obligations, the full due and punctual payment (whether at Stated Maturityof all present and future Obligations, upon redemptionincluding, purchase or accelerationbut not limited to, or otherwise) the due and punctual payment of the principal of, premium, if any, of and interest onon the Note, the due and punctual payment of all other amounts payable under, each Noteobligations owing under the Applications, and the full due and punctual payment of all other amounts payable Obligations now or hereafter owed by the Company under the Indenture. Upon Loan Documents as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof; provided, however, that, with respect to any Guarantor, Obligations consisting of Hedging Liability guaranteed by such Guarantor shall exclude all Excluded Swap Obligations.. In case of failure by the Company punctually to pay punctually any such amountindebtedness or other Obligations guaranteed hereby, each Guarantor shall forthwith on demand pay the amount not so paid at the place hereby unconditionally agrees jointly and in the manner specified in the Indenture. (b) If (i) the Company severally to make such payment or any of its Restricted Subsidiaries shall acquire or create another Domestic Subsidiary (other than a Securitization Subsidiary) after the date of the Indenture or (ii) any Foreign Subsidiary Guarantees (or otherwise becomes liable for) Indebtedness of the Company or a Guarantor, then the Company shall to cause such Subsidiary payment to be made punctually as and when the same shall become a Guarantor and: (1) execute a supplemental indenture in the form of Exhibit Bdue and payable, in accordance with the terms of the Indenturewhether at stated maturity, pursuant to which by acceleration or otherwise, and as if such Subsidiary shall unconditionally guarantee, on a senior secured basis, all of payment were made by the Company’s obligations under the Indenture Documents on the terms set forth in the Indenture; and (2) take such further action and execute and deliver such other documents specified in the Indenture Documents or otherwise reasonably requested by the Trustee to give effect to the foregoing.