Common use of THE NEW GUARANTEE Clause in Contracts

THE NEW GUARANTEE. For value received, the New Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if the New Guarantor were the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the New Guarantee). The agreements made and obligations assumed hereunder by the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if it were originally named therein as a Guarantor.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Canandaigua LTD), Supplemental Indenture (Canandaigua LTD)

AutoNDA by SimpleDocs

THE NEW GUARANTEE. For value received, the New Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if the New Guarantor were was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the New Guarantee). The agreements made and obligations assumed hereunder by the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if it were the New Guarantor was originally named therein as a Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Constellation Brands Inc), Supplemental Indenture (Constellation Brands Inc)

THE NEW GUARANTEE. For value received, the each New Guarantor, in accordance with Article Fourteen of the Indenture, Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the "β€œNew Guarantee"”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if the such New Guarantor were was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the this New Guarantee). The agreements made and obligations assumed hereunder by the each New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the IndentureIndentures, and the such New Guarantor shall be considered a Guarantor for all purposes of the Indenture Indentures as if it were such New Guarantor was originally named therein as a Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, the New Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if the New Guarantor were was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable reasonably legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the this New Guarantee). The agreements made and obligations assumed hereunder by the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if it were was originally named therein as a Guarantor.

Appears in 1 contract

Samples: Third Supplemental Indenture (Canandaigua LTD)

THE NEW GUARANTEE. Section 1.01. For value received, the New Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if the New Guarantor were was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the New Guarantee). The agreements made and obligations assumed hereunder by the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if it were was originally named therein as a Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Canandaigua LTD)

THE NEW GUARANTEE. For value received, the New Guarantor, in accordance with Article Fourteen of the Indenture, Guarantors hereby absolutely, unconditionally and irrevocably guarantees guarantee (the "New Guarantee"), jointly and severally among itself themselves and the Guarantors, to the Trustee and the Holders, as if the each New Guarantor were was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the this New Guarantee). The agreements made and obligations assumed hereunder by the New Guarantor Guarantors shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the Indenture, and Indentures as if each of the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if it were Guarantors was originally named therein as a the Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Canandaigua LTD)

AutoNDA by SimpleDocs

THE NEW GUARANTEE. Section 1.01. For value received, the New Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if the New Guarantor were the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable reasonably legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the this New Guarantee). The agreements made and obligations assumed hereunder by the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if it were was originally named therein as a GuarantorSubsidiary.

Appears in 1 contract

Samples: Supplemental Indenture (Roberts Trading Corp)

THE NEW GUARANTEE. For value received, the New GuarantorGuarantors, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees guarantee (the "New GuaranteeGuarantees"), jointly and severally among itself themselves and the Guarantors, to the Trustee and the Holders, as if the New Guarantor Guarantors were the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee Guarantees shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the New GuaranteeGuarantees). The agreements made and obligations assumed hereunder by the New Guarantor Guarantors shall each constitute and shall each be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and the each New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if it were was originally named therein as a Guarantor.

Appears in 1 contract

Samples: Third Supplemental Indenture (Roberts Trading Corp)

THE NEW GUARANTEE. Section 1.01. For value received, the New GuarantorGuarantors, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees guarantee (the "New Guarantee"), jointly and severally among itself themselves and the Guarantors, to the Trustee and the Holders, as if the each New Guarantor were was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of the New Guarantee). The agreements made and obligations assumed hereunder by the New Guarantor Guarantors shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and the each New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if it were each New Guarantor was originally named therein as a Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Canandaigua LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!