Examples of Arch Europe in a sentence
Prior to the transfer by the Parent Borrower of any note or negotiable instrument evidencing any of the indebtedness of Arch Europe to the Parent Borrower, the Parent Borrower shall xxxx such note or negotiable instrument with a legend that the same is subject to this subordination.
Notwithstanding anything to the contrary contained herein, any guaranty provided under this Agreement or any other Credit Document will continue to be effective or be reinstated, as the case may be, if at any time any payment of any Guaranteed Obligation is rescinded or must otherwise be returned by the Guaranteed Creditors upon the insolvency, bankruptcy or reorganization of Arch Europe or otherwise, all as though such payment had not been made.
The obligations of the Parent Borrower under this Article XII are independent of the obligations of any other guarantor, any other party or Arch Europe, and a separate action or actions may be brought and prosecuted against the Parent Borrower whether or not action is brought against any other guarantor, any other party or Arch Europe and whether or not any other guarantor, any other party or any Guaranteed Party be joined in any such action or actions.
The Parent Borrower waives any defense arising out of any such election by the Guaranteed Creditors, even though such election operates to impair or extinguish any right of reimbursement or subrogation or other right or remedy of the Parent Borrower against Arch Europe or any other party or any security.
It is not necessary for the Guaranteed Creditors to inquire into the capacity or powers of Arch Europe or the officers, directors, partners or agents acting or purporting to act on their behalf, and any Guaranteed Obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed hereunder.
The Parent Borrower waives any defense based on or arising out of any defense of Arch Europe, any other guarantor or any other party, other than payment in full of the Guaranteed Obligations, based on or arising out of the disability of Arch Europe, any other guarantor or any other party, or the unenforceability of the Guaranteed Obligations or any part thereof from any cause, or the cessation from any cause of the liability of Arch Europe other than payment in full of the Guaranteed Obligations.
Any payment by Arch Europe or other circumstance which operates to toll any statute of limitations as to Arch Europe shall operate to toll the statute of limitations as to the Parent Borrower.
Additionally, the Parent Borrower unconditionally and irrevocably guarantees the payment of any and all of the Guaranteed Obligations of Arch Europe hereunder to the Guaranteed Creditors whether or not due or payable by Arch Europe upon the occurrence of any of the events specified in Section 8.05 with respect to Arch Europe, and unconditionally promises to pay such indebtedness to the Guaranteed Creditors, or order, on demand, in lawful money of the United States.
Neither of the Employee nor his spouse or estate shall have any right to commute, encumber or dispose of any right to receive payments under this Agreement, it being agreed that such payments and the rights thereto are nonassignable and nontransferable.
All payments made by the Parent Borrower hereunder will be made without setoff, counterclaim or other defense and on the same basis as payments are made by Arch Europe under Section 2.16 of the Credit Agreement.”.