Predecessor Guarantor definition
Examples of Predecessor Guarantor in a sentence
Thereafter, all obligations of the Predecessor Guarantor with respect to the Notes shall terminate.
Every such Successor Guarantor, upon executing an indenture supplemental hereto as provided in this Section 7.3 in form satisfactory to the Trustee, shall succeed to and be substituted for the Predecessor Guarantor with the same effect as if it had been named herein as a Guarantor; and any order, certificate or resolution of the Board or officers of a Guarantor provided for in this Indenture may be made by like officials of such Successor Guarantor.
Each of the Texas LLC Guarantors is hereby substituted for, and may exercise every right and power of, the applicable Predecessor Guarantor under the Indenture with the same effect as if each of the Texas LLC Guarantors had been named as Guarantors in the Indenture, and each of the Texas LLC Guarantors is a successor Person under the Indenture.
Each of the Texas LLC Guarantors hereby assumes the obligations of the applicable Predecessor Guarantor for the due and punctual payment of the principal of, premium, if any, and interest on all outstanding Notes issued pursuant to the Indenture and the performance and observance of each other obligation and covenant set forth in the Indenture, its respective Subsidiary Guarantee and the Registration Rights Agreement to be performed or observed on the part of the Predecessor Guarantor.
Each Successor Guarantor hereby agrees to unconditionally assume all of the obligations of its Predecessor Guarantor under such Predecessor Guarantor’s Note Guarantee, the Indenture and the Registration Rights Agreement.
Guarantor, Predecessor Guarantor, Buyer and Repo Agent have caused this Third Amended and Restated Guaranty Agreement to be duly executed and delivered as of the date first above written.
The Predecessor Obligor, the Predecessor Guarantor and the New Parent Corporation have entered into an amendment and restatement dated as of October 3, 1997 of a Merger and Reorganization Agreement (which as so amended and restated is herein called the "Merger Agreement") and the New Parent Corporation has executed and filed in Delaware a certificate (the "Merger Certificate") to cause the occurrence of the merger specified in Part 2 of the Merger Agreement (herein called the "Merger").
Notwithstanding anything to the contrary, permissible Financial Institution assignees of Guaranty shall have no rights against Guarantor or with respect to the Guaranty unless (i) Purchaser is in default of its obligations under applicable agreements between Purchaser and such Financial Institution and (ii) such permissible Financial Institution assignees have pursued all available remedies against Purchaser.
The New Guarantor hereby expressly assumes all the obligations of the Predecessor Guarantor under the Indenture and the Note Guarantee endorsed by the Predecessor Guarantor upon the Notes and the due and punctual performance of all the covenants and conditions of the Indenture to be performed by the Predecessor Guarantor.
Buyer, Repo Agent, Predecessor Guarantor and Guarantor intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties.