Examples of Trico Cayman in a sentence
Additionally, each of Trico Holdco, Trico Cayman and Holdings unconditionally and irrevocably guarantees to the Guaranteed Creditors the payment of any and all of the Guaranteed Obligations whether or not due or payable by the Borrower upon the occurrence of any of the events specified in Section 11.05, and unconditionally, irrevocably, jointly and severally promises to pay such indebtedness to the Guaranteed Creditors, or order, on demand.
The obligations of each of Trico Holdco, Trico Cayman and Holdings hereunder are several and are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Trico Holdco, Trico Cayman or Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions.
Prior to the transfer by Trico Holdco, Trico Cayman or Holdings of any note or negotiable instrument evidencing any such indebtedness of the Borrower to Trico Holdco, Trico Cayman or Holdings, as the case may be, shall xxxx such note or negotiable instrument with a legend that the same is subject to this subordination.
Each of Trico Holdco, Trico Cayman and Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof.
It is not necessary for any Guaranteed Creditor to inquire into the capacity or powers of each of Trico Holdco, Trico Cayman and Holdings or any of their Subsidiaries 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.
Each of Trico Holdco, Trico Cayman and Holdings 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 Trico Holdco, Trico Cayman or Holdings against the Borrower, or any other party or any security.
If any or all of the Guaranteed Obligations becomes due and payable hereunder, each of Trico Holdco, Trico Cayman and Holdings, unconditionally and irrevocably, undertake to pay such indebtedness to the Administrative Agent and/or the other Guaranteed Creditors, or order, on demand, together with any and all reasonable documented out-of-pocket expenses which may be incurred by the Administrative Agent and the other Guaranteed Creditors in collecting any of the Guaranteed Obligations.
Without limiting the generality of the foregoing, each of Trico Holdco, Trico Cayman and Holdings hereby agrees with the Guaranteed Creditors that they will not exercise any right of subrogation which they may at any time otherwise have as a result of these Holdco Guarantees (whether contractual, under Section 509 of the Bankruptcy Code or otherwise) until all Guaranteed Obligations have been paid in full in cash.
Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Trico Holdco, Trico Cayman and Holdings.
For the avoidance of doubt, until the expiration of the Forbearance Period, the commencement and continuation of a Parent Bankruptcy Case shall be deemed not to result in any Default, Event of Default or a breach of any other covenant or term of this Agreement; provided, however, that rights of the Administrative Agent and the Lenders to enforce the obligations of the Parent, Trico Cayman and/or Trico Holdco under their Guarantees are expressly reserved.