Examples of Xxxxxx Luxembourg Obligations in a sentence
The Guarantor agrees that, while any default in the payment or performance of any of the Xxxxxx Luxembourg Obligations or the Xxxxxx Switzerland Obligations exists, the Guarantor will not demand, xxx for or otherwise attempt to collect any such indebtedness of the Company to the Guarantor until all of the Xxxxxx Luxembourg Obligations and the Xxxxxx Switzerland Obligations shall have been paid in full or such default ceases to exist.
No such notice shall affect any rights of the Administrative Agent or any Lender hereunder, including without limitation the rights set forth in §§4 and 6, with respect to any Xxxxxx Luxembourg Obligations or Xxxxxx Switzerland Obligations incurred or accrued prior to the receipt of such notice or any Xxxxxx Luxembourg Obligations or Xxxxxx Switzerland Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt.
In the event that acceleration of the time for payment of any of the Xxxxxx Luxembourg Obligations is stayed upon the insolvency, bankruptcy or reorganization of the Company, or for any other reason, all such amounts otherwise subject to acceleration under the terms of the Credit Agreement, the Notes, the other Loan Documents or any other agreement evidencing, securing or otherwise executed in connection with any Xxxxxx Luxembourg Obligation shall be immediately due and payable by the Guarantor.
The payment of any amounts due with respect to any indebtedness of either Company for money borrowed or credit received now or hereafter owed to the Guarantor is hereby subordinated to the prior payment in full of all of the Xxxxxx Luxembourg Obligations and the Xxxxxx Switzerland Obligations.
The Guarantor agrees that the Xxxxxx Luxembourg Obligations and the Xxxxxx Switzerland Obligations will be paid and performed strictly in accordance with their respective terms, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Administrative Agent or any Lender with respect thereto.
The Second Amended and Restated BGI Guaranty, dated as of February 10, 2021, executed by BGI in favor of the Administrative Agent, for the benefit of itself and the other Credit Parties, of the payment and performance of all Obligations, including the Xxxxxx Germany Obligations, the Xxxxxx Luxembourg Obligations, the Xxxxxx Switzerland Obligations and the Obligations of each Subsidiary of each Borrower, in the form of Exhibit F attached hereto.
The guaranty dated as of the date hereof executed pursuant to §6.2 in favor of the Administrative Agent and the Lenders, of the payment and performance of the Xxxxxx Luxembourg Obligations in the form of Exhibit H attached hereto.
The Second Amended and Restated Guaranty, dated as of February 10, 2021, executed by Xxxxxx Switzerland in favor of the Administrative Agent, for the benefit of itself and the other Credit Parties, of the payment and performance of the Xxxxxx Germany Obligations and the Xxxxxx Luxembourg Obligations in the form of Exhibit H attached hereto.
This Xxxxxx Switzerland Guaranty shall remain in full force and effect until the Administrative Agent is given written notice of the Guarantor’s intention to discontinue this Xxxxxx Switzerland Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Xxxxxx Luxembourg Obligations.
This Xxxxxx Switzerland Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Luxembourg Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender first attempt to collect any of the Xxxxxx Luxembourg Obligations from the Company or resort to any collateral security or other means of obtaining payment.