Common use of Future Guarantees Clause in Contracts

Future Guarantees. The Notes will not be Guaranteed by any of the Issuers’ Subsidiaries on the Closing Date. After the Closing Date, Wise Intermediate Holdings will cause each Restricted Subsidiary (other than XxxXx) that Guarantees any Indebtedness of either Issuer (“Guaranteed Indebtedness”) within ten business days of the date on which such Restricted Subsidiary Guarantees such Guaranteed Indebtedness to execute and deliver a supplemental indenture in the form of Exhibit B pursuant to which such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any, and interest on the Notes and all other obligations under this Indenture on the terms and conditions as set forth in this Indenture. If the Guaranteed Indebtedness is (i) pari passu in right of payment with the Notes, then the Guarantee of such Guaranteed Indebtedness shall be pari passu in right of payment with, or subordinated to, the Subsidiary Guarantee or (ii) subordinated in right of payment to the Notes, then the Guarantee of such Guaranteed Indebtedness shall be subordinated in right of payment to the Subsidiary Guarantee at least to the extent that the Guaranteed Indebtedness is subordinated to the Notes.

Appears in 1 contract

Samples: Indenture (Constellium N.V.)

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Future Guarantees. The Notes will not be Guaranteed by any of the Issuers’ Subsidiaries on the Closing Date. After the Closing Date, Wise Intermediate Holdings will Company shall cause each Restricted Subsidiary (other than XxxXxincluding each Subsidiary that the Company acquires or creates after the date hereof) that Guarantees subsequent to the date hereof guarantees any Indebtedness of either Issuer the Company (hereinafter such Subsidiary, a “Future Subsidiary Guarantor” and such guarantees, the “Guaranteed Indebtedness”) within ten business to fully and unconditionally guarantee the Company’s obligations under the Indenture and this Third Supplemental Indenture with respect to payment and performance of the Series G Notes to the same extent that such Guaranteed Indebtedness is guaranteed by the Future Subsidiary Guarantors. Within 60 days of the date on which of such Restricted occurrence, such Future Subsidiary Guarantees such Guaranteed Indebtedness Guarantor shall execute or deliver to execute and deliver the Trustee a supplemental indenture in making such Future Subsidiary Guarantor a party to the form of Exhibit B pursuant to which Indenture for such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any, and interest on the Notes and all other obligations under this Indenture on the terms and conditions as set forth in this Indenturepurpose. If the Guaranteed Indebtedness is (iA) pari passu in right of payment with the Series G Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be pari passu in right of payment with, or subordinated in right of payment to, the Subsidiary Guarantee guarantee of the Series G Notes required hereby or (iiB) subordinated in right of payment to the Series G Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be subordinated in right of payment to the Subsidiary Guarantee guarantee of the Series G Notes required hereby at least to the extent that the Guaranteed Indebtedness is subordinated in right of payment to the Series G Notes. Upon the complete and unconditional release of the Future Subsidiary Guarantor from its guarantee of the Guaranteed Indebtedness, such Future Subsidiary Guarantor’s guarantee of the Series G Notes shall be automatically released.

Appears in 1 contract

Samples: Third Supplemental Indenture (Host Hotels & Resorts, Inc.)

Future Guarantees. The Notes will not be Guaranteed by any of the Issuers’ Subsidiaries on the Closing Date. After the Closing Date, Wise Intermediate Holdings will Company shall cause each Restricted Subsidiary (other than XxxXxincluding each Subsidiary that the Company acquires or creates after the date hereof) that Guarantees subsequent to the date hereof guarantees any Indebtedness of either Issuer the Company (hereinafter such Subsidiary, a “Future Subsidiary Guarantor” and such guarantees, the “Guaranteed Indebtedness”) within ten business to fully and unconditionally guarantee the Company’s obligations under the Indenture and this Fifth Supplemental Indenture with respect to payment and performance of the Series H Notes to the same extent that such Guaranteed Indebtedness is guaranteed by the Future Subsidiary Guarantors. Within 60 days of the date on which of such Restricted occurrence, such Future Subsidiary Guarantees such Guaranteed Indebtedness Guarantor shall execute or deliver to execute and deliver the Trustee a supplemental indenture in making such Future Subsidiary Guarantor a party to the form of Exhibit B pursuant to which Indenture for such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any, and interest on the Notes and all other obligations under this Indenture on the terms and conditions as set forth in this Indenturepurpose. If the Guaranteed Indebtedness is (iA) pari passu in right of payment with the Series H Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be pari passu in right of payment with, or subordinated in right of payment to, the Subsidiary Guarantee guarantee of the Series H Notes required hereby or (iiB) subordinated in right of payment to the Series H Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be subordinated in right of payment to the Subsidiary Guarantee guarantee of the Series H Notes required hereby at least to the extent that the Guaranteed Indebtedness is subordinated in right of payment to the Series H Notes. Upon the complete and unconditional release of the Future Subsidiary Guarantor from its guarantee of the Guaranteed Indebtedness, such Future Subsidiary Guarantor’s guarantee of the Series H Notes shall be automatically released.

Appears in 1 contract

Samples: Supplemental Indenture (Host Hotels & Resorts L.P.)

Future Guarantees. The Notes will not be Guaranteed by any of the Issuers’ Subsidiaries on the Closing Date. After the Closing Date, Wise Intermediate Holdings will Company shall cause each Restricted Subsidiary (other than XxxXxincluding each Subsidiary that the Company acquires or creates after the date hereof) that Guarantees subsequent to the date hereof guarantees any Indebtedness of either Issuer the Company (hereinafter such Subsidiary, a “Future Subsidiary Guarantor” and such guarantees, the “Guaranteed Indebtedness”) within ten business to fully and unconditionally guarantee the Company’s obligations under the Indenture and this First Supplemental Indenture with respect to payment and performance of the Series E Notes to the same extent that such Guaranteed Indebtedness is guaranteed by the Future Subsidiary Guarantors. Within 60 days of the date on which of such Restricted occurrence, such Future Subsidiary Guarantees such Guaranteed Indebtedness Guarantor shall execute or deliver to execute and deliver the Trustee a supplemental indenture in making such Future Subsidiary Guarantor a party to the form of Exhibit B pursuant to which Indenture for such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any, and interest on the Notes and all other obligations under this Indenture on the terms and conditions as set forth in this Indenturepurpose. If the Guaranteed Indebtedness is (iA) pari passu in right of payment with the Series E Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be pari passu in right of payment with, or subordinated in right of payment to, the Subsidiary Guarantee guarantee of the Series E Notes required hereby or (iiB) subordinated in right of payment to the Series E Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be subordinated in right of payment to the Subsidiary Guarantee guarantee of the Series E Notes required hereby at least to the extent that the Guaranteed Indebtedness is subordinated in right of payment to the Series E Notes. Upon the complete and unconditional release of the Future Subsidiary Guarantor from its guarantee of the Guaranteed Indebtedness, such Future Subsidiary Guarantor’s guarantee of the Series E Notes shall be automatically released.

Appears in 1 contract

Samples: First Supplemental Indenture (Host Hotels & Resorts L.P.)

Future Guarantees. The Notes will not be Guaranteed by any of the Issuers’ Subsidiaries on the Closing Date. After the Closing Date, Wise Intermediate Holdings will Company shall cause each Restricted Subsidiary (other than XxxXxincluding each Subsidiary that the Company acquires or creates after the date hereof) that Guarantees subsequent to the date hereof guarantees any Indebtedness of either Issuer the Company (hereinafter such Subsidiary, a “Future Subsidiary Guarantor” and such guarantees, the “Guaranteed Indebtedness”) within ten business to fully and unconditionally guarantee the Company’s obligations under the Indenture and this Second Supplemental Indenture with respect to payment and performance of the Series F Notes to the same extent that such Guaranteed Indebtedness is guaranteed by the Future Subsidiary Guarantors. Within 60 days of the date on which of such Restricted occurrence, such Future Subsidiary Guarantees such Guaranteed Indebtedness Guarantor shall execute or deliver to execute and deliver the Trustee a supplemental indenture in making such Future Subsidiary Guarantor a party to the form of Exhibit B pursuant to which Indenture for such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any, and interest on the Notes and all other obligations under this Indenture on the terms and conditions as set forth in this Indenturepurpose. If the Guaranteed Indebtedness is (iA) pari passu in right of payment with the Series F Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be pari passu in right of payment with, or subordinated in right of payment to, the Subsidiary Guarantee guarantee of the Series F Notes required hereby or (iiB) subordinated in right of payment to the Series F Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be subordinated in right of payment to the Subsidiary Guarantee guarantee of the Series F Notes required hereby at least to the extent that the Guaranteed Indebtedness is subordinated in right of payment to the Series F Notes. Upon the complete and unconditional release of the Future Subsidiary Guarantor from its guarantee of the Guaranteed Indebtedness, such Future Subsidiary Guarantor’s guarantee of the Series F Notes shall be automatically released.

Appears in 1 contract

Samples: Indenture (Host Hotels & Resorts L.P.)

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Future Guarantees. The Notes will not be Guaranteed by any of the Issuers’ Subsidiaries on the Closing Date. After the Closing Date, Wise Intermediate Holdings will Company shall cause each Restricted Subsidiary (other than XxxXxincluding each Subsidiary that the Company acquires or creates after the date hereof) that Guarantees subsequent to the date hereof guarantees any Indebtedness of either Issuer the Company (hereinafter such Subsidiary, a “Future Subsidiary Guarantor” and such guarantees, the “Guaranteed Indebtedness”) within ten business to fully and unconditionally guarantee the Company’s obligations under the Indenture and this Seventh Supplemental Indenture with respect to payment and performance of the Series J Notes to the same extent that such Guaranteed Indebtedness is guaranteed by the Future Subsidiary Guarantors. Within 60 days of the date on which of such Restricted occurrence, such Future Subsidiary Guarantees such Guaranteed Indebtedness Guarantor shall execute or deliver to execute and deliver the Trustee a supplemental indenture in making such Future Subsidiary Guarantor a party to the form of Exhibit B pursuant to which Indenture for such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any, and interest on the Notes and all other obligations under this Indenture on the terms and conditions as set forth in this Indenturepurpose. If the Guaranteed Indebtedness is (iA) pari passu in right of payment with the Series J Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be pari passu in right of payment with, or subordinated in right of payment to, the Subsidiary Guarantee guarantee of the Series J Notes required hereby or (iiB) subordinated in right of payment to the Series J Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be subordinated in right of payment to the Subsidiary Guarantee guarantee of the Series J Notes required hereby at least to the extent that the Guaranteed Indebtedness is subordinated in right of payment to the Series J Notes. Upon the complete and unconditional release of the Future Subsidiary Guarantor from its guarantee of the Guaranteed Indebtedness, such Future Subsidiary Guarantor’s guarantee of the Series J Notes shall be automatically released.

Appears in 1 contract

Samples: Supplemental Indenture (Host Hotels & Resorts L.P.)

Future Guarantees. The Notes will not be Guaranteed by any of the Issuers’ Subsidiaries on the Closing Date. After the Closing Date, Wise Intermediate Holdings will Company shall cause each Restricted Subsidiary (other than XxxXxincluding each Subsidiary that the Company acquires or creates after the date hereof) that Guarantees subsequent to the date hereof guarantees any Indebtedness of either Issuer the Company (hereinafter such Subsidiary, a “Future Subsidiary Guarantor” and such guarantees, the “Guaranteed Indebtedness”) within ten business to fully and unconditionally guarantee the Company’s obligations under the Indenture and this Sixth Supplemental Indenture with respect to payment and performance of the Series I Notes to the same extent that such Guaranteed Indebtedness is guaranteed by the Future Subsidiary Guarantors. Within 60 days of the date on which of such Restricted occurrence, such Future Subsidiary Guarantees such Guaranteed Indebtedness Guarantor shall execute or deliver to execute and deliver the Trustee a supplemental indenture in making such Future Subsidiary Guarantor a party to the form of Exhibit B pursuant to which Indenture for such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any, and interest on the Notes and all other obligations under this Indenture on the terms and conditions as set forth in this Indenturepurpose. If the Guaranteed Indebtedness is (iA) pari passu in right of payment with the Series I Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be pari passu in right of payment with, or subordinated in right of payment to, the Subsidiary Guarantee guarantee of the Series I Notes required hereby or (iiB) subordinated in right of payment to the Series I Notes, then the Guarantee guarantee of such Guaranteed Indebtedness shall be subordinated in right of payment to the Subsidiary Guarantee guarantee of the Series I Notes required hereby at least to the extent that the Guaranteed Indebtedness is subordinated in right of payment to the Series I Notes. Upon the complete and unconditional release of the Future Subsidiary Guarantor from its guarantee of the Guaranteed Indebtedness, such Future Subsidiary Guarantor’s guarantee of the Series I Notes shall be automatically released.

Appears in 1 contract

Samples: Supplemental Indenture (Host Hotels & Resorts L.P.)

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