Common use of Guarantee of Obligations Clause in Contracts

Guarantee of Obligations. Each Guarantor unconditionally jointly and severally guarantees to each Lender, each Hedge Bank, each Cash Management Bank and the Administrative Agent that the Obligations will be performed and will be paid in full in cash when due and payable, whether at the stated or accelerated maturity thereof or otherwise, this guarantee being a guarantee of payment and not of collectability and being absolute and in no way conditional or contingent. In the event any part of the Obligations shall not have been so paid in full when due and payable, each Guarantor will, immediately upon notice by the Administrative Agent or, without notice, immediately upon the occurrence of a Bankruptcy Default, pay or cause to be paid to the Administrative Agent the amount of such Obligations which are then due and payable and unpaid for application in accordance with Section 8.05. The obligations of each Guarantor hereunder shall not be affected by the invalidity, unenforceability or irrecoverability of any of the Obligations as against any other Loan Party, any other guarantor thereof or any other Person. For purposes hereof, the Obligations shall be due and payable when and as the same shall be due and payable under the terms of this Agreement or any other Loan Document notwithstanding the fact that the collection or enforcement thereof may be stayed or enjoined under Debtor Relief Laws or other applicable law. For purposes of the remainder of this Article X only, the term “Lender” shall be deemed to include each Hedge Bank and each Cash Management Bank, as applicable and as the context may require.

Guarantee of Obligations. Each Guarantor unconditionally jointly and severally guarantees to each Lender, each Hedge Bank, each Cash Management Bank and the Administrative Agent that the Obligations will be performed and will be paid in full in cash when due and payable, whether at the stated or accelerated maturity thereof or otherwise, this guarantee being a guarantee of payment and not of collectability and being absolute and in no way conditional or contingent. In the event any part of the Obligations shall not have been so paid in full when due and payable, each Guarantor will, will immediately upon notice by the Administrative Agent Noteholders (or, without notice, immediately upon the occurrence of a Bankruptcy Defaultan Event of Default specified in paragraphs (f) or (g) of Section 10.1, immediately without notice) pay or cause to be paid to the Administrative Agent the amount of Noteholders, in accordance with each Noteholder’s proportionate share, such Obligations which are then due and payable and unpaid for application in accordance with Section 8.05unpaid. The obligations of each Guarantor hereunder shall not be affected by the invalidity, unenforceability or irrecoverability of any of the Obligations as against any other Loan Partythe Company, any other guarantor thereof or any other Person. For purposes hereof, the Obligations shall be due and payable when and as the same shall be due and payable under the terms of this Agreement or any other Loan Purchase Document notwithstanding the fact that the collection or enforcement thereof may be stayed or enjoined under Debtor Relief Laws the bankruptcy code or other applicable law. For purposes of the remainder of this Article X only, the term “Lender” shall be deemed to include each Hedge Bank and each Cash Management Bank, as applicable and as the context may require.

Guarantee of Obligations. Each Guarantor unconditionally jointly and severally guarantees to each Lender, each Hedge Bank, each Cash Management Bank and the Administrative Agent that the Obligations will be performed and will be paid in full in cash when due and payable, whether at the stated or accelerated maturity thereof or otherwise, this guarantee being a guarantee of payment and not of collectability and being absolute and in no way conditional or contingentcontingent (the “Guarantee”). In the event any part of the Obligations shall not have been so paid in full when due and payable, each Guarantor will, immediately upon notice by the Administrative Agent or, without notice, immediately upon the occurrence of a Bankruptcy Defaultan Event of Default under Section 10.7, pay or cause to be paid to Agent for the Administrative Agent account of each Purchaser in accordance with the amount Purchaser’s proportionate share of such Obligations which are then due and payable and unpaid for application in accordance with Section 8.05unpaid. The obligations of each Guarantor hereunder shall not be affected by the invalidity, unenforceability or irrecoverability of any of the Obligations as against the Issuer, any other Loan Note Party, any other guarantor thereof or any other Person. For purposes hereof, the Obligations shall be due and payable when and as the same shall be due and payable under the terms of this Agreement or any other Loan Note Document notwithstanding the fact that the collection or enforcement thereof may be stayed or enjoined under Debtor Relief Laws or other applicable law. For purposes of the remainder of this Article X only, the term “Lender” shall be deemed to include each Hedge Bank and each Cash Management Bank, as applicable and as the context may requireApplicable Law.

Guarantee of Obligations. Each The Guarantor unconditionally jointly and severally guarantees to each Lender, each Hedge Bank, each Cash Management Bank and the Administrative Agent that the Obligations will be performed and will be paid in full in cash when due and payable, whether at the stated or accelerated maturity thereof or otherwise, this guarantee being a guarantee of payment and not of collectability and being absolute and in no way conditional or contingent. In the event any part of the Obligations shall not have been so paid in full when due and payable, each the Guarantor will, immediately upon notice by the Administrative Collateral Agent or, without notice, immediately upon the occurrence of a Bankruptcy Default, pay or cause to be paid to the Administrative Collateral Agent for the account of each Holder in accordance with the Holder's respective Percentage Interests therein the amount of such Obligations which are then due and payable and unpaid for application in accordance with Section 8.05unpaid. The obligations of each the Guarantor hereunder shall not be affected by the invalidity, unenforceability or irrecoverability of any of the Obligations as against the Borrower, any other Loan PartyObligor, any other guarantor thereof or any other Person. For purposes hereof, the Obligations shall be due and payable when and as the same shall be due and payable under the terms of this the Exchange Agreement or any other Loan Credit Document notwithstanding the fact that the collection or enforcement thereof may be stayed or enjoined under Debtor Relief Laws the Bankruptcy Code or other applicable law. For purposes of the remainder of this Article X only, the term “Lender” shall be deemed to include each Hedge Bank and each Cash Management Bank, as applicable and as the context may require.

Guarantee of Obligations. Each Guarantor Holdings unconditionally jointly and severally guarantees to each Lender, each Hedge Bank, each Cash Management Bank and the Administrative Agent that the Obligations will be performed and will be paid in full in cash Cash when due and payable, whether at the stated or accelerated maturity thereof or otherwise, this guarantee being a guarantee of payment and not of collectability collectibility and being absolute and in no way conditional or contingent. In the event any part of the Obligations shall not have been so paid in full when due and payable, each Guarantor Holdings will, immediately upon notice by the Administrative Agent or, without notice, immediately upon the occurrence of a Bankruptcy Defaultan Event of Default of the kind described in Section 8.05 with respect to the Borrower, pay or cause to be paid to the Administrative Agent for the account of each Bank in accordance with the Bank's respective Commitments the amount of such Obligations which are then due and payable and unpaid for application in accordance with Section 8.05unpaid. The Holdings' obligations of each Guarantor hereunder shall not be affected by the invalidity, unenforceability or irrecoverability of any of the Obligations as against any other Loan Partythe Borrower, any other guarantor thereof or any other Person. For purposes hereof, the Obligations shall be due and payable when and as the same shall be due and payable under the terms of this Agreement or any other Loan Credit Document notwithstanding the fact that the collection or enforcement thereof may be stayed or enjoined under Debtor Relief Laws the Bankruptcy Code or other applicable law. For purposes of the remainder of this Article X only, the term “Lender” shall be deemed to include each Hedge Bank and each Cash Management Bank, as applicable and as the context may require.