Common use of Guarantee (Security Clause in Contracts

Guarantee (Security. Each Guarantor has jointly and severally irrevocably and unconditionally guaranteed the payment of principal, premium, if any, and interest (including interest on overdue principal and overdue interest, if lawful) on the Securities; PROVIDED, HOWEVER, each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a PRO RATA amount based on the Adjusted Net Assets of each Guarantor. Pursuant to the Indenture, the Company will assign and pledge to the Trustee, for its benefit and the benefit of the Securityholders, a security interest in 100% of the issued and outstanding Capital Stock of each Guarantor and certain proceeds from time to time received, receivable or otherwise distributed in respect thereof (the "Collateral"). The Company and each Guarantor will also agree to assign and pledge to the Trustee as part of the Collateral all shares of Capital Stock of each Guarantor at any time acquired by the Company or any Guarantor. The security interest in the Collateral will be a first priority security interest. However, absent any acceleration notice or bankruptcy default, the Company will be able to vote, as it sees fit in its sole discretion, the Capital Stock of each Guarantor.

Appears in 1 contract

Sources: Indenture (Spinnaker Industries Inc)

Guarantee (Security. Each Guarantor has jointly and severally irrevocably and unconditionally guaranteed the payment of principal, premium, if any, and interest (including interest on overdue principal and overdue interest, if lawful) on the Securities; PROVIDED, HOWEVER, each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a PRO RATA amount based on the Adjusted Net Assets of each Guarantor. Pursuant to the Indenture, the Company will assign and pledge to the Trustee, for its benefit and the benefit of the Securityholders, a security interest in 100% of the issued and outstanding Capital Stock of each the Guarantor and certain proceeds from time to time received, receivable or otherwise distributed in respect thereof (the "Collateral"). The Company and each Guarantor will also agree to assign and pledge to the Trustee as part of the Collateral all shares of Capital Stock of each Guarantor at any time acquired by the Company or any Guarantor. The security interest in the Collateral will be a first priority security interest. However, absent any acceleration notice or bankruptcy default, the Company will be able to vote, as it sees fit in its sole discretion, the Capital Stock of each Guarantor.

Appears in 1 contract

Sources: Indenture (Spinnaker Industries Inc)