Common use of Obligation of the Guarantor Unconditional Clause in Contracts

Obligation of the Guarantor Unconditional. Nothing contained in this Article 7 or elsewhere in this Indenture or in any Security is intended to or shall impair, as between the Guarantor and the Holders of the Securities, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the Securities as and when the same shall become due and payable in accordance with the terms of the Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantor other than the holders of the Senior Indebtedness of the Guarantor, nor shall anything herein or therein prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon Default under this Indenture, subject to the rights, if any, under this Article 7 of the holders of Senior Indebtedness of the Guarantor in respect of cash, property or securities of the Guarantor received upon the exercise of any such remedy. Nothing contained in this Article 7 or elsewhere in this Indenture or in any Security is intended to or shall affect the obligation of the Guarantor to make, or prevent the Guarantor from making, at any time except during the pendency of any dissolution, winding up, liquidation or reorganization proceeding, and except during the continuance of any default specified in Section 7.03 (not cured or waived), payments at any time of the principal of or interest on the Securities pursuant to the Guarantee.

Obligation of the Guarantor Unconditional. Nothing contained in this Article 7 or elsewhere in this Indenture Annex A or in any Security the Note is intended to or shall impair, as between the Guarantor and the Holders holder of the SecuritiesNote, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders holder of the Securities Note the principal of and interest on the Securities Note as and when the same shall become due and payable in accordance with the terms of the Guaranteeits terms, or is intended to or shall affect the relative rights of the Holders holder of the Securities Note and creditors of the Guarantor other than the holders of the Senior Indebtedness of the GuarantorIndebtedness, nor shall anything herein or therein prevent the Trustee or holder of the Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon Default under this Indenturelaw, subject to the rights, if any, under this Article 7 Annex A of the holders of Senior Indebtedness of the Guarantor in respect of cash, property property, or securities of the Guarantor received upon the exercise of any such remedy. Nothing contained in this Article 7 or elsewhere in this Indenture or in Upon any Security is intended to or shall affect the obligation distribution of assets of the Guarantor referred to makein this Annex A, the holder of the Note shall be entitled to rely upon any order or prevent the Guarantor from making, at decree made by any time except during the pendency court of any competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedingproceedings are pending, and except during the continuance of any default specified in Section 7.03 (not cured or waived), payments at any time a certificate of the principal of liquidating trustee or interest on the Securities pursuant agent or other person making any distribution to the Guarantee.holder of the Note, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Annex A.

Obligation of the Guarantor Unconditional. Nothing contained in this Article 7 or elsewhere in this Indenture the subordination provisions set forth herein or in any Security the documents evidencing the Subordinated Indebtedness is intended to or shall impair, as between the Guarantor and the Holders holder of the SecuritiesSubordinated Indebtedness, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders holder of the Securities Subordinated Indebtedness the principal of and interest on the Securities Subordinated Indebtedness as and when the same shall become due and payable in accordance with the terms of the Guaranteeits terms, or is intended to or shall affect the relative rights of the Holders holder of the Securities Subordinated Indebtedness and creditors of the Guarantor other than the holders of the Senior Indebtedness of the GuarantorIndebtedness, nor shall anything herein or therein prevent the Trustee or holder of the Holder of any Security Subordinated Indebtedness from exercising all remedies otherwise permitted by applicable law upon Default under this Indenturelaw, subject to the rights, if any, under this Article 7 the subordination provisions set forth herein of the holders of Senior Indebtedness of the Guarantor in respect of cash, property property, or securities of the Guarantor received upon the exercise of any such remedy. Nothing contained in this Article 7 or elsewhere in this Indenture or in Upon any Security is intended to or shall affect the obligation distribution of assets of the Guarantor referred to makeherein, the holder of the Subordinated Indebtedness shall be entitled to rely upon any order or prevent the Guarantor from making, at decree made by any time except during the pendency court of any competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedingproceedings are pending, and except during the continuance of any default specified in Section 7.03 (not cured or waived), payments at any time a certificate of the principal of liquidating trustee or interest on the Securities pursuant agent or other person making any distribution to the Guaranteeholder of the Subordinated Indebtedness, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or hereto.

Obligation of the Guarantor Unconditional. Nothing contained in this Article 7 or elsewhere in this Indenture or in any Security the Guarantee is intended to or shall impair, as between among the Guarantor, its creditors other than the holders of Senior Indebtedness of the Guarantor and the Holders of the SecuritiesHolders, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders Holders, pursuant to the terms of the Securities Guarantee, the principal of and interest on the Securities as and when the same shall become due and payable in accordance with the terms of the Guaranteetheir terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantor other than the holders of the Senior Indebtedness of the Guarantor, nor shall anything herein or therein prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon Default default under this Indenture, subject to the rights, if any, under this Article 7 of the holders of Senior Indebtedness of the Guarantor in respect of cash, property or securities of the Guarantor received upon the exercise of any such remedy. Nothing contained in this Article 7 Upon any payment or elsewhere in this Indenture distribution of assets or in any Security is intended to or shall affect the obligation securities of the Guarantor referred to makein this Article, the Trustee and the Holders shall be entitled to rely upon any order or prevent the Guarantor from making, at any time except during the pendency decree of any a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedingproceedings are pending for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness of the Guarantor and other indebtedness of the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and except during all other facts pertinent thereto or to this Article. The Trustee shall be entitled to rely on the continuance delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Guarantor (or a representative of such holder or a trustee under any indenture under which any instruments evidencing any such Senior Indebtedness of the Guarantor may have been issued) to establish that such notice has been given by a holder of such Senior Indebtedness of the Guarantor or such representative or trustee on behalf of such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any default specified in Section 7.03 (not cured or waived), payments at any time Person as a holder of Senior Indebtedness of the principal of Guarantor to participate in any payment or interest on the Securities distribution pursuant to this Article, the GuaranteeTrustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the right of such Person under this Article, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment or distribution.

Obligation of the Guarantor Unconditional. Nothing contained in this Article 7 or elsewhere in this Indenture or in any Security the Guarantee is intended to or shall impair, as between among the Guarantor, its creditors other than the holders of Senior Indebtedness of the Guarantor and the Holders of the SecuritiesHolders, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders Holders, pursuant to the terms of the Securities Guarantee, the principal of of, premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with the terms of the Guaranteetheir terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantor other than the holders of the Senior Indebtedness of the Guarantor, nor shall anything herein or therein prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon Default default under this Indenture, subject to the rights, if any, under this Article 7 of the holders of Senior Indebtedness of the Guarantor in respect of cash, property or securities of the Guarantor received upon the exercise of any such remedy. Nothing contained in this Article 7 Upon any payment or elsewhere in this Indenture distribution of cash, property or in any Security is intended to or shall affect the obligation securities of the Guarantor referred to makein this Article, the Trustee and the Holders shall be entitled to rely upon any order or prevent the Guarantor from making, at any time except during the pendency decree of any a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedingproceedings are pending for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness of the Guarantor and other indebtedness of the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and except during all other facts pertinent thereto or to this Article. The Trustee shall be entitled to rely on the continuance delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Guarantor (or a representative of such holder or a trustee under any indenture under which any instruments evidencing any such Senior Indebtedness of the Guarantor may have been issued) to establish that such notice has been given by a holder of such Senior Indebtedness of the Guarantor or such representative or trustee on behalf of such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any default specified in Section 7.03 (not cured or waived), payments at any time Person as a holder of Senior Indebtedness of the principal Guarantor or its representative or representatives or the trustee or trustees under any indenture under which any instruments evidencing any such Senior Indebtedness of the Guarantor may have been issued to participate in any payment or interest on the Securities distribution pursuant to this Article, the GuaranteeTrustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the right of such Person under this Article, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment or distribution.

Obligation of the Guarantor Unconditional. Nothing contained in this Article 7 or elsewhere in this Indenture or in any Security the Guarantee is intended to or shall impair, as between among the Guarantor, its creditors other than the holders of Senior Indebtedness of the Guarantor and the Holders of the SecuritiesHolders, the obligation of the Guarantor, which is absolute and unconditional, to pay to the Holders Holders, pursuant to the terms of the Securities Guarantee, the principal of and interest on the Securities as and when the same shall become due and payable in accordance with the terms of the Guaranteetheir terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantor other than the holders of the Senior Indebtedness of the Guarantor, nor shall anything herein or therein prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon Default default under this Indenture, subject to the rights, if any, under this Article 7 of the holders of Senior Indebtedness of the Guarantor in respect of cash, property or securities of the Guarantor received upon the exercise of any such remedy. Nothing contained in this Article 7 Upon any payment or elsewhere in this Indenture distribution of assets or in any Security is intended to or shall affect the obligation securities of the Guarantor referred to makein this Article, the Trustee and the Holders shall be entitled to rely upon any order or prevent the Guarantor from making, at any time except during the pendency decree of any a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedingproceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness of the Guarantor and other indebtedness of the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and except during the continuance of any default specified in Section 7.03 (not cured all other facts pertinent thereto or waived), payments at any time of the principal of or interest on the Securities pursuant to the Guaranteethis Article.