Common use of Obligations of Guarantor Unconditional Clause in Contracts

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between any Guarantor and the Holders of the Securities, the obligation of such 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 its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of Senior Debt of the Guarantors, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12 of the holders of Senior Debt of the Guarantors in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt of any Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such Guarantor of principal of or interest on the Securities pursuant to such Guarantor’s Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 Twelve or elsewhere in this Indenture or in the Securities or the Guarantees is intended to or shall impair, as between any Guarantor and the Holders of the Securities, the obligation of such Guarantor, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and premium, if any, or interest and Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with the terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of Guarantor Senior Debt of the GuarantorsDebt, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12 Twelve of the holders of Guarantor Senior Debt of the Guarantors in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 Twelve shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt of any Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such Guarantor of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Securities pursuant to such Guarantor’s 's Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 or elsewhere in this Indenture or in the Securities or any Guarantee is intended to or shall impair, as between among any Guarantor and the Holders of the Securities, the obligation of such 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 its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of Guarantor Senior Debt of the GuarantorsDebt, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12 of the holders of Guarantor Senior Debt of the Guarantors in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt of any Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such any Guarantor of principal of or interest on the Securities pursuant to such Guarantor’s its Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 IV or elsewhere in this Third Supplemental Indenture, the Indenture or in the Securities is intended to or shall impair, impair as between any Guarantor and the Holders of the SecuritiesHolders, the obligation of each such Person (in the case of Guarantor, to the extent specified in this Third Supplemental Indenture), which is absolute and unconditional, to pay to the Holders of the Securities the principal of of, premium, if any, and interest on on, the Securities as and when the same shall become due and payable in accordance with the terms of its Guaranteetheir terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors Guarantor other than the holders of the Guarantor Senior Debt of the GuarantorsDebt, nor shall anything herein or therein prevent the Trustee or any Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this the Indenture, subject to the rights, if any, under this Article 12 IV, of the holders of Guarantor Senior Debt of the Guarantors in respect of cash, property or securities of the Guarantors Company received upon the exercise of any such remedy. Without limiting Notwithstanding anything to the generality of the foregoing, nothing contained contrary in this Article 12 IV or elsewhere in the Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article IV, the Trustee, subject to the provisions of Sections 7.1 and 7.2 of the Indenture, and the Holders shall restrict be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the right of liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders for the purpose of Securities ascertaining the Persons entitled to take any action participate in such distribution, the holders of the Guarantor Senior Debt and other Indebtedness of Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to declare this Article IV so long as such court has been apprised of the Securities provisions of, or the order, decree or certificate makes reference to, the provisions of this Article IV. Nothing in this Section 4.5 shall apply to be due and payable prior to their stated maturity the claims of, or payments to, the Trustee under or pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt of any Guarantor then due and payable shall first be paid in full before the Holders 7.7 of the Securities Indenture or the Trustee are entitled to receive any direct or indirect payment from such Guarantor of principal of or interest on the Securities pursuant to such Guarantor’s Guaranteeotherwise for its own benefit.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 Ten or elsewhere in this Indenture Note Agreement or in the Securities or the Guarantees is intended to or shall impair, as between any Guarantor and the Holders of the Securities, the obligation of such Guarantor, which is absolute and unconditional, to pay to the Holders of the Securities the principal of of, or premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with the terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of Guarantor Senior Debt of the GuarantorsDebt, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this IndentureNote Agreement, subject to the rights, if any, under this Article 12 Ten of the holders of Guarantor Senior Debt of the Guarantors in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 Ten shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; providedPROVIDED, howeverHOWEVER, that all Guarantor Senior Debt of any Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such Guarantor of principal of of, or premium, if any, and interest on the Securities pursuant to such Guarantor’s 's Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 Thirteen or elsewhere in this Indenture or in the Securities or the Guarantee is intended to or shall impair, as between any among the Guarantor and the Holders of the Securities, the obligation of such 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 its Guaranteethe Guarantee of the Guarantor, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors Guarantor other than the holders of Guarantor Senior Debt Indebtedness of the GuarantorsGuarantor, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12 Thirteen of the holders of Guarantor Senior Debt of the Guarantors Indebtedness in respect of cash, property or securities of the Guarantors Guarantor received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 Thirteen shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt Indebtedness of any the Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such the Guarantor of principal of or interest on the Securities pursuant to such the Guarantor’s 's Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 Twelve or elsewhere in this Indenture or in the Securities or the Guarantee is intended to or shall impair, as between any Guarantor the Guarantors and the Holders of the Securities, the obligation of such Guarantorthe Guarantors, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and premium, if any, or interest and Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with the terms of its the Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors Guarantor other than the holders of Guarantor Senior Debt of the GuarantorsIndebtedness, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12 Twelve of the holders of Guarantor Senior Debt of the Guarantors Indebtedness in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 Twelve shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; providedPROVIDED, howeverHOWEVER, that all Guarantor Senior Debt Indebtedness of any the Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such Guarantor Guarantors of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Securities pursuant to such Guarantor’s Guarantors' Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 Twelve or elsewhere in this Indenture or in the Securities or the Guarantees is intended to or shall impair, as between any Guarantor and the Holders holders of the Securities, the obligation of such Guarantor, which is absolute and unconditional, to pay to the Holders holders of the Securities the principal of and premium, if any, or interest and Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with the terms of its the Guarantee, or is intended to or shall affect the relative rights of the Holders holders of the Securities and creditors of the Guarantors such Guarantor other than the holders of Senior Debt Indebtedness of the Guarantorssuch Guarantor, nor shall anything herein or therein prevent the Holder holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12 Twelve of the holders of Senior Debt Indebtedness of the Guarantors such Guarantor in respect of cash, property or securities of the Guarantors any Guarantor received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 Twelve shall restrict the right of the Trustee or the Holders holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt Indebtedness of any Guarantor then due and payable shall first be paid in full before the Holders holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such Guarantor of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Securities pursuant to such Guarantor’s 's Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 Twelve or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between any Guarantor and the Holders of the Securities, the obligation of such 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 its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of Guarantor Senior Debt of the GuarantorsDebt, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12 Twelve of the holders of Guarantor Senior Debt of the Guarantors in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 Twelve shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt of any Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such Guarantor of principal of or interest on the Securities pursuant to such Guarantor’s 's Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 Twelve or elsewhere in this Indenture or in the Securities or the Guarantee is intended to or shall impair, as between any the Guarantor and the Holders of the Securities, the obligation of such the Guarantor, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and premium, if any, or interest and Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with the terms of its the Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors Guarantor other than the holders of Guarantor Senior Debt of the GuarantorsIndebtedness, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 12 Twelve of the holders of Guarantor Senior Debt of the Guarantors Indebtedness in respect of cash, property or securities of the Guarantors Guarantor received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 Twelve shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt Indebtedness of any the Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such Guarantor of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Securities pursuant to such Guarantor’s 's Guarantee.

Obligations of Guarantor Unconditional. Nothing contained in this Article 12 Ten or elsewhere in this Indenture Note Agreement or in the Securities or the Guarantees is intended to or shall impair, as between any Guarantor and the Holders of the Securities, the obligation of such Guarantor, which is absolute and unconditional, to pay to the Holders of the Securities the principal of of, or premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with the terms of its Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Guarantors other than the holders of Guarantor Senior Debt of the GuarantorsDebt, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this IndentureNote Agreement, subject to the rights, if any, under this Article 12 Ten of the holders of Guarantor Senior Debt of the Guarantors in respect of cash, property or securities of the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 12 Ten shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Guarantor Senior Debt of any Guarantor then due and payable shall first be paid in full before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from such Guarantor of principal of of, or premium, if any, and interest on the Securities pursuant to such Guarantor’s Guarantee.