Common use of Postponement Clause in Contracts

Postponement. Upon the occurrence and during the continuance of an Event of Default, all debts, liabilities and obligations, present and future of any Borrower or any Subsidiary, as applicable, to or in favour of the Guarantor shall be and are hereby postponed and subordinated to the prior payment and performance in full of the Obligations. All money received by the Guarantor in respect of such debts, liabilities and obligations during the continuance of an Event of Default shall be received and held in trust for the benefit of the Beneficiaries and upon demand hereunder shall be forthwith paid over to the Beneficiaries, the whole without in any way lessening or limiting the liability and obligations of the Guarantor hereunder and this postponement is independent of the Guarantee and shall remain in full force and effect until payment and performance in full of the Obligations and all obligations of the Guarantor under this Guarantee.

Appears in 4 contracts

Sources: Credit Agreement (Baytex Energy Corp.), Credit Agreement (Baytex Energy Corp.), Credit Agreement (Baytex Energy Corp.)

Postponement. Upon the occurrence and during the continuance of an Event of Default, all debts, liabilities and obligations, present and future of any either Borrower or any Subsidiary, as applicable, to or in favour of the Guarantor shall be and are hereby postponed and subordinated to the prior payment and performance in full of the Obligations. All money received by the Guarantor in respect of such debts, liabilities and obligations during the continuance of an Event of Default shall be received and held in trust for the benefit of the Beneficiaries and upon demand hereunder shall be forthwith paid over to the Beneficiaries, the whole without in any way lessening or limiting the liability and obligations of the Guarantor hereunder and this postponement is independent of the Guarantee and shall remain in full force and effect until payment and performance in full of the Obligations and all obligations of the Guarantor under this Guarantee.

Appears in 3 contracts

Sources: Credit Facilities (Baytex Energy Corp.), First Amending Agreement (Baytex Energy Corp.), Credit Agreement (Baytex Energy Corp.)

Postponement. Upon the occurrence and during the continuance of an a Default or Event of Default, all debts, liabilities and obligations, present and future of any Borrower or any Subsidiary, as applicable, the Corporation and the Guarantors to or in favour of the Guarantor Guarantors shall be and are hereby postponed and subordinated to the prior payment and performance in full of the Indenture Obligations. All money received by the each Guarantor in respect of such debts, liabilities and obligations during the continuance of an a Default or Event of Default shall be received and held in trust for the benefit of the Beneficiaries and upon demand hereunder shall be forthwith paid over to the Beneficiaries, the whole without in any way lessening or limiting the liability and obligations of the Guarantor Guarantors hereunder and this postponement is independent of the Guarantee and shall remain in full force and effect until payment and performance in full of the Indenture Obligations and all obligations of the Guarantor Guarantors under this Subsidiary Guarantee.

Appears in 1 contract

Sources: Trust Indenture (Obsidian Energy Ltd.)

Postponement. Upon the occurrence and during the continuance of an Event of Default, all debts, liabilities and obligations, present and future of any Borrower or any Subsidiary, as applicable, Subsidiary to or in favour of the Guarantor shall be and are hereby postponed and subordinated to the prior payment and performance in full of the Obligations. All money received by the Guarantor in respect of such debts, liabilities and obligations during the continuance of an Event of Default shall be received and held in trust for the benefit of the Beneficiaries and upon demand hereunder shall be forthwith paid over to the Beneficiaries, the whole without in any way lessening or limiting the liability and obligations of the Guarantor hereunder and this postponement is independent of the Guarantee and shall remain in full force and effect until payment and performance in full of the Obligations and all obligations of the Guarantor under this Guarantee.

Appears in 1 contract

Sources: Credit Agreement (Greenfire Resources Ltd.)

Postponement. Upon the occurrence and during the continuance of an a Default or Event of Default, all debts, liabilities and obligations, present and future of any the Borrower or any Subsidiary, as applicable, to or in favour of the Guarantor shall be and are hereby postponed and subordinated to the prior payment and performance in full of the Obligations. All money received by the Guarantor in respect of such debts, liabilities and obligations during the continuance of an a Default or Event of Default shall be received and held in trust for the benefit of the Beneficiaries and upon demand hereunder shall be forthwith paid over to the BeneficiariesAgent, the whole without in any way lessening or limiting the liability and obligations of the Guarantor hereunder and this postponement is independent of the Guarantee and shall remain in full force and effect until payment and performance in full of the Obligations and all obligations of the Guarantor under this Guarantee.

Appears in 1 contract

Sources: Guarantee Agreement (Baytex Energy Trust)

Postponement. Upon the occurrence and during the continuance of an Event of Default, all debts, liabilities and obligations, present and future of any either Borrower or any Subsidiary, as applicable, to or in favour of the Guarantor shall be and are hereby postponed and subordinated to the prior payment and performance in full of the Obligations. All money received by the Guarantor in respect of such debts, liabilities and obligations during the continuance of an Event of Default shall be received and held in trust for the benefit of the Beneficiaries and upon demand hereunder shall be forthwith paid over to the Beneficiaries, the whole without in any way lessening or limiting the liability and obligations of the Guarantor hereunder and this postponement is independent of the Guarantee and shall remain in full force and effect until payment and performance in full of the Obligations and all obligations of the Guarantor under this Guarantee.and

Appears in 1 contract

Sources: Credit Agreement (Baytex Energy Corp.)

Postponement. Upon the occurrence and during the continuance of an a Default or Event of Default, all debts, liabilities and obligations, present and future of any Borrower or any Subsidiary, as applicable, the Issuer to or in favour of the Guarantor shall be and are hereby postponed and subordinated to the prior payment and performance in full of the Indenture Obligations. All money received by the Guarantor in respect of such debts, liabilities and obligations during the continuance of an a Default or Event of Default shall be received and held in trust for the benefit of the Beneficiaries and upon demand hereunder shall be forthwith paid over to the Beneficiaries, the whole without in any way lessening or limiting the liability and obligations of the Guarantor hereunder and this postponement is independent of the Guarantee and shall remain in full force and effect until payment and performance in full of the Indenture Obligations and all obligations of the Guarantor under this Guarantee.

Appears in 1 contract

Sources: Trust Indenture

Postponement. Upon the occurrence and during the continuance of an a Default or Event of Default, all debts, liabilities and obligations, present and future of any Borrower or any Subsidiary, as applicable, the Issuer and the other Guarantors to or in favour of the Guarantor shall be and are hereby postponed and subordinated to the prior payment and performance in full of the Indenture Obligations. All money received by the Guarantor in respect of such debts, liabilities and obligations during the continuance of an a Default or Event of Default shall be received and held in trust for the benefit of the Beneficiaries and upon demand hereunder shall be forthwith paid over to the Beneficiaries, the whole without in any way lessening or limiting the liability and obligations of the Guarantor hereunder and this postponement is independent of the Guarantee and shall remain in full force and effect until payment and performance in full of the Indenture Obligations and all obligations of the Guarantor under this Guarantee.

Appears in 1 contract

Sources: Trust Indenture (High Tide Inc.)