Common use of THE NEW GUARANTEE Clause in Contracts

THE NEW GUARANTEE. Section 1.01. For value received, each New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor was originally named therein as the Guarantor.

Appears in 6 contracts

Samples: Supplemental Indenture No. 9 (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)

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THE NEW GUARANTEE. Section 1.01. For value received, each New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee)) in accordance with, and on the terms set forth in, the Indenture. The agreements made and obligations assumed hereunder by each New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor was originally named therein as the Guarantor.

Appears in 4 contracts

Samples: Supplemental Indenture No. 5 (Constellation Brands, Inc.), Supplemental Indenture No. 3 (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such the New Guarantor was originally named therein as the a Guarantor.

Appears in 4 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture No. 10 (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such each New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor was originally named therein as the Guarantor.

Appears in 4 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Constellation Brands Inc

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such the New Guarantor was originally named therein as the Guarantor.

Appears in 3 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Constellation Brands Inc

THE NEW GUARANTEE. Section 1.01. For value received, each New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the IndentureIndentures, and such New Guarantor shall be considered a Guarantor for all purposes of the Indenture Indentures as if such New Guarantor was originally named therein as the a Guarantor.

Appears in 3 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture No. 16 (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor Guarantors hereby absolutely, unconditionally and irrevocably guarantees guarantee (the “New Guarantee”), jointly and severally among itself themselves and the Guarantors, to the Trustee and the Holders, as if such each New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor Guarantors shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such each New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor was originally named therein as the a Guarantor.

Appears in 3 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if each such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such each New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor was originally named therein as the Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such the New Guarantor was originally named therein as the Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture No. 6 (Constellation Brands, Inc.), Supplemental Indenture No. 6 (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such the New Guarantor was originally named therein as the a Guarantor.

Appears in 2 contracts

Samples: Batavia Wine Cellars Inc, Batavia Wine Cellars Inc

THE NEW GUARANTEE. Section 1.01101. For value received, each the New Guarantor Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was were the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this the New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor was it were originally named therein as the a Guarantor.

Appears in 2 contracts

Samples: Indenture (Canandaigua LTD), Fourth Supplemental Indenture (Canandaigua LTD)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee)) in accordance with, and on the terms set forth in, the Indenture. The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor was originally named therein as the Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the IndentureIndentures, and such each New Guarantor shall be considered a Guarantor for all purposes of the Indenture Indentures as if such New Guarantor was originally named therein as the a Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Constellation Brands Inc

THE NEW GUARANTEE. Section 1.01101. For value received, each the New Guarantor Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this the New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such the New Guarantor was originally named therein as the a Guarantor.

Appears in 2 contracts

Samples: Seventh Supplemental Indenture (Constellation Brands Inc), Fifth Supplemental Indenture (Constellation Brands Inc)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, indemnities, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such the New Guarantor was originally named therein as the a Guarantor.

Appears in 2 contracts

Samples: Supplemental Indenture No. 9 (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor Guarantors, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees guarantee (the "New Guarantee"), jointly and severally among itself themselves and the Guarantors, to the Trustee and the Holders, as if such each New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this the New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor Guarantors shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such each New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such each New Guarantor was originally named therein as the a Guarantor.

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Canandaigua LTD)

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THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this the New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor it was originally named therein as the a Guarantor.

Appears in 1 contract

Samples: Fifth Supplemental Indenture (Canandaigua LTD)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the IndentureIndentures, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture Indentures as if such the New Guarantor was originally named therein as the a Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture No. 12 (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if each such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the IndentureIndentures, and such each New Guarantor shall be considered a Guarantor for all purposes of the Indenture Indentures as if such New Guarantor was originally named therein as the a Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was were the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable reasonably legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor it was originally named therein as the Guarantora Subsidiary.

Appears in 1 contract

Samples: First Supplemental Indenture (Roberts Trading Corp)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor was originally named therein as the Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01101. For value received, each the New Guarantor Guarantors hereby absolutely, unconditionally and irrevocably guarantees guarantee (the "New Guarantee"), jointly and severally among itself themselves and the Guarantors, to the Trustee and the Holders, as if such each New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor Guarantors shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the Indenture, and such New Guarantor shall be considered a Guarantor for all purposes Indentures as if each of the Indenture as if such New Guarantor Guarantors was originally named therein as the Guarantor.

Appears in 1 contract

Samples: Canandaigua LTD

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the IndentureIndentures, and such the New Guarantor shall be considered a Guarantor for all purposes of the Indenture Indentures as if such the New Guarantor was originally named therein as the a Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor Guarantors, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees guarantee (the "New Guarantee”Guarantees"), jointly and severally among itself themselves and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was Guarantors were the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee Guarantees shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this the New GuaranteeGuarantees). The agreements made and obligations assumed hereunder by the New Guarantors shall each New Guarantor shall constitute and shall each be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such each New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor it was originally named therein as the a Guarantor.

Appears in 1 contract

Samples: Third Supplemental Indenture (Roberts Trading Corp)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor hereby absolutely, unconditionally and irrevocably guarantees (the “New Guarantee”), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture Indentures and for all purposes of the IndentureIndentures, and such New Guarantor shall be considered a Guarantor for all purposes of the Indenture Indentures as if such New Guarantor was originally named therein as the a Guarantor.

Appears in 1 contract

Samples: Supplemental Indenture (Constellation Brands, Inc.)

THE NEW GUARANTEE. Section 1.01. For value received, each the New Guarantor Guarantor, in accordance with Article Fourteen of the Indenture, hereby absolutely, unconditionally and irrevocably guarantees (the "New Guarantee"), jointly and severally among itself and the Guarantors, to the Trustee and the Holders, as if such the New Guarantor was the principal debtor, the punctual payment and performance when due of all Indenture Obligations (which for purposes of the New Guarantee shall also be deemed to include all commissions, fees, charges, costs and other expenses (including reasonable reasonably legal fees and disbursements of one counsel) arising out of or incurred by the Trustee or the Holders in connection with the enforcement of this New Guarantee). The agreements made and obligations assumed hereunder by each the New Guarantor shall constitute and shall be deemed to constitute a Guarantee under the Indenture and for all purposes of the Indenture, and such New Guarantor shall be considered a Guarantor for all purposes of the Indenture as if such New Guarantor it was originally named therein as the a Guarantor.

Appears in 1 contract

Samples: Third Supplemental Indenture (Canandaigua LTD)

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