The Note Guarantees. Subject to the provisions of this Article, each Guarantor party hereto or that executes a supplemental indenture in the form of Exhibit B hereby irrevocably and unconditionally Guarantees, jointly and severally, on an unsecured basis, the full and punctual payment (whether at Stated Maturity, upon redemption, purchase pursuant to an offer to purchase required under Section 4.07 or Section 4.12 or acceleration, or otherwise) of the principal of, premium, if any, and interest on, and all other amounts payable under, each Note, and the full and punctual payment of all other amounts payable by the Issuer under this Indenture (including the Issuer’s obligations under Section 7.07 hereof). Upon failure by the Issuer to pay punctually any such amount, each Guarantor shall forthwith on demand pay the amount not so paid at the place and in the manner specified in this Indenture. Any Note Guarantee constitutes a guarantee of payment and not of collection.
Appears in 4 contracts
Sources: Indenture (Crocs, Inc.), Indenture (Crocs, Inc.), Indenture (Energizer Holdings, Inc.)
The Note Guarantees. Subject to the provisions of this Article, each Guarantor party hereto or that executes a supplemental indenture in the form of Exhibit B hereby irrevocably and unconditionally Guaranteesguarantees, jointly and severallyseverally with the Issuer, on an unsecured basis, the full and punctual payment (whether at Stated Maturity, upon redemption, purchase pursuant to an offer to purchase required under Section 4.07 or Section 4.12 or acceleration, or otherwise) of the principal of, premium, if any, and interest (irrespective of whether payment is to be made in the form of PIK Interest or Cash Interest) on, and all other amounts payable under, each Note, and the full and punctual payment of all other amounts payable by the Issuer under this Indenture (including the Issuer’s obligations under Section 7.07 hereof)Indenture. Upon failure by the Issuer to pay punctually any such amount, each Guarantor the Guarantors shall forthwith on demand pay the amount not so paid at the place and in the manner specified in this Indenture. Any The obligations of the Guarantors under the Note Guarantee constitutes a guarantee Guarantees shall constitute unsecured unsubordinated obligations of payment and not of collectionthe Guarantors.
Appears in 1 contract
Sources: Indenture (Azul Sa)
The Note Guarantees. Subject to the provisions of this Article, each Guarantor party hereto or that executes Guarantor, by execution of a supplemental indenture or Note Guarantee Agreement in the form of Exhibit B hereby accordance with Section 10.08, fully, irrevocably and unconditionally GuaranteesGuarantees as primary obligor and not merely as surety, jointly and severally, on an unsecured basis, the full and punctual payment (whether at Stated Maturity, upon redemption, purchase pursuant to an offer Offer to purchase required under Section 4.07 or Section 4.12 Purchase or acceleration, or otherwise) of the principal of, premium, if any, and interest on, and all other amounts payable under, each Note, and the full and punctual payment of all other amounts payable by the Issuer under this Indenture (including the Issuer’s obligations under Section 7.07 hereof)Indenture. Upon failure by the Issuer to pay punctually any such amount, each Guarantor shall forthwith on demand pay the amount not so paid at the place and in the manner specified in this Indenture. Any Note Guarantee constitutes a guarantee of payment and not of collection.
Appears in 1 contract
Sources: Indenture (GeoPark LTD)
The Note Guarantees. Subject to the provisions of this ArticleArticle X, the Intercreditor Agreement, any Additional Intercreditor Agreement and the Agreed Security Principles, each Guarantor party hereto or that executes a supplemental indenture in the form of Exhibit B hereby irrevocably and unconditionally Guarantees, jointly and severally, on an unsecured basis, the full and punctual payment (whether at Stated Maturity, upon redemption, purchase pursuant to an offer to purchase required under Section 4.07 or Section 4.12 or acceleration, or otherwise) of the principal of, premium, if any, and interest on, and all other amounts payable under, each Note, and the full and punctual payment of all other amounts payable by the Issuer Issuers under this Indenture (including the Issuer’s Issuers’ obligations under Section 7.02(h) and Section 7.07 hereof). Upon failure by the Issuer Issuers to pay punctually any such amount, each Guarantor shall forthwith on demand pay the amount not so paid at the place and in the manner specified in this Indenture. Any Note Guarantee constitutes a guarantee of payment and not of collection.
Appears in 1 contract
Sources: Indenture (Borr Drilling LTD)
The Note Guarantees. Subject to the provisions of this Article, each Guarantor party hereto or that executes a supplemental indenture in the form of Exhibit B hereby irrevocably and unconditionally Guarantees, jointly and severally, on an unsecured basis, the full and punctual payment (whether at Stated Maturity, upon redemption, purchase pursuant to an offer to purchase required under Section 4.07 or Section 4.12 or acceleration, or otherwise) of the principal of, premium, if any, and interest on, and all other amounts payable under, each Note, and the full and punctual payment of all other amounts payable by the Issuer under this Indenture (including the Issuer’s obligations under Section 7.07 hereof). Upon failure by the Issuer to pay punctually any such amount, each Guarantor shall forthwith on demand pay the amount not so paid at the place and in the manner specified in this Indenture. Any Note Guarantee constitutes a guarantee of payment and not of collection.
Appears in 1 contract
Sources: Indenture (Energizer Holdings, Inc.)