Common use of The Note Guarantees Clause in Contracts

The Note Guarantees. Subject to the limitations set forth in this Article 10, each of the Note Guarantors (whether an Initial Note Guarantor originally a signatory hereto or a Restricted Subsidiary that became a Note Guarantor subsequent to the Issue Date pursuant to a Guarantee Agreement as set forth in Section 4.09) hereby, jointly and severally, guarantees as principal obligor to each Holder of a Note authenticated by the Trustee or the Authenticating Agent and to the Trustee and its successors and assigns (a) the full and punctual payment of the principal of, premium, if any, and interest on, and all other amounts payable under, the Notes and this Indenture and (b) the full and punctual performance of all other obligations of the Issuer under this Indenture and the Notes (including any amounts and indemnities due to the Trustee), in each case subject to applicable grace periods (all the foregoing being hereinafter collectively called the “Guaranteed Obligations”). Each Note Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from such Note Guarantor and that such Note Guarantor will remain bound under this Article 10 in accordance with the terms of such extension or renewal of any Guaranteed Obligation. Each Note Guarantor agrees that its Note Guarantee herein constitutes a Guarantee of payment, performance and compliance when due (and not a guarantee of collection) and waives any right to require that any resort be had by any Holder or the Trustee to any security held for payment of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Indenture (Enduro SpA), Indenture (Emeco Parts Pty LTD), Indenture (Emeco Parts Pty LTD)

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