Trust Guarantee Sample Clauses
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Trust Guarantee. The Trust Guarantee has been duly --------------- authorized and, at the Closing Time, will have been duly executed and delivered by the Company and, when duly executed and delivered by the Trust Guarantee Trustee, will constitute a valid and binding obligation of the Company enforceable against the Company in accordance with its terms, except as may be limited by the Exceptions. The Trust Guarantee has been duly qualified under the 1939 Act.
Trust Guarantee. The Administrative Agent shall have received --------------- the Trust Guarantee executed and delivered by a duly authorized officer of the Trust.
Trust Guarantee. The Trust hereby unconditionally guarantees to each Holder of a Security the obligation of the Issuer to cause to be delivered to such Holder, in accordance with Section 11.02, the Class B Shares required to be delivered upon a conversion of a Security by such Holder in accordance with Article 11, in circumstances where the Issuer has failed to direct the Trust to issue on the Issuer's behalf such Class B Shares in accordance with Section 11.02 after a Holder has satisfied all requirements for a conversion set forth herein and in the Securities (the "Trust Guarantee"). If the Issuer has failed to direct the Trust to issue on the Issuer's behalf, such Class B Shares so required to be delivered in accordance with Section 11.02 after a Holder has satisfied all requirements for a conversion set forth herein and in the Securities, such Holder may require the Trust to issue such Class B Shares, on behalf of the Issuer, under the Trust Guarantee and, upon the Trust doing so, the Trust shall have the right to be paid by the Issuer (but not by the Holder), with interest at a rate of 8% per annum from the date of issue of such Class B Shares by the Trust until the date of payment for such Class B Shares by the Issuer, the fair value of the Class B Shares so issued under the Trust Guarantee.
Trust Guarantee