Security Guarantors definition
Examples of Security Guarantors in a sentence
The recitals contained herein and in the Securities and the Security Guarantees, except the Trustee's certificate of authentication, shall be taken as the statements of the Company and the Security Guarantors, as the case may be, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness.
Each Security shall have an executed Security Guarantee from each of the Security Guarantors endorsed thereon substantially in the form of Exhibit B hereto.
Each of the Security Guarantors has duly authorized the execution and delivery of this Indenture to provide a Security Guarantee of the Securities and of certain of the obligations of the Company hereunder.
No director, officer, employee, incorporator or stockholder of the Company or any Security Guarantor, as such, will have any liability for any obligations of the Company or the Security Guarantors under the Securities, this Indenture, the Security Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation.
Each of the Security Guarantors and the Company will, and the Company will cause each of the Security Guarantors to, ensure at all times that, unless otherwise permitted by this Indenture, each Security Guarantee will remain in full force and effect and shall not be subordinated by written agreement in right of payment to any indebtedness or other obligations of the Security Guarantors, unless required by applicable law.
Each Security Guarantor that makes a payment or distribution under a Security Guarantee will be entitled, upon payment in full of all Guaranteed Obligations under the Securities, to a contribution from each other Security Guarantor in an amount equal to such other Security Guarantor’s pro rata portion of such payment, based on the respective net assets of all the Security Guarantors at the time of such payment determined in accordance with GAAP.
This Security is initially entitled to the benefits of the certain Security Guarantees of the Security Guarantors and may thereafter be entitled to certain other Security Guarantees made for the benefit of the Holders.
No director, officer, employee, incorporator or stockholder of the Company or any Security Guarantor, as such, will have any liability for any obligations of the Company or the Security Guarantors under the Securities, this Indenture, the Security Guarantees, or for any claim based on, in respect of, or by reason of, such obligations or their creation.
The Trustee in its individual or any other capacity may become the owner or pledgee of Securities of any series and may otherwise deal with the Company, any Security Guarantors or any of their respective Affiliates with the same rights it would have if it were not Trustee.
All things necessary to make this Indenture a valid agreement of the Company and each of the Security Guarantors, in accordance with its terms, have been done.