Guarantee by the Company. Subject to the terms and conditions hereof, the Company, including in its capacity as holder of the Common Securities, hereby irrevocably and unconditionally guarantees to each person or entity to whom the Trust is now or hereafter becomes indebted or liable (the "Beneficiaries") the full payment when and as due, of any and all Obligations (as hereinafter defined) to such Beneficiaries. As used herein, "
Guarantee by the Company. Subject to the terms and conditions hereof, the Company hereby irrevocably and unconditionally guarantees to each person or entity to whom the Trust is now or hereafter becomes indebted or liable (the "Beneficiaries") the full payment, when and as due, of any and all Obligations (as hereinafter defined) to such Beneficiaries. As used herein, "Obligations" means any indebtedness, expenses or liabilities of the Trust, other than obligations of the Trust to pay to holders of any Preferred Securities or other similar interests in the Trust the amounts due such holders pursuant to the terms of the Preferred Securities or such other similar interests, as the case may be. This Agreement is intended to be for the benefit of, and to be enforceable by, all such Beneficiaries, whether or not such Beneficiaries have received notice hereof.
Guarantee by the Company. Subject to the terms and conditions hereof, the Company, including in its capacity as holder of the Common Securities, hereby irrevocably and unconditionally guarantees to each person or entity to whom the Trust is now or hereafter becomes indebted or liable (the "Beneficiaries") the full payment, when and as due, of any and all Obligations (as hereinafter defined) to such Beneficiaries. As used herein, "Obligations" means any costs, expenses or liabilities of the Trust other than obligations of the Trust to pay to holders of any Preferred Securities or other similar interests in the Trust the amounts due such holders pursuant to the terms of the Preferred Securities or such other similar interests, as the case may be. This Agreement is intended to be for the benefit of, and to be enforceable by, all such Beneficiaries, whether or not such Beneficiaries have received notice hereof.
Guarantee by the Company. To the extent required in connection with the assignment of any of the Assigned Agreements to Buyer, the Company agrees to guarantee the obligations of Buyer under such Assigned Agreement to the counterparty thereto. The Company and Buyer agree that, as between such two parties, any such guarantee by the Company shall not relieve Buyer of its obligations under Section 2 of this Assignment and Assumption Agreement. The guarantee under this Section 5 shall expire upon (a) the Company’s exercise of its Repurchase Right, (b) the termination of the Asset Purchase Agreement pursuant to Section 6.1 of the Asset Purchase Agreement or (c) mutual agreement of the Company and Buyer.
Guarantee by the Company. Subject to the terms and conditions hereof, the Company hereby irrevocably and unconditionally guarantees to each person or entity to whom the Trust is now or hereafter becomes indebted or liable (the "Beneficiaries") the full payment, when and as due, of any and all Obligations (as hereinafter defined) to such Beneficiaries. As used herein, "Obligations" means any costs, expenses or liabilities of the Trust (including, without limitation, expenses relating to the offering of the Trust Preferred Securities and any expenses the Property Trustee may incur relating to the enforcement of the rights of the holders of the Trust Preferred Securities or the Debentures pursuant to the Trust Agreement and the Indenture relating to the Debentures, respectively), other than obligations of the Trust to pay to holders of any Trust Preferred Securities or other similar interests in the Trust the amounts due such holders pursuant to the terms of the Trust Preferred Securities or such other similar interests, as the case may be. This Agreement is intended to be for the benefit of, and to be enforceable by, all such Beneficiaries, whether or not such Beneficiaries have received notice hereof.
Guarantee by the Company. Subject to the terms and conditions hereof, the Company hereby irrevocably and unconditionally guarantees to each person or entity to whom the Trust is now or hereafter becomes indebted or liable (the "Beneficiaries") the full payment, when and as due, of any and all Obligations (as hereinafter defined) to such Beneficiaries. As used herein, "Obligations" means any indebtedness, expenses or liabilities of the Trust (including obligations under the Calculation Agent Agreement by and among the Trust, the Company and JPMorgan Chase Bank, as calculation agent, to be dated as of October 2, 2002 and the Remarketing Agreement by and among the Trust, the Company and Lehman Brothers Inc. as remarketing agent dated October 2, 2000), xxher than obligations of the Trust to pay to holders of any Preferred Securities or other similar interests in the Trust the amounts due such holders pursuant to the terms of the Preferred Securities or such other similar interests, as the case may be. This Agreement is intended to be for the benefit of, and to be enforceable by, all such Beneficiaries, whether or not such Beneficiaries have received notice hereof.
Guarantee by the Company. The Company also executed on 19 May 2008 a guarantee in favour of the Contractor pursuant to which the Company agrees to guarantee the due and faithful performance and fulfillment by Xxxxxxx in accordance with the terms of the Contract.
Guarantee by the Company. (a) The Company, in consideration of the execution and delivery of this Agreement, hereby unconditionally and irrevocably guarantees to you (together with your successors and assigns, hereinafter referred to as the "Purchaser") and to the holders from time to time of the Notes, the due and punctual payment of the principal of, premium, if any, (including, without limitation, the Market Premium, if any) and interest on the Notes when and as the same shall become due and payable, whether at the maturity thereof, by acceleration, by notice of prepayment or otherwise, according to the terms thereof and of this Agreement, and the due and punctual payment of any other amounts owing to the Purchaser and to such holders under or in respect of the Notes and all other payment obligations of the ESOT hereunder (including, without limitation, amounts payable by the ESOT pursuant to paragraph 7), whether absolute or contingent, liquidated or unliquidated. In the absence of the due observance and performance by the ESOT of any of its other obligations, undertakings and conditions contained in this Agreement the Company shall use its best efforts, to the extent practicable, to provide reasonably equivalent performance intended to achieve comparable results. If the ESOT shall not punctually pay any such principal, premium (including, without limitation, the Market Premium, if any), interest or other amounts (regardless of whether the holders of the Notes have recourse against the ESOT), the Company shall make such payment forthwith thereafter. If the Purchaser or any of the holders of the Notes shall have the right to declare any or all of the Notes due and payable (or any such right shall be limited by operation of the last sentence of paragraph 9A or otherwise), and acceleration of the payment of such Notes is stayed, enjoined or otherwise prevented for any reason, including, without limitation, because of the provisions of Treasury Regulation section 54.4975-7 and 54.4975-11, the Company, upon demand therefore, shall pay to the Purchaser and each holder of Notes, the sums which would have been due to the Purchaser and such holders under this Agreement if such acceleration had occurred, all as permitted by applicable law.
Guarantee by the Company. The Company has undertaken that within ten days after receipt of a refund guarantee which covers all installments before delivery of the Vessel and which is expected to be received on or around 28 July 2008, the Company will execute a guarantee in favour of the Builder pursuant to which the Company agrees to guarantee the full and punctual payment of each installment of the Vessel by the Purchaser in accordance with the terms of the Contract. A refund guarantee will be issued by the Builder's bank in favour of the Purchaser whereby the Builder's bank will guarantee the refund of all installments before delivery of the Vessel plus interest to the Purchaser if the delivery of the Vessel is not effected according to the agreed date of delivery.
Guarantee by the Company. Pursuant to the Equity Transfer Agreement, All Pride shall procure the Company (as the shareholder of All Pride) to provide an irrevocable joint and several guarantee in favour of Great Wall for the liabilities of All Pride under the Equity Transfer Agreement for the loss suffered by Great Wall or Shanghai Skyway arising from liabilities and contingent liabilities of Shanghai Skyway which have not been disclosed in the Equity Transfer Agreement. The Company has provided such irrevocable joint and several guarantee on 18 March 2016 (after trading hours).
