Common use of Form of Guarantee Clause in Contracts

Form of Guarantee. The form of Secured Notes Guarantee shall be set forth on the Secured Notes substantially as follows: SECURED NOTES GUARANTEE For value received, each Notes Guarantor hereby guarantees, jointly and severally with the other Notes Guarantors, as a primary obligor and not merely as a surety, the due and punctual payment and performance (i) to the holder of this Security the payment of principal of, premium, if any, and interest on, the Security upon which this Secured Notes Guarantee is set forth in the amounts and at the time when due and payable whether by declaration thereof, or otherwise, and interest on the overdue principal and interest, if any, of such Security, if lawful, to the holder of such Security and the Trustee on behalf of the Holders and (ii) all amounts owed to the Trustee under the Indenture, in each case in accordance with and subject to the terms and limitations of such Security, the Indenture and Article II of the First Supplemental Indenture. This Secured Notes Guarantee will not become effective until the Trustee or Authenticating Agent duly executes the certificate of authentication on this Security. This Secured Notes Guarantee shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles thereof. Dated: [NOTES GUARANTORS] By: Name: Title: First Supplemental Indenture

Appears in 2 contracts

Samples: Supplemental Indenture (ADT, Inc.), Supplemental Indenture (ADT, Inc.)

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Form of Guarantee. The form of Secured Notes Guarantee shall be set forth on the Secured Notes Securities substantially as follows: SECURED NOTES GUARANTEE For value received, each Notes Guarantor of the undersigned hereby absolutely, fully and unconditionally and irrevocably guarantees, jointly and severally with the each other Notes GuarantorsGuarantor, as a primary obligor and not merely as a surety, the due and punctual payment and performance (i) to the holder of this Security the payment of principal of, premium, if any, and interest on, the on this Security upon which this Secured Notes Guarantee is set forth these Guarantees are endorsed in the amounts and at the time when due and payable whether by declaration thereof, or otherwise, and interest on the overdue principal and interest, if any, of such this Security, if lawful, and the payment or performance of all other obligations of the Company under the Indenture or the Securities, to the holder of such this Security and the Trustee on behalf of the Holders and (ii) Trustee, all amounts owed to the Trustee under the Indenture, in each case in accordance with and subject to the terms and limitations of such Security, the Indenture this Security and Article II Thirteen of the First Supplemental Indenture. This Secured Notes Guarantee will shall not become effective until the Trustee or Authenticating Agent duly executes the certificate of authentication on this Security. This Secured Notes Guarantee These Guarantees shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles thereof. The Debt evidenced by these Guarantees is, to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of all Senior Guarantor Debt, whether outstanding on the date of the Indenture or thereafter, and the Guarantees are issued subject to such provisions. Dated: [NOTES GUARANTORSNAME OF GUARANTOR] By: Name: Title: First Supplemental IndentureARTICLE THREE THE SECURITIES

Appears in 1 contract

Samples: Penske Automotive Group, Inc.

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Form of Guarantee. The form of Secured Notes Guarantee shall be set forth on the Secured Notes Securities substantially as follows: SECURED NOTES GUARANTEE For value received, each Notes Guarantor of the undersigned hereby absolutely, fully and unconditionally and irrevocably guarantees, jointly and severally with the each other Notes GuarantorsGuarantor, as a primary obligor and not merely as a surety, the due and punctual payment and performance (i) to the holder of this Security the payment of principal of, premium, if any, and interest on, the on this Security upon which this Secured Notes Guarantee is set forth these Guarantees are endorsed in the amounts and at the time when due and payable whether by declaration thereof, or otherwise, and interest on the overdue principal and interest, if any, of such this Security, if lawful, and the payment or performance of all other obligations of the Company under the Indenture or the Securities, to the holder of such this Security and the Trustee on behalf of the Holders and (ii) Trustee, all amounts owed to the Trustee under the Indenture, in each case in accordance with and subject to the terms and limitations of such Security, the Indenture this Security and Article II Thirteen of the First Supplemental Indenture. This Secured Notes Guarantee will not become effective until the Trustee or Authenticating Agent duly executes the certificate of authentication on this Security. This Secured Notes Guarantee These Guarantees shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles thereof. The Debt evidenced by these Guarantees is, to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of all Senior Guarantor Debt, whether outstanding on the date of the Indenture or thereafter, and the Guarantees are issued subject to such provisions. Dated: [NOTES GUARANTORSNAME OF GUARANTOR] By: Name: Title: First Supplemental IndentureARTICLE THREE THE SECURITIES

Appears in 1 contract

Samples: Indenture (United Auto Group Inc)

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