Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 14 contracts
Samples: Indenture (Kinetic Concepts Inc /Tx/), Amended And (Huntsman Petrochemical Finance Co), Indenture (Huntsman Petrochemical Finance Co)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor the Guarantors hereunder, the obligations of each Guarantor the Guarantors under Section 11.01 13.01 shall survive the payment in full of the Obligations under this Indenture and shall be enforceable against such Guarantor the Guarantors without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantorthe Guarantors.
Appears in 9 contracts
Samples: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/), Indenture (Amvescap PLC/London/)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 10.1 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 5 contracts
Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 10.1 shall survive until the indefeasible payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 5 contracts
Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 10.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.
Appears in 5 contracts
Samples: Indenture (Clean Harbors Inc), Clean Harbors Inc, Indenture (Clean Harbors Inc)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 10.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 5 contracts
Samples: Indenture (Huntsman Polymers Corp), Huntsman Advanced Materials (UK) LTD, Indenture (Lennar Corp /New/)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations any obligations with respect to its Guarantee and shall be enforceable against such each Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 5 contracts
Samples: Fourth Supplemental Indenture (Manitowoc Co Inc), Supplemental Indenture (Manitowoc Co Inc), First Supplemental Indenture (Manitowoc Co Inc)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 13.06 shall survive the payment in full of the Guaranteed Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 3 contracts
Samples: Supplemental Indenture (Net Servicos De Comunicacao S A), Brazilian Communitary Antennae LTD, Brazilian Communitary Antennae LTD
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations 10.01 and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 3 contracts
Samples: Financing and Security Agreement (Kimberton Enterprises Inc), Indenture (Penhall Co), Town Sports International Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations any obligations with respect to its Guarantee and shall be enforceable against such each Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.
Appears in 3 contracts
Samples: Indenture (Manitowoc Co Inc), Intercreditor Agreement (Manitowoc Co Inc), Indenture (Manitowoc Foodservice, Inc.)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 3 contracts
Samples: Indenture (Avado Brands Inc), Pacer Express Inc, MTL Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 11.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.
Appears in 3 contracts
Samples: Clean Harbors Inc, Merger Agreement (Salt Holdings Corp), GSL Corp
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 11.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company either Issuer or any Guarantor.
Appears in 3 contracts
Samples: Progress Rail Services (Progress Rail Services, Inc.), RPP Capital Corp, RPP Capital Corp
Survival of Obligations. Without Subject to Section 11.04, without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 3 contracts
Samples: Indenture (Bway Corp), Indenture (BWAY Holding CO), Bway Corp
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor and the Subordinated Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive and the payment in full obligations of the Obligations and Subordinated Guarantor under Section 11.02 shall be enforceable against such Guarantor and the Subordinated Guarantor, respectively, without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer, any Guarantor or any the Subordinated Guarantor.
Appears in 3 contracts
Samples: Williams Scotsman (Williams Scotsman Inc), Mobile Field Office Co, Williams Scotsman of Canada Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunderunder this Indenture, the obligations of each Guarantor under Section 11.01 13.1 shall survive the payment in full of the Issuer’s obligations under the Note Obligations and this Indenture and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.
Appears in 2 contracts
Samples: First Supplemental Indenture (GMX Resources Inc), Indenture (GMX Resources Inc)
Survival of Obligations. Without prejudice to the ----------------------- survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations any obligations with respect to its Guarantee and shall be enforceable against such each Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 2 contracts
Samples: Manitowoc Co Inc, Sola International Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations 13.01 and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 2 contracts
Samples: Doe Run Resources Corp, Indenture (Doe Run Resources Corp)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 10.01 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuers or any Guarantor.
Appears in 2 contracts
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 2 contracts
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations and 10.01 shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 2 contracts
Samples: Universal Compression Holdings Inc, Universal Compression Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 12.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 2 contracts
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunderunder this Agreement, the obligations of each Guarantor under Section 11.01 12.1 shall survive the payment in full of the Obligations Subordinated Note Debt and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company an Issuer or any Guarantor.
Appears in 1 contract
Samples: Note and Unit Subscription Agreement (Carlyle Group L.P.)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 12.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.
Appears in 1 contract
Samples: Indenture (Clean Harbors Inc)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each the Guarantor hereunder, the obligations of each the Guarantor under Section 11.01 1301 shall survive the payment in full of the Obligations under this Indenture and shall be enforceable against such the Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any the Guarantor.
Appears in 1 contract
Samples: Indenture (Bowater Inc)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 10.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 10.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Vista Eyecare Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 32(a) shall survive the payment in full of the Obligations Notes and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.
Appears in 1 contract
Samples: Master Issuing and Paying Agency Agreement (Lennar Corp /New/)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 11.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Quality Distribution Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each the Guarantor hereunder, the obligations of each the Guarantor under Section 11.01 10.01 shall survive the payment in full of the Obligations and shall be enforceable against such the Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any the Guarantor.. 105
Appears in 1 contract
Samples: Indenture (Alta One Inc.)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor and the U.S. Issuer hereunder, the obligations of each Guarantor and the U.S. Issuer under Section 11.01 12.01 shall survive the payment in full of the Obligations obligations under this Indenture and the Notes and shall be enforceable against such Guarantor or the U.S. Issuer without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company either Issuer or any Guarantor.
Appears in 1 contract
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 11.1 shall survive the payment in full of the Obligations obligations of the Issuers in respect of the Securities and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company any Issuer or any Guarantor.
Appears in 1 contract
Samples: Natg Holdings LLC
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 10.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuers or any Guarantor.
Appears in 1 contract
Samples: Quality Distribution Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuers or any Guarantor.
Appears in 1 contract
Samples: Quality Distribution Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Standard Commercial Corp
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 12.01 shall survive the payment in full of the Obligations obligations under this Indenture and the Notes and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Philipp Brothers Chemicals Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect ef- fect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.
Appears in 1 contract
Samples: Indenture (Standard Commercial Corp)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunderGuarantor, the obligations of each Guarantor under Section 11.01 12.01 shall survive the payment in full of the Issuer's Obligations under this Indenture and the Senior Notes and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.. 77
Appears in 1 contract
Samples: Indenture (Southwest Royalties Inc)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 2.01 shall survive the payment in full of the Obligations of the Company under the Indenture and the Notes and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Lennar Corp /New/
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 11.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company either Issuer or any Guarantor.. 108
Appears in 1 contract
Samples: RPP Capital Corp
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor the Guarantors hereunder, the obligations of each Guarantor the Guarantors under Section 11.01 14.01 shall survive the payment in full of the Obligations under this Indenture and shall be enforceable against such Guarantor the Guarantors without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantorthe Guarantors.
Appears in 1 contract
Samples: Indenture (IVZ Inc)
Survival of Obligations. Without prejudice to the survival of any of the other obligations Guarantor Obligations of each Guarantor hereunder, the obligations Guarantor Obligations of each Guarantor under Section 11.01 shall survive the payment in full of the Obligations and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Indenture (Heritage Property Investment Limited Partnership)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 13.06 shall survive the payment in full of the Guaranteed Obligations and shall be enforceable against such 153 Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Supplemental Indenture (Net Servicos De Comunicacao S A)
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 12.01 shall survive the payment in full of the Obligations obligations of the Company under this Indenture and the Notes and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Young America Holdings Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each the Guarantor hereunder, the obligations of each the Guarantor under Section 11.01 shall survive the payment in full of the Obligations obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against the Guarantor to the same extent as prior to any such Guarantor payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Partnership or any the Guarantor.
Appears in 1 contract
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each any Guarantor hereunder, the obligations of each Guarantor under Section 11.01 11.1 shall survive the payment in full of the Obligations under the Securities, but only if and to the extent such payment is avoided, and in such case shall be enforceable against such Guarantor to the same extent as prior to any such payment and without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuers or any Guarantor.
Appears in 1 contract
Samples: Quality Distribution Inc
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunder, the obligations of each Guarantor under Section 11.01 2.01 shall survive the payment in full of the Obligations of the Company under the Indenture and the Debentures and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company or any Guarantor.
Appears in 1 contract
Samples: Lennar Corp /New/
Survival of Obligations. Without prejudice to the survival of any of the other obligations of each Guarantor hereunderGuarantor, the obligations of each Guarantor under Section 11.01 12.01 shall survive the payment in full of the Issuer's Obligations under this Indenture and the Notes and shall be enforceable against such Guarantor without regard to and without giving effect to any defense, right of offset or counterclaim available to or which may be asserted by the Company Issuer or any Guarantor.
Appears in 1 contract
