Common use of Obligations Continuing Clause in Contracts

Obligations Continuing. The Obligations of each Subsidiary Guarantor under its Subsidiary Guarantee shall be continuing and shall remain in full force and effect until all the Obligations hereunder have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint the Trustee, the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor under its Subsidiary Guarantee.

Appears in 4 contracts

Sources: Indenture (New World Restaurant Group Inc), Indenture (Discovery Zone Inc), Indenture (New World Coffee Manhattan Bagel Inc)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Subsidiary Upon the execution and delivery of this Indenture or a Guarantee pursuant to Section 4.15 or 4.19, each Guarantor shall hereby agrees agree with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 4 contracts

Sources: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)

Obligations Continuing. The Obligations obligations of each Subsidiary ---------------------- Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all of the Obligations hereunder obligations with respect thereto have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force in the jurisdiction of incorporation or organization of such Guarantor or elsewhere and, in the event of the failure of a Subsidiary such Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee and each of them the attorney attorneys and agent agents of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor under its Subsidiary Guaranteehereunder.

Appears in 2 contracts

Sources: Indenture (Sola International Inc), Indenture (Manitowoc Co Inc)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Subsidiary Upon the execution and delivery of a Guarantee pursuant to Section 4.15 or 4.20, each Guarantor shall hereby agrees agree with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 2 contracts

Sources: Indenture (Clean Harbors Inc), Indenture (GSL Corp)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Subsidiary Upon the execution and delivery of a Guarantee pursuant to Section 4.14, each Guarantor shall hereby agrees agree with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 2 contracts

Sources: Indenture (Salt Holdings Corp), Indenture (Salt Holdings Corp)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Upon the execution and delivery of a Subsidiary Guarantee pursuant to Section 4.15 or 4.21, each Guarantor shall hereby agrees agree with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 2 contracts

Sources: Indenture (RPP Capital Corp), Indenture (RPP Capital Corp)

Obligations Continuing. The Obligations Subject to Section 11.04 hereof, the obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees Guarantor, by its execution of a Guarantee, will agree with the Trustee that that, upon the Trustee’s reasonable request, it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee (acting reasonably) may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable it, by its execution of a Guarantee, will irrevocably appoint the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or reasonably advisable, in the reasonable judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 2 contracts

Sources: Indenture (BWAY Holding CO), Indenture (Bway Corp)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Subsidiary Upon the execution and delivery of a Guarantee pursuant to Section 4.15, each Guarantor shall hereby agrees agree with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 1 contract

Sources: Indenture (Compass Minerals International Inc)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor hereunder and under its Subsidiary Guarantee Guaran tee shall be continuing and shall remain in full force and effect until all the Obligations hereunder Obliga tions have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees Guarantor, by its execution of a Guarantee, will agree with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable it, by its execution of a Guarantee, will irrevocably appoint the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 1 contract

Sources: Indenture (Unilab Corp /De/)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee this Third Supplemental Indenture shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder under this Third Supplemental Indenture and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder under this Third Supplemental Indenture being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor under its Subsidiary Guaranteethis Third Supplemental Indenture.

Appears in 1 contract

Sources: Third Supplemental Indenture (Rosetta Resources Inc.)

Obligations Continuing. The Obligations Subject to Section 11.04 hereof, the obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees Guarantor, by its execution of a Guarantee, will agree with the Trustee that that, upon the Trustee's reasonable request, it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee (acting reasonably) may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable it, by its execution of a Guarantee, will irrevocably appoint the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or reasonably advisable, in the reasonable judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 1 contract

Sources: Indenture (Bway Corp)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until either all the Obligations hereunder obligations have been paid and satisfied in fulldischarged or defeased pursuant to Article VIII or terminated pursuant to Section 10.4. Each Subsidiary Guarantor shall hereby agrees agree with the Trustee that it will shall from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will shall prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 1 contract

Sources: Indenture (Aventine Renewable Energy Holdings Inc)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee this First Supplemental Indenture shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder under this First Supplemental Indenture and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder under this First Supplemental Indenture being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor under its Subsidiary Guaranteethis First Supplemental Indenture.

Appears in 1 contract

Sources: First Supplemental Indenture (Rosetta Resources Inc.)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until either all the Obligations hereunder obligations have been paid and satisfied in fulldischarged or defeased pursuant to Article VIII or terminated pursuant to Section 11.4. Each Subsidiary Guarantor shall hereby agrees agree with the Trustee that it will shall from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will shall prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 1 contract

Sources: Indenture (Aventine Renewable Energy Holdings Inc)

Obligations Continuing. The Obligations of each Subsidiary Guarantor under its Subsidiary Guarantee shall be continuing and shall remain in full force and effect until all the Obligations hereunder have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable irrevocably appoint the Trustee, the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor under its Subsidiary Guarantee.

Appears in 1 contract

Sources: Indenture (CSS Trade Names Inc)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee this Second Supplemental Indenture shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Subsidiary Guarantor hereby agrees with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this continued liability hereunder under this Second Supplemental Indenture and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder under this Second Supplemental Indenture being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor under its Subsidiary Guaranteethis Second Supplemental Indenture.

Appears in 1 contract

Sources: Second Supplemental Indenture (Rosetta Resources Inc.)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Subsidiary Upon the execution and delivery of this Indenture or a Guarantee pursuant to Section 4.15 or 4.20, each Guarantor shall hereby agrees agree with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 1 contract

Sources: Indenture (Clean Harbors Inc)

Obligations Continuing. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall be continuing and shall remain in full force and effect until all the Obligations hereunder obligations have been paid and satisfied in full. Each Upon the execution and delivery of a Subsidiary Guarantee pursuant to Section 4.15 or 4.21, each Guarantor shall hereby agrees agree with the Trustee that it will from time to time deliver to the Trustee suitable acknowledgments of this its continued liability hereunder and under any other instrument or 102 instruments in such form as counsel to the Trustee may advise and as will prevent any action brought against it in respect of any default hereunder being barred by any statute of limitations now or hereafter in force and, in the event of the failure of a Subsidiary Guarantor so to do, it shall irrevocable appoint hereby irrevocably appoints the Trustee, Trustee the attorney and agent of such Subsidiary Guarantor to make, execute and deliver such written acknowledgment or acknowledgments or other instruments as may from time to time become necessary or advisable, in the judgment of the Trustee on the advice of counsel, to fully maintain and keep in force the liability of such Subsidiary Guarantor hereunder and under its Subsidiary Guarantee.

Appears in 1 contract

Sources: Indenture (RPP Capital Corp)