Common use of Obligations of Borrower Unconditional Clause in Contracts

Obligations of Borrower Unconditional. (a) Nothing contained in this Article VIII or elsewhere in this Agreement or in the Senior Subordinated Notes is intended to or shall impair, as among the Borrower and GOF, the obligation of the Borrower, which is absolute and unconditional, to pay to GOF and its successors and assigns the principal of and interest on the Senior Subordinated Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the holders of the Senior Subordinated Notes and creditors of the Borrower other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent GOF and its successors or assigns from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Article VIII of the holders of the Senior Indebtedness in respect of cash, property or securities of the Borrower received upon the exercise of any such remedy. (b) Without limiting the generality of the foregoing, nothing contained in this Article VIII shall restrict the right of GOF and its successors and assigns to take any action to declare the Senior Subordinated Notes to be due and payable prior to its stated maturity pursuant to Sections 7.01 and 7.02 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness then due and payable shall first be paid in full in cash before GOF or its successors and assigns are entitled to receive any direct or indirect payment from the Borrower of principal of or interest on the Senior Subordinated Notes.

Obligations of Borrower Unconditional. (a) Nothing contained in this Article VIII ------------------------------------- Section 13 or elsewhere in this Agreement or in the Senior Subordinated Notes is intended to or shall impair, as among the Borrower and GOFthe Lenders, the obligation of the Borrower, which is absolute and unconditional, to pay to GOF and its successors and assigns the Lenders the principal of and interest on the Senior Subordinated Loans and Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the holders of the Senior Subordinated Notes Lenders and creditors of the Borrower other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent GOF and its successors the Lenders or assigns the Administrative Agent on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Article VIII Section 13 of the holders of the Senior Indebtedness in respect of cash, property or securities of the Borrower received upon the exercise of any such remedy. (b) . Without limiting the generality of the foregoing, nothing contained in this Article VIII Section 13 shall restrict the right of GOF and its successors and assigns the Administrative Agent or the Lenders to take any action to declare the Senior Subordinated Notes Securities to be due and payable prior to its their stated maturity pursuant to Sections 7.01 and 7.02 Section 10 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness then due and -------- ------- payable shall first be paid in full in cash before GOF the Lenders or its successors and assigns are the Administrative Agent is entitled to receive any direct or indirect payment from the Borrower of principal of or interest on the Senior Subordinated Loans and Notes.

Obligations of Borrower Unconditional. (a) Nothing contained in this Article VIII or elsewhere in this Agreement or in the Senior Subordinated Notes is intended to or shall impair, as among the Borrower and GOF, the obligation of the Borrower, which is absolute and unconditional, to pay to GOF and its successors and assigns the principal of and interest on the Senior Subordinated Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the holders of the Senior Subordinated Notes and creditors of the Borrower other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent GOF and its successors or assigns from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Article VIII of the holders of the Senior Indebtedness in respect of cash, property or securities of the Borrower received upon the exercise of any such remedy. (b) Without limiting the generality of the foregoing, nothing contained in this Article VIII shall restrict the right of GOF and its successors and assigns to take any action to declare the Senior Subordinated Notes to be due and payable prior to its stated maturity pursuant to Sections SECTIONS 7.01 and AND 7.02 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness then due and payable shall first be paid in full in cash before GOF or its successors and assigns are entitled to receive any direct or indirect payment from the Borrower of principal of or interest on the Senior Subordinated Notes.

Obligations of Borrower Unconditional. (a) Nothing contained in this Article VIII X or elsewhere in this Agreement or in the Senior Subordinated Notes Loan Documents is intended to or shall impair, as among the Borrower and GOFthe Lenders, the obligation of the Borrower, which is absolute and unconditional, to pay to GOF and its successors and assigns the principal of and interest on Lenders the Senior Subordinated Notes Indebtedness evidenced by the Bridge Loans as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the holders of the Senior Subordinated Notes Lenders and creditors of the Borrower other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent GOF and its successors the Lenders or assigns the Agents on their behalf from AGCO Bridge Loan Agreement exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Article VIII X of the holders of the Senior Indebtedness in respect of cash, property or securities of the Borrower received upon the exercise of any such remedyIndebtedness. (b) Without limiting the generality of the foregoing, nothing contained in this Article VIII shall X will restrict the right of GOF and its successors and assigns the Agents or the Lenders to take any action to declare the Senior Subordinated Notes Indebtedness evidenced by the Bridge Loans to be due and payable prior to its stated maturity the Final Maturity Date pursuant to Sections 7.01 and 7.02 Section 7.2 of this Agreement or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness then due and payable or thereafter declared to be due and payable shall first be paid in full full, in cash or cash equivalents, before GOF the Lenders or its successors and assigns the Agents are entitled to receive any direct or indirect payment from the Borrower of principal of or interest on the Senior Subordinated NotesIndebtedness evidenced by the Bridge Loans.