Common use of Obligations of Guarantors Unconditional Clause in Contracts

Obligations of Guarantors Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture, the Notes or the Guarantees is intended to or shall impair, as among any Guarantor, its creditors other than the holders of Guarantor Senior Debt of such Guarantor, and the Holders, the obligation of such Guarantor, which is absolute and unconditional, to pay to the Holders the principal of and any interest on the Notes and any payments due on the Guarantees 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 and creditors of the Company other than the holders of the Guarantor Senior Debt of such Guarantor, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, in respect of cash, property or securities of such Guarantor received upon the exercise of any such remedy.

Appears in 4 contracts

Sources: Indenture (Management Solutins Inc/), Indenture (Tokheim Corp), Indenture (Tokheim Corp)

Obligations of Guarantors Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture, Indenture or in the Notes or the Guarantees Guarantee is intended to or shall impair, as among any Guarantor, its creditors other than the holders of Guarantor Senior Debt of such Guarantor, Guarantors and the HoldersHolders of the Notes, the obligation of such Guarantoreach Guarantee, which is absolute and unconditional, to pay to the Holders of the Notes the principal of, interest on, and all other amounts in respect of and any interest on the Notes and any payments due on the Guarantees as and when the same shall become due and payable in accordance with their termsthe terms of the Guarantee, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company any Guarantor other than the holders of the Guarantor Senior Debt of such GuarantorDebt, nor shall anything herein or therein prevent the Holder of any Note or the Trustee on its their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of the Senior Debt in respect of cash, property or securities of such any Guarantor received upon the exercise of any such remedy.

Appears in 1 contract

Sources: Indenture (HRM Holdings Corp)

Obligations of Guarantors Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture, Indenture or in the Notes Securities or the Guarantees Guarantee is intended to or shall impair, as among any Guarantor, its creditors other than the holders of Guarantor Senior Debt of such Guarantor, Guarantors and the HoldersHolders of the Securities, the obligation of such Guarantoreach Guarantee, which is absolute and unconditional, to pay to the Holders of the Securities the principal of, interest (including Additional Interest, if any) on, and all other amounts in respect of and any interest on the Notes and any payments due on the Guarantees Securities as and when the same shall become due and payable in accordance with their termsthe terms of the Guarantee, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company any Guarantor other than the holders of the Guarantor Senior Debt of such GuarantorDebt, nor shall anything herein or therein prevent the Holder of any Note Security or the Trustee on its their behalf from exercising all remedies otherwise permitted by applicable law upon default under this the Indenture, subject to the rights, if any, under this Article of the holders of the Senior Debt in respect of cash, property or securities of such any Guarantor received upon the exercise of any such remedy.

Appears in 1 contract

Sources: Indenture (Aep Industries Inc)