Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Guarantor agrees that it is directly liable to each Holder hereunder, that the obligations of each Notes Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantor, and that a separate action may be brought against each Notes Guarantor, whether such action is brought against the Company or any other Notes Guarantor or whether the Company or any other Notes Guarantor is joined in such action. Each Notes Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders of whatever remedies they may have against the Company or any other Notes Guarantor or the enforcement of any lien or realization upon any security the Trustee may at any time possess. Each Notes Guarantor agrees that any release that may be given by the Trustee or the Holders to the Company or any other Notes Guarantor shall not release such Notes Guarantor.
Appears in 7 contracts
Sources: Indenture (Sanmina-Sci Corp), Indenture (American Medical Systems Holdings Inc), Indenture (American Medical Systems Holdings Inc)
Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Subsidiary Guarantor agrees that it is directly liable to each Holder holder hereunder, that the obligations of each Notes Subsidiary Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantorguarantor, and that a separate action may be brought against each Notes Subsidiary Guarantor, whether such action is brought against the Company or any other Notes Subsidiary Guarantor or whether the Company or any other Notes Guarantor guarantor is joined in such action. Each Notes Subsidiary Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders holders of the Notes of whatever remedies they may have against the Company or any other Notes Guarantor or the enforcement of any lien or realization upon any security the Trustee may at any time possessguarantor. Each Notes Subsidiary Guarantor agrees that any release that which may be given by the Trustee or the Holders holders of the Notes to the Company or any other Notes Guarantor guarantor shall not release such Notes Subsidiary Guarantor. Each Subsidiary Guarantor consents and agrees that the Trustee shall be under no obligation to marshal any property or assets of the Company or any other guarantor in favor of such Subsidiary Guarantor, or against or in payment of any or all of the Guaranteed Obligations.
Appears in 4 contracts
Sources: Indenture (MGM Mirage), Indenture (MGM Grand Inc), Indenture (MGM Mirage)
Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Guarantor agrees that it is directly liable to each Holder holder hereunder, that the obligations of each Notes Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantorguarantor, and that a separate action may be brought against each Notes Guarantor, whether such action is brought against the Company or any other Notes Guarantor guarantor or whether the Company or any other Notes Guarantor guarantor is joined in such action. Each Notes Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders holders of the Notes of whatever remedies they may have against the Company or any other Notes Guarantor or the enforcement of any lien or realization upon any security the Trustee may at any time possessguarantor. Each Notes Guarantor agrees that any release that which may be given by the Trustee or the Holders holders of the Notes to the Company or any other Notes Guarantor guarantor shall not release such Notes Guarantor. Each Guarantor consents and agrees that the Trustee shall be under no obligation to marshal any property or assets of the Company or any other guarantor in favor of such Guarantor, or against or in payment of any or all of the Guaranteed Obligations.
Appears in 3 contracts
Sources: Guarantee (MGM Mirage), Guarantee (MGM Mirage), Guarantee (MGM Mirage)
Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Subsidiary Guarantor agrees that it is directly liable to each Holder holder hereunder, that the obligations of each Notes Subsidiary Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantorguarantor, and that a separate action may be brought against each Notes Subsidiary Guarantor, whether such action is brought against the Company or any other Notes Subsidiary Guarantor or whether the Company or any other Notes Guarantor guarantor is joined in such action. Each Notes Subsidiary Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders holders of the Notes of whatever remedies they may have against the Company or any other Notes Guarantor guarantor, or the enforcement of any lien Lien or realization upon any security Collateral the Trustee may at any time possess. Each Notes Subsidiary Guarantor agrees that any release that which may be given by the Trustee or the Holders holders of the Notes to the Company or any other Notes Guarantor guarantor shall not release such Notes Subsidiary Guarantor. Each Subsidiary Guarantor consents and agrees that the Trustee shall be under no obligation to marshal any property or assets of the Company or any other guarantor in favor of such Subsidiary Guarantor, or against or in payment of any or all of the Guaranteed Obligations.
Appears in 2 contracts
Sources: Indenture (MGM Mirage), Indenture (MGM Mirage)
Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Subsidiary Guarantor agrees that it is directly liable to each Holder Noteholder hereunder, that the obligations of each Notes Subsidiary Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantorguarantor, and that a separate action may be brought against each Notes Subsidiary Guarantor, whether such action is brought against the Company or any other Notes Subsidiary Guarantor or whether the Company or any other Notes Guarantor guarantor is joined in such action. Each Notes Subsidiary Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders Noteholders of whatever remedies they may have against the Company or any other Notes Guarantor or the enforcement of any lien or realization upon any security the Trustee may at any time possessguarantor. Each Notes Subsidiary Guarantor agrees that any release that which may be given by the Trustee or the Holders Noteholders to the Company or any other Notes Guarantor guarantor shall not release such Notes Subsidiary Guarantor. Each Subsidiary Guarantor consents and agrees that the Trustee shall be under no obligation to marshal any property or assets of the Company or any other guarantor in favor of such Subsidiary Guarantor, or against or in payment of any or all of the Guaranteed Obligations.
Appears in 2 contracts
Sources: Indenture (MGM Resorts International), Indenture (MGM Mirage)
Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Subsidiary Guarantor agrees that it is directly liable to each Holder hereunder, that the obligations of each Notes Subsidiary Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantorguarantor, and that a separate action may be brought against each Notes Subsidiary Guarantor, whether such action is brought against the Company or any other Notes Subsidiary Guarantor or whether the Company or any other Notes Guarantor guarantor is joined in such action. Each Notes Subsidiary Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders of the Notes of whatever remedies they may have against the Company or any other Notes Guarantor guarantor, or the enforcement of any lien Lien or realization upon any security Collateral the Trustee may at any time possess. Each Notes Subsidiary Guarantor agrees that any release that which may be given by the Trustee or the Holders of the Notes to the Company or any other Notes Guarantor guarantor shall not release such Notes Subsidiary Guarantor. Each Subsidiary Guarantor consents and agrees that the Trustee shall be under no obligation to marshal any property or assets of the Company or any other guarantor in favor of such Subsidiary Guarantor, or against or in payment of any or all of the Guaranteed Obligations.
Appears in 1 contract
Sources: Indenture (MGM Mirage)
Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Guarantor agrees that it is directly liable to each Holder hereunder, that the obligations of each Notes Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantor, and that a separate action may be brought against each Notes Guarantor, whether such action is brought against the Company or any other Notes Guarantor or whether the Company or any other Notes Guarantor is joined in such action. Each Notes Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders of whatever remedies they may have against the Company or any other Notes Guarantor or the enforcement of any lien or realization upon any security the Trustee may at any time possess. Each Notes Guarantor agrees that any release that may be given by the Trustee or the Holders to the Company or any other Notes Guarantor shall not release such Notes Guarantor.time
Appears in 1 contract
Sources: Indenture (Sanmina Corp)
Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Guarantor agrees that it is directly liable to each Holder holder hereunder, that the obligations of each Notes Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantorguarantor, and that a separate action may be brought against each Notes Guarantor, whether such action is brought against the Company or any other Notes Guarantor or whether the Company or any other Notes Guarantor guarantor is joined in such action. Each Notes Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders holders of the Notes of whatever remedies they may have against the Company or any other Notes Guarantor guarantor, or the enforcement of any lien Lien or realization upon any security Collateral the Trustee may at any time possess. Each Notes Guarantor agrees that any release that which may be given by the Trustee or the Holders holders of the Notes to the Company or any other Notes Guarantor guarantor shall not release such Notes Guarantor. Each Guarantor consents and agrees that the Trustee shall be under no obligation to marshal any property or assets of the Company or any other guarantor in favor of such Guarantor, or against or in payment of any or all of the Guaranteed Obligations.
Appears in 1 contract
Sources: Indenture (MGM Grand Inc)
Primary Obligations. The obligations of each Notes Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Guarantor agrees that it is directly ------------------- liable to each Holder holder hereunder, that the obligations of each Notes Guarantor hereunder are independent of the obligations of the Company or any other Notes Guarantorguarantor, and that a separate action may be brought against each Notes Guarantor, whether such action is brought against the Company or any other Notes Guarantor guarantor or whether the Company or any other Notes Guarantor guarantor is joined in such action. Each Notes Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders holders of the Notes of whatever remedies they may have against the Company or any other Notes Guarantor guarantor, or the enforcement of any lien Lien or realization upon any security Collateral the Trustee may at any time possess. Each Notes Guarantor agrees that any release that which may be given by the Trustee or the Holders holders of the Notes to the Company or any other Notes Guarantor guarantor shall not release such Notes Guarantor. Each Guarantor consents and agrees that the Trustee shall be under no obligation to marshal any property or assets of the Company or any other guarantor in favor of such Guarantor, or against or in payment of any or all of the Guaranteed Obligations.
Appears in 1 contract
Sources: Guarantee (MGM Grand Inc)
Primary Obligations. The obligations Obligations of each Notes Note Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Notes Note Guarantor agrees that it is directly liable to each Holder hereunder, that the obligations Obligations of each Notes Note Guarantor hereunder are independent of the obligations Obligations of the Company Issuer or any other Notes Note Guarantor, and that a separate action may be brought against each Notes Note Guarantor, whether such action is brought against the Company Issuer or any other Notes Note Guarantor or whether the Company Issuer or any other Notes Note Guarantor is joined in such action. Each Notes Note Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee or the Holders of whatever remedies they may have against the Company Issuer or any other Notes Guarantor Note Guarantor, or the enforcement of any lien or realization upon any security the Collateral Agent or the Trustee may at any time possess. Each Notes Note Guarantor agrees that any release that may be given by the Collateral Agent, Trustee or the Holders to the Company Issuer or any other Notes Note Guarantor shall not release such Notes Note Guarantor.
Appears in 1 contract