Common use of Primary Obligations Clause in Contracts

Primary Obligations. The Obligations of each Subsidiary Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Subsidiary Guarantor agrees that it is directly liable to each Holder hereunder, that the Obligations of each Subsidiary Guarantor hereunder are independent of the Obligations of the Issuers or any other Subsidiary Guarantor, and that a separate action may be brought against each Subsidiary Guarantor, whether such action is brought against the Issuers or any other Subsidiary Guarantor or whether the Issuers or any other Subsidiary Guarantor is joined in such action. Each 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 whatever remedies they may have against the Issuers or any other Subsidiary Guarantor, or the enforcement of any lien or realization upon any security Trustee may at any time possess. Each Subsidiary Guarantor agrees that any release that may be given by the Trustee or the Holders to the Issuers or any other Subsidiary Guarantor shall not release such Subsidiary Guarantor.

Appears in 4 contracts

Sources: Indenture (Majestic Star Casino LLC), Indenture (Majestic Investor Capital Corp), Indenture (Majestic Investor Capital Corp)

Primary Obligations. The Obligations of each Subsidiary Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Subsidiary Guarantor agrees that it is directly liable to each Holder hereunder, that the Obligations of each Subsidiary Guarantor hereunder are independent of the Obligations of the Issuers Company or any other Subsidiary Guarantor, and that a separate action may be brought against each Subsidiary Guarantor, whether such action is brought against the Issuers Company or any other Subsidiary Guarantor or whether the Issuers Company or any other Subsidiary Guarantor is joined in such action. Each 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 whatever remedies they may have against the Issuers Company or any other Subsidiary Guarantor, or the enforcement of any lien or realization upon any security Trustee may at any time possess. Each Subsidiary Guarantor agrees that any release that may be given by the Trustee or the Holders to the Issuers Company or any other Subsidiary Guarantor shall not release such Subsidiary Guarantor.

Appears in 2 contracts

Sources: Indenture (Sports Club Co Inc), Indenture (Louisiana Casino Cruises Inc)

Primary Obligations. The Obligations of each Subsidiary Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Subsidiary Guarantor agrees that it is directly liable to each Holder hereunder, that the Obligations of each Subsidiary Guarantor hereunder are independent of the Obligations of the Issuers Issuer or any other Subsidiary Guarantor, and that a separate action may be brought against each Subsidiary Guarantor, whether such action is brought against the Issuers Issuer or any other Subsidiary Guarantor or whether the Issuers Issuer or any other Subsidiary Guarantor is joined in such action. Each Subsidiary Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by the Trustee, the Collateral Trustee or the Holders of whatever remedies they may have against the Issuers Issuer or any other Subsidiary Guarantor, Guarantor or the enforcement of any lien or realization upon any security the Trustee or the Collateral Trustee may at any time possess. Each Subsidiary Guarantor agrees that any release that may be given by the Trustee, the Collateral Trustee or the Holders to the Issuers Issuer or any other Subsidiary Guarantor shall not release such Subsidiary Guarantor.

Appears in 2 contracts

Sources: Indenture (Airtran Holdings Inc), Indenture (Panavision Inc)

Primary Obligations. The Obligations obligations of each Subsidiary Guarantor hereunder shall constitute a guaranty Guarantee of payment and not of collection. Each Subsidiary Guarantor agrees that it is directly liable to each Holder hereunder, that the Obligations obligations of each Subsidiary Guarantor hereunder are independent of the Obligations obligations of the Issuers Company or any other Subsidiary Guarantor, and that a separate action may be brought against each Subsidiary Guarantor, whether such action is brought against the Issuers Company or any other Subsidiary Guarantor or whether the Issuers Company or any other Subsidiary Guarantor is joined in such action. Each 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 whatever remedies they may have against the Issuers Company or any other Subsidiary Guarantor, Guarantor or the enforcement of any lien or realization upon any security the Trustee may at any time possess. Each Subsidiary Guarantor agrees that any release that may be given by the Trustee or the Holders to the Issuers Company or any other Subsidiary Guarantor shall not release such Subsidiary Guarantor.

Appears in 2 contracts

Sources: Indenture (American Medical Systems Holdings Inc), Indenture (AMS Sales CORP)

Primary Obligations. The Obligations of each Subsidiary Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Subsidiary Guarantor agrees that it is directly liable to each Holder hereunder, that the Obligations of each Subsidiary Guarantor hereunder are independent of the Obligations of the Issuers or any other Subsidiary Guarantor, and that a separate action may be brought against each Subsidiary Guarantor, whether such action is brought against either of the Issuers or any other Subsidiary Guarantor or whether either of the Issuers or any other Subsidiary Guarantor is joined in such action. Each 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 whatever remedies they may have against either of the Issuers or any other Subsidiary Guarantor, Guarantor or the enforcement of any lien or realization upon any security the Trustee may at any time possess. Each Subsidiary Guarantor agrees that any release that may be given by the Trustee or the Holders to either of the Issuers or any other Subsidiary Guarantor shall not release such Subsidiary Guarantor.

Appears in 1 contract

Sources: Indenture (Peninsula Gaming Corp)

Primary Obligations. The Obligations of each Subsidiary Guarantor hereunder shall constitute a guaranty of payment and not of collection. Each Subsidiary Guarantor agrees that it is directly liable to each Holder hereunder, that the Obligations of each Subsidiary Guarantor hereunder are independent of the Obligations of the Issuers or any other Subsidiary Guarantor, and that a separate action may be brought against each Subsidiary Guarantor, whether such action is brought against the Issuers or any other Subsidiary Guarantor or whether the Issuers or any other Subsidiary Guarantor is joined in such action. Each 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 whatever remedies they may have against the Issuers or any other Subsidiary Guarantor, or the enforcement of any lien or realization upon any security Trustee may at any time possess. Each Subsidiary Guarantor agrees that any release that may be given by the Trustee or the Holders to the Issuers or any other Subsidiary Guarantor shall not release such Subsidiary Guarantor.

Appears in 1 contract

Sources: Indenture (Majestic Star Casino LLC)