Right to Demand Full Performance. In the event of any demand for payment or performance by the Trustee from any Guarantor hereunder, the Trustee or the Holders shall have the right to demand its full claim and to receive all dividends or other payments in respect thereof until the Indenture Obligations have been paid in full, and the Guarantors shall continue to be jointly and severally liable hereunder for any balance which may be owing to the Trustee or the Holders by the Company under this Indenture and the Notes. The retention by the Trustee or the Holders of any security, prior to the realization by the Trustee or the Holders of its rights to such security upon foreclosure thereon, shall not, as between the Trustee and any Guarantor, be considered as a purchase of such security, or as payment, satisfaction or reduction of the Indenture Obligations due to the Trustee or the Holders by the Company or any part thereof.
Appears in 3 contracts
Sources: Indenture (Constellation Brands, Inc.), Indenture (SCV Epi Vineyards Inc), Indenture (Canandaigua B V)
Right to Demand Full Performance. In the event of any demand for payment or performance by the Trustee from any Guarantor hereunder, the Trustee or the Holders shall have the right to demand its full claim and to receive all dividends or other payments in respect thereof until the Indenture Obligations have been paid in full, and the Guarantors shall continue to be jointly and severally liable hereunder for any balance which may be owing to the Trustee or the Holders by the Company under this Supplemental Indenture and the Indenture and the Notes. The retention by the Trustee or the Holders of any security, prior to the realization by the Trustee or the Holders of its rights to such security upon foreclosure thereon, shall not, as between the Trustee and any Guarantor, be considered as a purchase of such security, or as payment, satisfaction or reduction of the Indenture Obligations due to the Trustee or the Holders by the Company or any part thereof.
Appears in 2 contracts
Sources: Supplemental Indenture (Mt Veeder Corp), Supplemental Indenture (Candanaigua B V)
Right to Demand Full Performance. In the event of any demand for payment or performance on the Guarantee by the Trustee from any the Guarantor hereunder, subject to the subordination provisions of Section 12.15, the Trustee or the Holders shall have the right to demand its full claim and to receive all dividends interest or other payments in respect thereof until the Indenture Obligations have been paid in full, and the Guarantors Guarantor shall continue to be jointly and severally liable hereunder for any balance which may be owing to the Trustee or the Holders by the Company under this Indenture and the NotesSecurities. The retention by the Trustee or the Holders of any security, prior to the realization by the Trustee or the Holders of its rights to such security upon foreclosure thereon, shall not, as between the Trustee and any the Guarantor, be considered as a purchase of such security, or as payment, satisfaction or reduction of the Indenture Obligations due to the Trustee or the Holders by the Company or any part thereof.
Appears in 1 contract
Sources: Indenture (Morgans Hotel Group Co.)
Right to Demand Full Performance. In the event of any demand for payment or performance by the Trustee from any Guarantor hereunder▇▇▇▇▇▇▇▇ hereunder (after the Guarantee's effectiveness), the Trustee or the Holders shall have the right to demand its full claim and to receive all dividends or other payments in respect thereof until the Indenture Obligations have been paid in full, and the Guarantors ▇▇▇▇▇▇▇▇ shall continue to be jointly and severally liable hereunder for any balance which may be owing to the Trustee or the Holders by the Company under this Indenture and the NotesKDSM Senior Debentures. The retention by the Trustee or the Holders of any security, prior to the realization by the Trustee or the Holders of its rights to such security upon foreclosure thereon, shall not, as between the Trustee and any Guarantor▇▇▇▇▇▇▇▇, be considered as a purchase of such security, or as payment, satisfaction or reduction of the Indenture Obligations due to the Trustee or the Holders by the Company or any part thereof.
Appears in 1 contract