Additional Guaranties. This Guaranty shall be in addition to any other guaranty or other security for the Obligations, and it shall not be prejudiced or rendered unenforceable by the invalidity of any such other guaranty or security.
Additional Guaranties. If at the end of any Fiscal Quarter of the Sponsor:
(a) the total assets of Subsidiaries that are not Guarantors constitute more than five percent (5%) of the total assets of the Consolidated Companies, or
(b) the Consolidated Net Income of Subsidiaries that are not Guarantors constitute more than five percent (5%) of the Consolidated Net Income of the Consolidated Companies, then the Sponsor shall (i) notify the Servicer thereof in the certificate delivered pursuant to Section 6.1(c) for such fiscal quarter and (ii) within 15 days thereafter, (A) cause the appropriate number of Subsidiaries to become Guarantors (by execution of an agreement in the form of Annex I to Exhibit B in form and substance satisfactory to the Servicer, (B) cause such Subsidiary to deliver simultaneously therewith similar documents required under Section 11.1 as reasonably requested by the Servicer or the Collateral Agent, including without limitation, a supplement to the Pledge Agreement and all certificates CHAR1\1054915v3 evidencing any certificated Equity Interests required to be pledged pursuant to the Pledge Agreement, together with duly executed in blank and undated stock powers attached thereto and favorable opinions of counsel to such Person (which shall cover, among other things, the legality, validity, binding effect and enforceability of the documentation referred to in clauses (A) and (B) and (C)) and (C) cause such Subsidiary to become a party to the Intercreditor Agreement by executing and delivering to the Servicer a joinder agreement to the Intercreditor Agreement, all in form and substance reasonably satisfactory to the Servicer and the Collateral Agent.
(p) Article VI of the Loan Facility Agreement is hereby amended by adding new Sections 6.10A and 6.10B after Section 6.10 thereof which shall read as follows:
Additional Guaranties. Guarantor recognizes and agrees that Guarantor may have previously granted, and may in the future grant, one or more additional guaranties of Borrower's Indebtedness In favor of Lander. Should this occur, the execution of this Agreement and any additional guaranties on the part of Guarantor will not be construed as a cancellation of this Agreement or any of Guarantor's additional guaranties; it being Guarantor's full intent and agreement that all such guaranties of Borrower's Indebtedness in favor of Lander shall remain In full force and effect and shall be cumulative in nature and effect.
Additional Guaranties. Each Subsidiary of an Indenture Obligor shall be a Guarantor and, accordingly, if any Subsidiary of any Indenture Obligor shall be formed after the Closing Date, such Indenture Obligor shall cause such Subsidiary to execute and deliver to the Trustee a duly executed supplemental indenture, pursuant to which such Subsidiary shall unconditionally guaranty, in accordance with Article Thirteen hereof, all of PCI and the Company's obligations under the Indenture and the Securities on the same terms as the other Guarantors, and such guaranty shall rank pari passu with the senior Indebtedness of such Subsidiary.
Additional Guaranties. The Company will from time to time cause each Domestic Subsidiary thereof which has not previously done so to execute and deliver to the Administrative Agent duly executed supplements and amendments to the Guaranty, in each case, in form and substance satisfactory to the Administrative Agent. In the event that there shall be a change in law that eliminates the adverse tax consequences to the Company or any of its Subsidiaries that would have resulted on the date hereof (so that such consequences, if any, are immaterial) from the guaranty by any Foreign Subsidiary of the Payment Obligations, the Company will cause each of its Foreign Subsidiaries to execute and deliver to the Administrative Agent duly executed supplements and amendments to the Guaranty, in each case, in form and substance satisfactory to the Administrative Agent. Each such supplement or amendment shall be accompanied by such resolutions, incumbency certificates and legal opinions as are reasonably requested by the Administrative Agent and are in form and substance reasonably satisfactory to the Administrative Agent.
Additional Guaranties. The Company shall cause any Person that hereafter becomes a Subsidiary of the Company to execute and deliver to the holders of the Notes a Guaranty Agreement with respect to the obligations of the Company hereunder and under the Notes, substantially in the form of Exhibit D, with such changes to such form as may be appropriate to reflect the identity and circumstances of the guarantor.
Additional Guaranties. This Guaranty is in addition and without prejudice to any other guaranties of any kind (whether or not in the same form as this instrument) now or hereafter held by Lender with respect to the Debt. Lender shall not be obligated to proceed under any other guaranty or security with respect to any or all of the Obligations or the Guaranteed Obligations before being entitled to payment from each or any Guarantor under this Guaranty.
Additional Guaranties. To the extent not delivered to the Administrative Agent on or before the Effective Date, the Borrower promptly shall, and shall cause each of its Restricted Subsidiaries promptly to, in the case of any Restricted Subsidiary that is a Domestic Subsidiary owning 5% or more of the Total Assets of the Borrower and its Restricted Subsidiaries or contributing 5% or more of the Consolidated Net Income of the Borrower and its Restricted Subsidiaries for the immediately preceding four fiscal quarters, cause such Restricted Subsidiary to become a party to the Guaranty. Notwithstanding anything herein to the contrary, in the event that at any time the Subsidiaries of the Borrower (other than those Subsidiaries engaged in the business of originating residential home loans, title insurance and reinsurance) that are not Guarantors own, in the aggregate for all such Subsidiaries, 5% or more of the Total Assets of the Borrower and its Restricted Subsidiaries or contribute 5% or more of the Consolidated Net Income of the Borrower and its Restricted Subsidiaries for the immediately preceding four fiscal quarters, the Borrower shall promptly cause such number of its Subsidiaries to become a party to the Guaranty so that the Subsidiaries of the Borrower that are not Guarantors do not own, in the aggregate for all such Subsidiaries, 5% or more of the Total Assets of the Borrower and its Restricted Subsidiaries or contribute 5% or more of the Consolidated Net Income of the Borrower and its Restricted Subsidiaries for the immediately preceding four fiscal quarters. In the event that any Subsidiary of the Borrower incurs, or has outstanding (including, without limitation, the Senior Notes or the Senior Subordinated Notes) any guaranty obligation in respect of other Indebtedness of the Borrower or any Restricted Subsidiary, the Borrower or any Guarantor shall promptly cause such Subsidiary to become a party to the Guaranty.
Additional Guaranties. Notify the Agent promptly upon creation or acquisition by the Company or any of its Subsidiaries of any additional Subsidiary of the Company after the date hereof, and in connection therewith, furnish the Agent with the Organizational Documents of such newly acquired or created Subsidiary and sufficient information to disclose to the Agent in reasonable detail the ownership structure and capitalization of such Subsidiary, and, except with respect to a Non-Guarantor Subsidiary, promptly cause such newly created or acquired Subsidiary of the Company to execute and deliver to the Agent, for the ratable benefit of the Lenders and the lenders under the Term Loan Facility, a Joinder Agreement, together with such related certificates, opinions, and documents as the Agent or any Lender may reasonably require.
Additional Guaranties. If at the end of any Fiscal Quarter of the Borrower:
(a) the total assets of Subsidiaries that are not Guarantors constitute more than five percent (5%) of the total assets of the Consolidated Companies, or
(b) the Consolidated Net Income of Subsidiaries that are not Guarantors constitute more than five percent (5%) of the Consolidated Net Income of the Consolidated Companies, then the Borrower shall (i) notify the Administrative Agent thereof in the certificate delivered pursuant to Section 6.1(c) for such fiscal quarter and (ii) within 15 days thereafter, (A) cause the appropriate number of Subsidiaries to become Guarantors (by execution of an agreement in the form of Annex I to Exhibit D in form and substance satisfactory to the Administrative Agent and (B) cause such Subsidiary to deliver simultaneously therewith similar documents required under Section 4.1 as reasonably requested by the Administrative Agent, including without limitation, favorable opinions of counsel to such Person (which shall cover, among other things, the legality, validity, binding effect and enforceability of the documentation referred to in clauses (A) and (B), all in form and substance reasonably satisfactory to the Administrative Agent.
