Common use of Additional Guarantors Clause in Contracts

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 9 contracts

Samples: Term Loan Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)

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Additional Guarantors. Pursuant to Section 5.10 6.15 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon After the date hereof, upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 8 contracts

Samples: Guaranty Agreement (Callon Petroleum Co), Credit Agreement (Cano Petroleum, Inc), Pledge Agreement (Cano Petroleum, Inc)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary of Holdings which is also a Subsidiary Loan Party that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Western Auto Supply Co/), Subrogation and Contribution Agreement (Laralev Inc), Indemnity, Subrogation and Contribution Agreement (Western Auto Supply Co/)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries that was were not in existence on the date of the Credit Agreement is are required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent Lender and such Subsidiary of an instrument in the form of Annex 1I, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (FRP Holdings, Inc.), Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (New Patriot Transportation Holding, Inc.)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 4 contracts

Samples: Subsidiary Guaranty Agreement (Kayne Anderson Energy Development Co), Subsidiary Guaranty Agreement (Kayne Anderson Energy Development Co), Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)

Additional Guarantors. Pursuant to Section 5.10 5.6 of the Credit Agreement, each Subsidiary Loan Party Domestic Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Domestic Subsidiary of an instrument in the form of Annex 1, such Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 4 contracts

Samples: Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Partners LP)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Revolving Credit Agreement, each Subsidiary Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Revolving Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 4 contracts

Samples: Subrogation and Contribution Agreement (Memc Electronic Materials Inc), Indemnity, Subrogation and Contribution Agreement (Memc Electronic Materials Inc), Indemnity, Subrogation and Contribution Agreement (Memc Electronic Materials Inc)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent Lender and such Subsidiary of an instrument in the form of Annex 1I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (FRP Holdings, Inc.), Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (New Patriot Transportation Holding, Inc.)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 3 contracts

Samples: Subsidiary Guaranty Agreement (Ruby Tuesday Inc), Revolving Credit Agreement (Ruby Tuesday Inc), Subsidiary Guaranty Agreement (Ruby Tuesday Inc)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 3 contracts

Samples: Pledge Agreement (Maximus Inc), Subsidiary Guaranty Agreement (Exactech Inc), Subsidiary Guaranty Agreement (Stanley, Inc.)

Additional Guarantors. Pursuant to Section 5.10 5.6 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 3 contracts

Samples: Credit Agreement (Flotek Industries Inc/Cn/), Guaranty Agreement (Flotek Industries Inc/Cn/), Guaranty Agreement (Flotek Industries Inc/Cn/)

Additional Guarantors. Pursuant to Section 5.10 5.6 or 5.7 of the Credit Agreement, each Subsidiary Loan Party as applicable, Affiliates of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partywithin the time period specified in the Credit Agreement. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary Affiliatae of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 3 contracts

Samples: Credit Agreement (Berry Petroleum Corp), Credit Agreement (Berry Petroleum Corp), Guaranty Agreement (Berry Petroleum Corp)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Loan Agreement, each Significant Subsidiary Loan Party (other than any Foreign Subsidiary and any Excluded Subsidiary) that was not in existence on the date of the Credit Loan Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 3 contracts

Samples: Bridge Loan Agreement (Kaneb Services LLC), Subsidiary Guarantee Agreement (Kaneb Services LLC), Subsidiary Guarantee Agreement (Kaneb Pipe Line Partners L P)

Additional Guarantors. Pursuant to Section 5.10 Each Wholly Owned Material Subsidiary of the Credit Agreement, each Subsidiary Loan Party Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution pursuant to Section 6.11 of the Credit Agreement shall execute and delivery after the date hereof by the Administrative Agent deliver a Guaranty Supplement and thereupon such Subsidiary of an instrument in the form of Annex 1, such Wholly Owned Material Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any such instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor Guaranty Party hereunder. The rights and obligations of each Guarantor Guaranty Party hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor Guaranty Party as a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (IASIS Healthcare LLC), Revolving Credit Agreement (IASIS Healthcare LLC), Credit Agreement (IASIS Healthcare LLC)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument (“Supplement”) in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument Supplement adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Revolving Credit Agreement, each Subsidiary Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Revolving Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 3 contracts

Samples: Guarantee Agreement (Memc Electronic Materials Inc), Guarantee Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party of the Parent Borrower that was not in existence or not a Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary that is a Subsidiary Loan Party. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.. 176

Appears in 3 contracts

Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)

Additional Guarantors. Pursuant to Section 5.10 5.22 of the Credit Agreement, each Domestic Material Subsidiary Loan Party of the Company that was not in existence or was not such a Domestic Material Subsidiary on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Domestic Material Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Valspar Corp), 364 Day Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Wholly Owned Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Wholly Owned Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Wholly Owned Subsidiary of an instrument in the form of Annex 1, such Wholly Owned Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Amsurg Corp), Revolving Credit Agreement (Amsurg Corp)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (American Healthways Inc), Subsidiary Guarantee Agreement (American Healthways Inc)

Additional Guarantors. Pursuant to Section 5.10 5.22 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on certain Subsidiaries acquired or organized after the date of the Credit Agreement is Closing Date are required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such a Subsidiary of an instrument in form and substance satisfactory to the form of Annex 1Agent, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)

Additional Guarantors. Pursuant to Section 5.10 section 6.15 of the Credit Agreementcredit agreement, each Subsidiary Loan Party subsidiary of the borrower that was not in existence on the date of the Credit Agreement credit agreement is required to enter into this Agreement guaranty as a Guarantor guarantor upon becoming Subsidiary Loan Partya subsidiary. Upon After the date hereof, upon execution and delivery after the date hereof by the Administrative Agent administrative agent and such Subsidiary subsidiary of an instrument in the form of Annex annex 1, such Subsidiary subsidiary shall become a Guarantor guarantor hereunder with the same force and effect as if originally named as a Guarantor guarantor herein. The execution and delivery of any instrument adding an additional Guarantor guarantor as a party to this Agreement guaranty shall not require the consent of any other Guarantor guarantor hereunder. The rights and obligations of each Guarantor guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor guarantor as a party to this Agreementguaranty.

Appears in 2 contracts

Samples: Security Agreement (Cano Petroleum, Inc), Subordinated Credit Agreement (Cano Petroleum, Inc)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower (other than a Restricted Subsidiary) that was not in existence on the date of the Credit Agreement is required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 2 contracts

Samples: Security Agreement (Holly Energy Partners Lp), Guaranty Agreement (Holly Energy Partners Lp)

Additional Guarantors. Pursuant to Section 5.10 of Each Domestic Subsidiary (as defined in the Credit Agreement, each Subsidiary Loan Party Indenture) that was not in existence or not a Subsidiary on the date of the Credit this Agreement is required to enter into this Agreement as become a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent Investor and such a Subsidiary of an instrument in the form of Annex 1Exhibit A, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Memc Electronic Materials Inc), Registration Rights Agreement (Memc Electronic Materials Inc)

Additional Guarantors. Pursuant to Section 5.10 5.08 of the Credit Agreement, each Material Subsidiary Loan Party that was not in existence on (other than the date of the Credit Agreement Company and ASII) is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (American Standard Companies Inc), Day Credit Agreement (American Standard Companies Inc)

Additional Guarantors. Pursuant to Section 5.10 6.13 of the Credit Agreement, each Domestic Subsidiary Loan Party of the Borrower that was not in existence or not such a Domestic Subsidiary on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such a Domestic Subsidiary of an instrument in the form of Annex 11 hereto, such Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Indemnity, Subrogation and Contribution Agreement (Constar Inc), Indemnity, Subrogation and Contribution Agreement (Constar International Inc)

Additional Guarantors. Pursuant to Section 5.10 6.13 of the Credit Agreement, each Domestic Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Domestic Subsidiary of an instrument in the form of Annex 1, such Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (Constar Inc), Guarantee Agreement (Constar International Inc)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Telecorp PCS Inc), Pledge Agreement (Triton PCS Inc)

Additional Guarantors. Pursuant to Section 5.10 5.08 of the Credit Agreement, each Material Subsidiary Loan Party of Holdings (other than the Company and ASII) that was is not in existence on the date of the Credit Agreement a Guarantor hereunder is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and such any Subsidiary of an instrument in the form of Annex 11 (an “Additional Guarantor Supplement”), such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument Additional Guarantor Supplement adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Day Credit Agreement (American Standard Companies Inc), Credit Agreement (American Standard Companies Inc)

Additional Guarantors. Pursuant to Section 5.10 5.6 of the Credit Agreement, each Subsidiary Loan Party certain Material Domestic Subsidiaries that was were not in existence on the date of the Credit Agreement is Amendment No. 7 Effective Date are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Material Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Material Domestic Subsidiary of an instrument in the form of Annex 1, such Material Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 2 contracts

Samples: Credit Agreement (Carbo Ceramics Inc), Guaranty Agreement (Carbo Ceramics Inc)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 11 or of an assumption agreement acceptable to the Administrative Agent, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Harland John H Co), Subsidiary Guarantee Agreement (Harland John H Co)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, Loan Agreement each Subsidiary Loan Party (other than Foreign Subsidiaries) that was not in existence or not such a Subsidiary on the date of the Credit Loan Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunderhereunder or the Borrower. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc), Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date certain Subsidiaries of the Credit Agreement is JCISA are required to enter into become parties to the JCISA Subsidiary Guarantee Agreement and this Agreement as a Guarantor upon becoming Subsidiary Loan PartyAgreement. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Indemnity, Subrogation and Contribution Agreement (Jafra Cosmetics International Sa De Cv)

Additional Guarantors. Pursuant to Section 5.10 6.9 of the Credit Loan Facility Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Loan Facility Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent Servicer and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Loan Facility Agreement and Guaranty (Ruby Tuesday Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)

Additional Guarantors. Pursuant to Section 5.10 5.6 or 5.7 of the Credit Agreement, each Subsidiary Loan Party as applicable, Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partywithin the time period specified in the Credit Agreement. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.other

Appears in 2 contracts

Samples: Credit Agreement (Jagged Peak Energy Inc.), Credit Agreement (Jagged Peak Energy Inc.)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement or that becomes a Subsidiary Loan Party after such date is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with effect from and after the same force date of such execution and effect as if originally named as a Guarantor hereindelivery. The execution and delivery of any such instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Gartner Inc), Credit Agreement (Gartner Group Inc)

Additional Guarantors. Pursuant to Section 5.10 6.19 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent Lender and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc)

Additional Guarantors. Pursuant to Section 5.10 6.10 of the Credit Loan Facility Agreement, each Domestic Subsidiary Loan Party that was not in existence on the date of the Credit Loan Facility Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent Servicer and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Guaranty Agreement (Aaron Rents Inc), Credit and Security Agreement (Aaron Rents Inc)

Additional Guarantors. Pursuant Subject to Section 5.10 of the Credit Loan Agreement, each Subsidiary Loan Party (other than Foreign Subsidiaries) that was not in existence or not such a Subsidiary, on the date of the Credit Loan Agreement is required to enter into this Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc), Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc)

Additional Guarantors. Pursuant to Section 5.10 5.6 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is Effective Date are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Domestic Subsidiary of an instrument substantially in the form of Annex 1, such Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 2 contracts

Samples: Guaranty Agreement (Pioneer Energy Services Corp), Security Agreement (Pioneer Energy Services Corp)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Restricted Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Restricted Subsidiary. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (River Holding Corp), Subsidiary Guarantee Agreement (Century Maintenance Supply Inc)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (SCG Holding Corp), Guarantee Agreement (Semiconductor Components Industries LLC)

Additional Guarantors. Pursuant to Section 5.10 5.6 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 2 contracts

Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)

Additional Guarantors. Pursuant to Section 5.10 It is understood and agreed that any Subsidiary of the Credit Agreement, each Subsidiary Loan Party Holdings that was not in existence on the date of is required by the Credit Agreement is required to enter into execute an Accession Agreement and counterpart of this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery Guaranty after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall automatically become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder by executing an Accession Agreement and counterpart hereof and delivering the same to the Administrative Agent. The execution and delivery of any such instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor or other parties hereunder. The rights and obligations of each Guarantor or other party hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Guaranty (Sbarro Inc), Guaranty (Sbarro Express LLC)

Additional Guarantors. Pursuant to Section 5.10 5.7 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was not in existence on are created or acquired after the date of the Credit Agreement is are required to enter into become party to this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 2 contracts

Samples: Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.)

Additional Guarantors. Pursuant to Section 5.10 of the Credit --------------------- Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent Lender and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Pam Transportation Services Inc)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Aaron Rents Inc)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.. 167 5

Appears in 1 contract

Samples: Credit Agreement (SCG Holding Corp)

Additional Guarantors. Pursuant to Section 5.10 6.08 of the Credit this Agreement, each Subsidiary Loan Party that was not in existence on all Domestic Subsidiaries acquired or organized after the date of the Credit Agreement is Closing Date are required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partywithin the period set forth in Section 6.08. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such a Domestic Subsidiary of an instrument in form and substance satisfactory to the form of Annex 1Administrative Agent, such Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Avocent Corp)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Loan Facility Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Loan Facility Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent Servicer and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or that was not owned (directly or indirectly) by the Borrower on the date of the Credit Agreement is required to enter into this Agreement Guaranty as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ems Technologies Inc)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Significant Subsidiary Loan Party (other than any Foreign Subsidiary and any Excluded Subsidiary) that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kaneb Pipe Line Partners L P)

Additional Guarantors. Pursuant to Section 5.10 6.10 of the Credit Loan Facility Agreement, each Restricted Subsidiary Loan Party that is a Material Domestic Subsidiary that was not in existence on the date of the Credit Loan Facility Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Restricted Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent Servicer and such Restricted Subsidiary of an instrument in the form of Annex 1, such Restricted Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Loan Facility Agreement and Guaranty (Aaron's Company, Inc.)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date 5.13 of the Credit Agreement is and the Collateral and Guarantee Requirement, certain Subsidiaries formed or acquired after the Effective Date are required to enter into this Agreement as execute a Guarantor upon becoming Subsidiary Loan PartyGuarantee Agreement. Upon execution and delivery after the date hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Seagate Technology PLC)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guaranty Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ruby Tuesday Inc)

Additional Guarantors. Pursuant to Section 5.10 5.6 of the Credit Agreement, each Subsidiary Loan Party certain Material Domestic Subsidiaries that was were not in existence on the date of the Credit Agreement is Effective Date are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Material Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Material Domestic Subsidiary of an instrument in the form of Annex 1, such Material Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Credit Agreement (Carbo Ceramics Inc)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary a Loan Party. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (1295728 Alberta ULC)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party Guarantor that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Fpic Insurance Group Inc)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries that was were not in existence on the date of the Credit Agreement is are required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1I, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Patriot Transportation Holding Inc)

Additional Guarantors. Pursuant to Section 5.10 5.02 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on certain Subsidiaries acquired or organized after the date of the Credit Agreement is Closing Date are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent Bank and such Subsidiary of an instrument in form and substance satisfactory to the form of Annex 1Bank, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Credit Agreement (Osi Restaurant Partners, Inc.)

Additional Guarantors. Pursuant to Section 5.10 5.6 or 5.7 of the Credit Agreement, each Subsidiary Loan Party as applicable, Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partywithin the time period specified in the Credit Agreement. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Credit Agreement (Jagged Peak Energy Inc.)

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Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Easylink Services International Corp)

Additional Guarantors. Pursuant From time to Section 5.10 of time subsequent to the Credit AgreementClosing Date, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement entity which is required to enter into this Agreement as be a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after pursuant to clause (b) of the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary definition thereof shall become a Guarantor hereunder Guarantor, with the same force and effect as if originally named as a Guarantor herein, for all purposes of this Agreement, upon execution and delivery by such entity of a Loan Party Joinder Agreement (and the delivery in connection therewith of written opinions of counsel and documents and certificates as the Administrative Agent may reasonably require). The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor party hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (KKR & Co. L.P.)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Revolving Credit Agreement, each Subsidiary Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Revolving Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Memc Electronic Materials Inc)

Additional Guarantors. Pursuant to Section 5.10 6.18 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon After the date hereof, upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1l, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Credit Agreement (Three Forks, Inc.)

Additional Guarantors. Pursuant to Section 5.10 5.13 of the Credit AgreementAgreement and the Guarantee Requirement, each Subsidiary Loan Party that was not in existence on is formed or acquired after the date of the Credit Agreement Effective Date, and that is required to enter into execute the U.S. Guarantee Agreement, is required to execute this Agreement as a Guarantor upon becoming Subsidiary Loan PartyAgreement. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Indemnity, Subrogation and Contribution Agreement (Seagate Technology PLC)

Additional Guarantors. Pursuant to Section 5.10 of the --------------------- Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Deltic Timber Corp)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date 5.12 of the Credit Agreement is and the Collateral and Guarantee Requirement, certain Subsidiaries formed or acquired after the Second Restatement Effective Date are required to enter into this Agreement as execute a Guarantor upon becoming Subsidiary Loan PartyGuarantee Agreement. Upon execution and delivery after the date hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: S. Guarantee Agreement (Seagate Technology)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party of CCSC that was not in existence or not such a Domestic Subsidiary on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such a Domestic Subsidiary of an instrument in the form of Annex 11 hereto, such Domestic Subsidiary shall become a Guarantor hereunder here under with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subrogation and Contribution Agreement (Crown Cork & Seal Co Inc)

Additional Guarantors. Pursuant to Section 5.10 10.24 of the Credit Loan Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Loan Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary a Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (1295728 Alberta ULC)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (United Industrial Corp /De/)

Additional Guarantors. Pursuant to Section 5.10 5.09 of the --------------------- Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement Borrower with assets greater than or equal to 10% of Consolidated Total Assets is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Qhe Partnership)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Material Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Material Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Material Subsidiary of an instrument in the form of Annex 1, such Material Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Priority Healthcare Corp)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party of the Parent Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Knowles Electronics LLC)

Additional Guarantors. Pursuant to Section 5.10 5.13 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Heico Corp)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such each Subsidiary that is required to become a party to this Agreement pursuant to Section 5.12 of the Credit Agreement shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Walter Investment Management Corp)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Subsidiary. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.. 7 7

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Neenah Foundry Co)

Additional Guarantors. Pursuant to Section 5.10 Each Restricted Subsidiary of the Credit Agreement, each Subsidiary Loan Party Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Restricted Subsidiary Loan Partyof the Borrower. Upon execution and delivery after the date hereof by the Administrative Agent Secured Party and such Restricted Subsidiary of an instrument in the form of Annex 1, such Restricted Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc)

Additional Guarantors. Pursuant to Section 5.10 5.6 of the Credit Agreement, each Subsidiary Loan Party Domestic Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Domestic Subsidiary of an instrument in the form of Annex 1, such Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Credit Agreement (Hi-Crush Partners LP)

Additional Guarantors. Pursuant Any Subsidiary that is required to become a party hereto pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to shall enter into this Agreement as a Guarantor upon becoming and a Subsidiary Loan PartyGuarantor within the time period specified in Section 5.10 of the Credit Agreement. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument a supplement in the form of Annex 1Exhibit A hereto (a “Supplement”), such Subsidiary shall become a Guarantor and a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Guarantor and Subsidiary Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Supplement shall not require the consent of any other Guarantor Loan Party hereunder. The rights and obligations of each Guarantor Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Diamond Resorts International, Inc.)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party of NWS that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.. 255

Appears in 1 contract

Samples: Credit Agreement (Northwestern Steel & Wire Co)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Deltic Timber Corp)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent Lender and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Panera Bread Co)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date 5.12 of the Credit Agreement each Subsidiary of any Borrower that is formed or acquired after the Effective Date and that is a Loan Party is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partyexecute the Guaranty. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Pledge Agreement (Great Atlantic & Pacific Tea Co Inc)

Additional Guarantors. Pursuant to Section 5.10 5.13 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement...

Appears in 1 contract

Samples: Pledge Agreement (Heico Corp)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary a Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each other Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (WireCo WorldGroup Inc.)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that is not a Restricted Subsidiary or a Foreign Subsidiary and that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (American Healthways Inc)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 11 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subrogation and Contribution Agreement (Huntsman Packaging of Canada LLC)

Additional Guarantors. Pursuant to Section 5.10 of the Amended and Restated Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Amended and Restated Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (United Industrial Corp /De/)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Fairchild Semiconductor International Inc)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date 5.13 of the Credit Agreement is and the Guarantee Requirement, certain Subsidiaries formed or acquired after the Effective Date are required to enter into this Agreement as execute a Guarantor upon becoming Subsidiary Loan PartyGuarantee Agreement. Upon execution and delivery after the date hereof by the Administrative Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Seagate Technology PLC)

Additional Guarantors. Pursuant to Section 5.10 6.11 of the Credit Agreement, each Subsidiary Loan Party any Intermediate Parent Company that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partyan Intermediate Parent Company. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary an Intermediate Parent Company, of an instrument in the form of Annex 1a Guaranty Supplement, such Subsidiary Intermediate Parent Company shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any such instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor Guaranty Party hereunder. The rights and obligations of each Guarantor Guaranty Party hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor Guaranty Party as a party to this Agreement.

Appears in 1 contract

Samples: Parent Guaranty (Pinnacle Foods Inc.)

Additional Guarantors. Pursuant to Section 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartySubsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Nelson Thomas Inc)

Additional Guarantors. Pursuant to Section 5.10 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Domestic Subsidiary. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Domestic Subsidiary of an instrument in the form of Annex 1, such Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Crown Cork & Seal Co Inc)

Additional Guarantors. Pursuant to Section 5.10 5.22 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on certain Subsidiaries acquired or organized after the date of the Credit Agreement is Closing Date are required to enter into this Agreement Guaranty as a WCSR 2170871v1 Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary of an instrument in form and substance satisfactory to the form of Annex 1Agent, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Outback Steakhouse Inc)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinherein effective as of the date as provided Section 11. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Aerolink International Inc)

Additional Guarantors. Pursuant to Section 5.10 Each Subsidiary of the Credit Agreement, each Subsidiary Loan Party Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming a Subsidiary Loan Partyof the Borrower. Upon execution and delivery after the date hereof by the Administrative Agent Secured Party and such a Subsidiary of an instrument in the form of Annex 1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc)

Additional Guarantors. Pursuant to Section 5.10 5.15 of the Credit Agreement, each Subsidiary Loan Party (other than any Excluded Subsidiary) of the Borrower that was not in existence on the date of Effective Date or has not previously executed the Credit Guarantee Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of provided in Annex 1I to the Security Agreement, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Material Domestic Subsidiary Loan Party that was not in existence on the date of the Credit Agreement Borrower is required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon execution and delivery after the date hereof by the Administrative Agent and any such Material Domestic Subsidiary of an instrument in the form of Annex 1, such Material Domestic Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Credit Agreement (NOW Inc.)

Additional Guarantors. Pursuant to Section 5.10 5.12 of the Credit Agreement, each Restricted Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Restricted Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Restricted Subsidiary of an instrument in the form of Annex 1, such Restricted Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Newmarket Corp)

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