AGREEMENT OF GUARANTORS. Each Guarantor hereby makes the representations, warranties and covenants set forth on Exhibit B attached hereto and made a part hereof, which representations, warranties and covenants are intended to and shall form a part of this Guaranty for all purposes.
AGREEMENT OF GUARANTORS. As of the date and year first above written, each of the undersigned hereby:
AGREEMENT OF GUARANTORS. The undersigned are the "Guarantors" under various Guaranty of Payment Agreements, dated July 2, 1993 and a Confirmation of Guaranty and Security Agreement dated September 13, 1994 (collectively, as amended, modified, substituted, extended and renewed from time to time, the "Guaranty"), in favor of the foregoing Lender. In order to induce the Lender to enter into the foregoing Agreement, the undersigned (a) consent to the transactions contemplated by, and agreements made by the Borrower under, the foregoing Agreement, and (b) ratify, confirm and reissue the terms, conditions, promises, covenants, grants, assignments, security agreements, agreements, representations, warranties and provisions contained in the Guaranty. Without limiting the foregoing, the undersigned acknowledge and agree that the Obligations (defined in the Financing Agreement) are covered by the Guaranty. WITNESS signatures and seals of the undersigned as of the date of the Agreement. GUARANTORS: ATTEST: ALBUQUERQUE PROSTHETIC CENTER, INC. By: (SEAL) ------------------------- -------------------------- Name: Title:
AGREEMENT OF GUARANTORS. The undersigned unconditionally, absolutely, continuingly and irrevocably guaranties to Bank all of Insert Applicant name and address obligations under this Application and join in this Application and agree to be bound thereunder as an Applicant. GUARANTOR: GUARANTOR: By: By: Name and Title: Name and Title: Address: Address: Date: Date: CORRESPONDENT BANK AGREEMENT The undersigned hereby appoints Bank to establish and issue the Credit in Bank’s name in accordance with the terms of this Application and the Agreement. The undersigned acknowledges that it is primarily liable hereunder and agrees to reimburse Bank for any and all amounts paid by Bank in connection with the Credit and any all costs, expenses and charges of every kind and nature incurred by Bank with respect to the Credit and the transaction(s) to which it/they relate(s). The undersigned further agrees to pay to Bank all charges, commissions and interest due and owing to Bank pursuant to the terms of this Application and the Agreement. The undersigned expressly authorizes Bank to immediately charge any account of ours with Bank for any amounts described herein which are owed to Bank. The undersigned also confirms that the signatures of those persons executing this Application and the Agreement as Applicant(s) and/or Guarantor(s) conform to the signatures on file with us and that such signers are fully authorized to sign and enter into this type of obligation as, or on behalf of, Applicant(s) or Guarantor(s) as follows: Applicant(s): Guarantor(s): Insert Applicant(s) name and address Insert Guarantor(s) name and address Correspondent Bank: By: Name and Title: Address: Date: EXHIBIT F APPLICATION AND AGREEMENT FOR IRREVOCABLE COMMERCIAL LETTER OF CREDIT International Operations 4000 Xxx Xxx Xxxx. Xxxxxxxx, XX 00000 Telephone: Fax: SWIFT: Telex: 1-000-000-0000 500-000-0000 FXXXXX0X 000000 XXXXX XX APPLICATION FOR IRREVOCABLE COMMERCIAL LETTER OF CREDIT FOR ON-LINE INPUT, USE TAB KEY. DO NOT USE ENTER KEY Date: USE SPACE BAR TO FILL IN BOXES LC No. Please issue an irrevocable commercial letter of credit (a “Credit”) substantially conforming with this Application and forward same to Beneficiary or to your correspondent by the means indicated below. In issuing the Credit, First Bank (“Bank”) is expressly authorized to make such changes in the terms herein below set forth as Bank, in its sole discretion, may deem advisable, provided that such changes shall not vary the principal terms hereof. This App...
AGREEMENT OF GUARANTORS. The undersigned Guarantors hereby consent and agree to the foregoing Amended and Restated Credit Agreement, the other Operative Documents, as amended to date, and the transactions contemplated hereby and thereby. SPORT SUPPLY GROUP, INC. By: /s/ Wxxxxxx X. Xxxxxx Its: Secretary TOMARK SPORTS, INC. By: /s/ Wxxxxxx X. Xxxxxx Its: Chief Financial Officer KESSLERS TEAM SPORTS, INC. By: /s/ Wxxxxxx X. Xxxxxx Its: Chief Financial Officer DXXXX SPORTING GOODS CO., INC. By: /s/ Wxxxxxx X. Xxxxxx Its: Chief Financial Officer CMS OF CENTRAL FLORIDA, INC. By: /s/ Wxxxxxx X. Xxxxxx Its: Chief Financial Officer SXXXXXX & SONS, INC . By: /s/ Wxxxxxx X. Xxxxxx Its: Chief Financial Officer Annex A Commitment Annex Revolving Loan Revolving Loan Term Loan Commitment Commitment Term Loan Commitment Lender Amount Percentage Commitment Amount Percentage Mxxxxxx Lxxxx $ 35,000,000 100 % $ 20,000,000 100 % TOTALS $ 35,000,000 100 % $ 20,000,000 100 % -110- Annex B Closing Checklist Intentionally omitted. Exhibit A to Amended and Restated Credit Agreement (Assignment Agreement) This Assignment Agreement (this “Assignment Agreement”) is entered into as of by and between the Assignor named on the signature page hereto (“Assignor”) and the Assignee named on the signature page hereto (“Assignee”). Reference is made to the Amended and Restated Credit Agreement dated as of November 13, 2006 (as amended or otherwise modified from time to time, the “Credit Agreement”) among Collegiate Pacific Inc. (“Borrower”), the financial institutions party thereto from time to time, as Lenders, and Mxxxxxx Lxxxx Business Financial Services Inc., as Administrative Agent. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Credit Agreement. Assignor and Assignee hereby agree as follows: Assignor hereby sells and assigns to Assignee, and Assignee hereby purchases and assumes from Assignor the interests set forth on the schedule attached hereto (the “Schedule”), in and to Assignor’s rights and obligations under the Credit Agreement as of the effective date set forth on the Schedule (the “Effective Date”). Such purchase and sale is made without recourse, representation or warranty except as expressly set forth herein. On the Effective Date, Assignee shall pay to Assignor an amount equal to the aggregate amounts assigned pursuant to the Schedule (exclusive of unfunded portions of the Revolving Loan Commitment) and Assignor shall pay to Assignee a closing ...
AGREEMENT OF GUARANTORS. Each of the undersigned, in its capacity as a Guarantor, acknowledges receipt of the Amendment to Amended and Restated Credit Agreement and Post-Closing Undertakings Agreement dated as of August 15, 2004 among The Chalone Wine Group, Ltd., (the “Borrower”), the Lenders party thereto, and Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank International”, New York Branch as agent for the Lenders (in such capacity, the “Agent”) (the “Amendment”) and that its consent to the Amendment is not required, but each of the undersigned nevertheless does hereby consent to the Amendment and to any documents and agreements referred to therein. Nothing herein shall in any way limit any of the terms or provisions of the Guaranty dated as of April 19, 2002 of the undersigned or the Collateral Documents executed by the undersigned in the Agent’s and the Lenders’ favor, or any other Loan Document executed by the undersigned (as the same may be amended from time to time), all of which are hereby ratified and affirmed in all respects.
AGREEMENT OF GUARANTORS. Each of the undersigned, in its capacity as a Guarantor, acknowledges receipt of the Credit Agreement, dated as of December 14, 2010, between Copart, Inc., a California corporation (the “Borrower”), and Bank of America, N.A. (the “Lender”) (the “Agreement”, the terms defined therein being used herein as therein defined), which Agreement is being entered into in connection with the Amendment and Restatement of the Existing Credit Agreement. Each of the undersigned, in its capacity as a Guarantor, further acknowledges that its consent to the Amendment and Restatement of the Existing Credit Agreement is not required, but each of the undersigned nevertheless does hereby consent to the Amendment and Restatement of the Existing Credit Agreement and to any documents and agreements referred to in the Agreement with reference to such Amendment and Restatement. Nothing herein shall in any way limit any of the terms or provisions of the Guaranty dated as of March 6, 2008, of the undersigned executed by the undersigned in the Lender’s favor (whether originally or pursuant to a Guaranty Accession) pursuant to the terms of the Existing Credit Agreement, or any other Loan Document executed by the undersigned (as the same may be amended from time to time), all of which are hereby ratified and affirmed in all respects.
AGREEMENT OF GUARANTORS. The Guarantors, and each of them, jointly and severally hereby agree as follows, to take effect immediately:
AGREEMENT OF GUARANTORS. Each of the undersigned Guarantors executed a Guaranty (each, a "Guaranty") as described in the Credit Agreement dated as of June 30, 1998 (as amended from time to time, the "Credit Agreement") between WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking associxxxxx, and SCHUFF STEEL COMPANY, a Delaware corporation (the "Original Borroxxx"). Each of the undersigned Guarantors hereby consents and agrees to the modifications and all other matters contained in the foregoing Fifth Modification Agreement of even date herewith. BANNISTER STEEL INC., a California xxxporation By: /s/ Scott A. Schuff ----------------------------------------- Name: Scott A. Schuff --------------------------------------- Its: Vice President ---------------------------------------- ADDISON STEEL, INC., a Florida corporation By: /s/ Scott A. Schuff ----------------------------------------- Name: Scott A. Schuff --------------------------------------- Its: Vice President ---------------------------------------- QUINCY JOIST COMPANY, a Florida corporation By: /s/ Scott A. Schuff ----------------------------------------- Name: Scott A. Schuff --------------------------------------- Its: Vice President ---------------------------------------- SCHUFF STEEL COMPANY, a Delaware corporation By: /s/ Scott A. Schuff ----------------------------------------- Name: Scott A. Schuff --------------------------------------- Its: President ---------------------------------------- AITKEN, INC., a Texas corporation By: /s/ Scott A. Schuff ----------------------------------------- Name: Scott A. Schuff --------------------------------------- Its: Vice President ---------------------------------------- ON-TIME STEEL MANAGEMENT, INC., a Delaware corporation By: /s/ Michael R. Hill ----------------------------------------- Name: Michael R Hill --------------------------------------- Its: Vice President ---------------------------------------- Dated as of March 18, 2002 SCHEDULE 3.1 PRICING GRID Eurodollar Rate Leverage Ratio Spread Base Rate Spread Facility Fee Rate -------------- ------ ---------------- ----------------- 4.00 or higher, but 3.50% 1.50% .625% less than 5.00 3.75 or higher 3.25% 1.25% .500% 3.50 or higher 3.00% 1.00% .500% 3.00 or higher 2.50% .50% .375% below 3.00 2.25% 0% .250% EXHIBIT "B" COMPLIANCE CERTIFICATE FOR FISCAL QUARTER/YEAR ENDING ________________, 20__ Wells Fargo Bank, National Association 100 West Washington Phoenix, Xxizona 85003 Attn: John Helms Xxxx:_________________...
AGREEMENT OF GUARANTORS. Each of the undersigned, in its capacity as a guarantor, acknowledges that its consent to the foregoing Third Amendment to Credit Agreement (the "AMENDMENT") is not required, but each of the undersigned nevertheless does hereby consent to the foregoing Amendment. Nothing herein shall in any way limit any of the terms or provisions of the Guaranty of the undersigned executed by the undersigned in the Bank's favor, or any other Loan Document executed by the undersigned (as the same may be amended from time to time), all of which are hereby ratified and affirmed in all respects. GUARANTORS: EDNA VALLEY VINEYARD, as a guarantor By:/s/THOMAS B. SELFRIDGE ------------------------- Name: Title: CANOE RIDGE VINEYARD LLC, as a guarantor By:/s/THOMAS B. SELFRIDGE ------------------------- Name: Title: SHW Equity Company, as a guarantor By:/s/THOMAS B. SELFRIDGE ------------------------- Name: Title:
