Amendments, Guaranty Supplements, Etc. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except in accordance with Section 8.01 of the Credit Agreement. (b) Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit A hereto (each, a “Guaranty Supplement”), (i) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (ii) each reference herein to “this Guaranty”, “hereunder”, “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Subsidiary Guaranty”, “thereunder”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 4 contracts
Samples: Credit Agreement (Alliance Resource Partners Lp), Credit Agreement (Alliance Holdings GP, L.P.), Credit Agreement (Alliance Resource Partners Lp)
Amendments, Guaranty Supplements, Etc. (a) None No amendment or waiver of the terms or provisions any provision of this Guaranty may and no consent to any departure by any Guarantor therefrom shall in any event be waivedeffective unless the same shall be in writing and signed by the Purchaser and the Guarantors, amended, supplemented and then such waiver or otherwise modified except consent shall be effective only in accordance with Section 8.01 of the Credit Agreementspecific instance and for the specific purpose for which given.
(b) Upon the execution and delivery by any Person entity of a guaranty supplement in substantially the form of Exhibit A hereto (each, a “Guaranty Supplement”), (i) such Person entity shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Note Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (ii) each reference herein to “this Guaranty”, “hereunder”, “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Note Document to the “Subsidiary Guaranty”, “thereunder”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 2 contracts
Samples: Subsidiary Guaranty (Ediets Com Inc), Subsidiary Guaranty (Ediets Com Inc)
Amendments, Guaranty Supplements, Etc. (a) 27.1. None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except in accordance with Section 8.01 18.5 of the Credit Agreement.
(b27.2. Each Person that is required to become a party to this Guaranty pursuant to Section 10.1(a)(xxix)(C) Upon of the Credit Agreement and is not a signatory hereto shall become a Guarantor for all purposes of this Guaranty upon the execution and delivery by any such Person of a guaranty supplement in substantially the form of Exhibit A hereto (each, a “Guaranty Supplement”). Upon such Person executing and delivering such Guaranty Supplement, (i) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any the Credit Agreement and the other Loan Document Documents to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (ii) each reference herein to “this Guaranty”, “hereunder”, “hereof” or words of like import referring to this Guaranty, and each reference in any the Credit Agreement and the other Loan Document Documents to the “Subsidiary Guaranty”, “thereunder”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility (Era Group Inc.)
Amendments, Guaranty Supplements, Etc. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or Except as otherwise modified except provided in accordance with Section 8.01 of the Credit Agreement, no amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
(b) Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit A hereto (each, a “"Guaranty Supplement”"), (i) such Person shall be referred to as an “"Additional Guarantor” " and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “"Guarantor” " shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “"Subsidiary Guarantor” " shall also mean and be a reference to such Additional Guarantor, and (ii) each reference herein to “"this Guaranty”", “"hereunder”", “"hereof” " or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “"Subsidiary Guaranty”, “thereunder”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.",
Appears in 1 contract
Amendments, Guaranty Supplements, Etc. (a) None No amendment or waiver of the terms or provisions any provision of this Guaranty may and no consent to any departure by any Guarantor therefrom shall in any event be waived, amended, supplemented or otherwise modified except effective unless the same shall be in writing executed in accordance with and subject to the terms and conditions of Section 8.01 11.01 of the Credit Agreement, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
(b) Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit A hereto (each, a “Guaranty Supplement”), (i) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary U.S. Guarantor” or a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and (ii) each reference herein to “this Guaranty”, “hereunder”, “hereof” hereof or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Subsidiary U.S. Guaranty”, “thereunder”, “thereof” thereof or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: u.s. Guaranty (Nortek Inc)
Amendments, Guaranty Supplements, Etc. (a) None No amendment or waiver of the terms or provisions any provision of this Guaranty may and no consent to any departure by any Guarantor therefrom shall in any event be waived, amended, supplemented or otherwise modified except effective unless the same shall be in writing executed in accordance with and subject to the terms and conditions of Section 8.01 11.01 of the Credit Agreement, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
(b) Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit A hereto (each, a “Guaranty Supplement”), (i) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary U.S. Guarantor” or a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and (ii) each reference herein to “this Guaranty”, “hereunder”, “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Subsidiary U.S. Guaranty”, “thereunder”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: u.s. Guaranty (NTK Holdings, Inc.)
Amendments, Guaranty Supplements, Etc. (a) None No amendment or waiver of the terms or provisions any provision of this Guaranty may and no consent to any departure by any Guarantor therefrom shall in any event be waivedeffective unless the same shall be in writing and signed by the Agent and the Required Lenders, amended, supplemented and then such waiver or otherwise modified except consent shall be effective only in accordance with Section 8.01 of the Credit Agreementspecific instance and for the specific purpose for which given.
(b) Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit A hereto (each, a “Guaranty Supplement”), (i) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (ii) each reference herein to “this Guaranty”, “hereunder”, “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Subsidiary Guaranty”, “thereunder”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Credit Agreement (Lubrizol Corp)
Amendments, Guaranty Supplements, Etc. (a) None No amendment or waiver of the terms or provisions any provision of this Guaranty may and no consent to any departure by any Guarantor therefrom shall in any event be waived, amended, supplemented or otherwise modified except effective unless the same shall be in writing executed in accordance with and subject to the terms and conditions of Section 8.01 11.01 of the Credit Agreement, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
(b) Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit A hereto (each, a “Guaranty Supplement”), (i) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (ii) each reference herein to “this Guaranty”, “hereunder”, “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Subsidiary Guaranty”, “thereunder”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Guaranty (Nortek Inc)