Amendments to Guaranties Sample Clauses
Amendments to Guaranties. Each Guaranty is hereby amended as follows:
(a) Mercator Momentum Fund III, L.P., a California limited partnership shall be a party to and a "Lender" under each Guaranty. For greater certainty, the term "Lenders" shall mean, collectively, Mercator Momentum Fund, L.P., a California limited partnership, Mercator Momentum Fund III, L.P., a California limited partnership, and Mercator Focus Fund, L.P., a California limited partnership and the term "Lender" shall mean any of them.
Amendments to Guaranties. Effective as of the date of satisfaction of the conditions precedent set forth in Section 3 below, each Guaranty is hereby amended as follows:
(a) Section 2 of each Guaranty is amended to amend and restate the first sentence thereof in its entirety as follows: “Each of the Guarantors hereby unconditionally guarantees, jointly and severally with the other Guarantors, the full and punctual payment and performance when due (whether at stated maturity, upon acceleration or otherwise) of the Secured Obligations, including, without limitation, (i) the principal of and interest on each Advance made to the Borrower pursuant to the Credit Agreement, (ii) any Reimbursement Obligations of the Borrower or the performance by it of such Reimbursement Obligations, (iii) all other amounts payable by the Borrower under the Credit Agreement and the other Loan Documents, including, without limitation, all Rate Management Obligations, and (iv) the punctual and faithful performance, keeping, observance, and fulfillment by the Borrower of all of the agreements, conditions, covenants, and obligations of the Borrower contained in the Loan Documents (all of the foregoing being referred to collectively as the “Guaranteed Obligations”; (provided, however, that the definition of “Guaranteed Obligations” shall not create any guarantee by any Guarantor of (or grant of security interest by any Guarantor to support, as applicable) any Excluded Swap Obligations of such Guarantor for purposes of determining any obligations of any Guarantor)).”
(b) Section 4 of each Guaranty is amended to amend and restate the third sentence thereof in its entirety as follows: “If at any time any payment of the principal of or interest on any Advance or Reimbursement Obligation or any other amount payable by the Borrower or any other party under the Credit Agreement, any agreement evidencing a Rate Management Transaction or any other Loan Document (including a payment effected through exercise of a right of setoff) is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise (including pursuant to any settlement entered into by a Holder of Secured Obligations in its discretion), each of the Guarantors’ obligations hereunder with respect to such payment shall be reinstated as though such payment had been due but not made at such time.”
(c) The following new Section 23, with respect to the Domestic Guaranty and the Canada Guaranty, and S...
Amendments to Guaranties. In respect of the Borrowers' request for clarification of certain provisions in existing Guaranties, the Relevant Required Lenders authorize the Administrative Agent to enter into amendments to those Guaranties in substantially the forms of the attached EXHIBITS G-3, ▇-▇, ▇-▇, ▇-▇, ▇▇d I-6.
Amendments to Guaranties. Southwestern or Enogex may from time to time and at any time amend the Southwestern Guaranty or the Enogex Guaranty, respectively, without the prior written consent of the holders of Outstanding Notes, (i) to add to the covenants of Southwestern or Enogex, as the case may be, such further covenants, restrictions, conditions or provisions for the protection of the holders of the Notes as the Governing Body and the Trustee shall consider to be for the protection of such holders of Notes, (ii) to cure any ambiguity or to correct or supplement any provision contained in such Guaranty which may be defective or inconsistent with any other provision contained in such Guaranty, provided that the amendment shall not adversely affect the rights of any holder of Outstanding Notes or (iii) to evidence the succession of another corporation to the Company, to the extent such succession is in accordance with the terms of this Indenture, and the assumption by any such successor of the covenants of the Company contained herein or otherwise established with respect to the Notes. The Trustee is hereby authorized to join with Southwestern or Enogex in the execution of any such amendment, and to make any further appropriate agreements and stipulations which may be therein contained, but the Trustee shall not be obligated to enter into any such amendment which affects the Trustee’s own rights, duties or immunities under this Indenture, the Guaranties or otherwise.
Amendments to Guaranties. Section 5.1. SUPPLIER'S GUARANTEE -- RECITAL. The reference to the amount of "$31,000,000" in the first Whereas clause of the Supplier's Guaranty shall be amended to read "$44,000,000".
Amendments to Guaranties. The introductory paragraph and recitals of the ------------------------ Guaranty dated as of March 12, 1997, executed and delivered under the Credit Agreement by Matrix Financial Services Corporation, Matrix Funding Corporation, United Capital Markets, Inc., United Financial, Inc., United Special Services, Inc., Vintage Delaware Holdings, Inc., Vintage Financial Services Corporation (now named First Matrix Investment Services Corp.), and The Vintage Group, Inc., and the Guaranty dated as of March 12, 1997, re-executed and delivered by First Matrix Investment Services Corp., in each case in favor of Bank One, Texas, N.A., as Agent for Lenders, are each entirely amended as follows: THIS GUARANTY is executed as of March 12, 1997, by the undersigned (each a "Guarantor") for the benefit of U.S. BANK NATIONAL ASSOCIATION (as successor to Bank One, Texas, N.A., in its capacity as Agent for the Lenders now or in the future party to the Credit Agreement described below, "Agent"). MATRIX BANCORP, INC., a Colorado corporation formerly named Matrix Capital Corporation ("Borrower"), Agent, and Lenders have executed the Credit Agreement (as renewed, extended, amended, or restated, the "Credit Agreement") dated as of March 12, 1997. The execution and delivery of this guaranty are requirements to Agent's and Lenders' execution of the Credit Agreement, are integral to the transactions contemplated by the Loan Documents, and are conditions precedent to Lenders' obligations to extend credit under the 3 Seventh Amendment ----------------- Credit Agreement. The execution and delivery of this guaranty in no way constitute a condition to or inducement to any Lender to extend any other credit to any Guarantor.
