Common use of Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty Clause in Contracts

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each Guarantor shall not, without the prior written consent of the Administrative Agent in accordance with the terms of the Credit Agreement, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any Guarantor. The obligations of each Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor or by any defense which such Guarantor may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 3 contracts

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

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Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each Guarantor the Company shall not, without the prior written consent of the Administrative Agent in accordance with the terms of the Credit this Agreement, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorGuarantied Borrower. The obligations of each Guarantor the Company under this Company Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Guarantied Borrower or by any defense which such Guarantor Guarantied Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 3 contracts

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

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Guaranteed Obligations remain outstanding, each Guarantor shall not, without the prior written consent of the Administrative Agent Polyphase in accordance with the terms of the Credit AgreementMaster Loan Agreement or Note, commence or join with any other Person person or entity in commencing any bankruptcy, reorganization or insolvency proceedings of or against any Guarantorthe Company. The obligations of each Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor the Company or by any defense which such Guarantor the Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 2 contracts

Samples: Guaranty (Polyphase Corp), Guaranty (Polyphase Corp)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each Guarantor shall not, without the prior written consent of Guarantied Party acting pursuant to the Administrative Agent instructions of Requisite Obligees (as defined in accordance with the terms of the Credit Agreementsubsection 3.12), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorCompany. The obligations of each Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Company or by any defense which such Guarantor Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 2 contracts

Samples: Security Agreement (MBW Foods Inc), Credit Agreement (DMW Worldwide Inc)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each no Guarantor shall notshall, without the prior written consent of the Administrative Agent in accordance with acting pursuant to the terms instructions of the Credit AgreementRequisite Lenders, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorBorrowers. The obligations of each Guarantor Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Borrowers or by any defense which such Guarantor Borrowers may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Las Vegas Sands Corp), Las Vegas Sands Corp

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each Guarantor shall not, without the prior written consent of the Administrative Agent Guarantied Party in accordance with the terms of the Credit Agreement, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorCompany. The obligations of each Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Company or by any defense which such Guarantor Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceedingproceeding except as otherwise specifically provided thereby or therein.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each the Guarantor shall not, without the prior written consent of Guarantied Party acting pursuant to the Administrative Agent in accordance with the terms instructions of the Credit Agreementall Lenders, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any Guarantorthe Borrower. The obligations of each the Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor the Borrower or by any defense which such Guarantor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Guaranty (Cig Wireless Corp.)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each no Guarantor shall notshall, without the prior written consent of the Administrative Agent in accordance with acting pursuant to the terms instructions of the Credit AgreementRequisite Lenders, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any Guarantorthe Borrower. The obligations of each Guarantor Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor the Borrower or by any defense which such Guarantor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Guaranty (Las Vegas Sands Corp)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Guaranteed Obligations remain outstanding, each no Guarantor shall notshall, without the prior written consent of Guaranteed Party acting pursuant to the Administrative Agent instructions of Requisite Obligees (as defined in accordance with the terms of the Credit Agreementsubsection 3.12), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorCompany. The obligations of each Guarantor Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Company or by any defense which such Guarantor Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Security Agreement (Arterial Vascular Engineering Inc)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) a. So long as any Guarantied Obligations remain outstanding, each no Guarantor shall notshall, without the prior written consent of the Administrative Agent in accordance with the terms each of the Credit AgreementGuarantied Parties, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any Guarantorthe Company or the relevant Issuer Subsidiary, as applicable. The obligations of each Guarantor Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor the Company or the relevant Issuer Subsidiary, as applicable, or by any defense which such Guarantor the Company or the relevant Issuer Subsidiary, as applicable, may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Private Shelf Agreement (Nu Skin Enterprises Inc)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each Guarantor shall not, without the prior written consent of Guarantied Party acting pursuant to the Administrative Agent instructions of Requisite Obligees (as defined in accordance with the terms of the Credit AgreementSection 31), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorBorrower. The obligations of each Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Borrower or by any defense which such Guarantor that Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Beasley Broadcast Group Inc)

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Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations (other than indemnification obligations not due and payable) remain outstanding, each no Guarantor shall notshall, without the prior written consent of the Administrative Agent in accordance with acting pursuant to the terms instructions of the Credit AgreementRequisite Obligees, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of of, or against any Guarantoragainst, the Company. The obligations of each Guarantor the Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor the Company, or by any defense which such Guarantor the Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Chippac LTD

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Guaranteed Obligations remain outstanding, each no Guarantor shall notshall, without the prior written consent of Guaranteed Party acting pursuant to the Administrative Agent in accordance with the terms instructions of the Credit AgreementRequisite Lenders, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorCompany. The obligations of each Guarantor Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Company or by any defense which such Guarantor Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Express Scripts Inc

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each the Guarantor shall not, without the prior written consent of the Administrative Agent Bank in accordance with the terms of the Credit Agreement, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorBorrower. The obligations of each the Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Borrower or by any defense which such Guarantor any Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Systems & Computer Technology Corp)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each the Guarantor shall not, in its capacity as creditor of the Borrower without the prior written consent of the Administrative Agent in accordance with the terms of the Credit AgreementBank, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any Guarantorthe Borrower. The obligations of each the Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor the Borrower or by any defense which such Guarantor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Guaranty Agreement (Pioneer Power Solutions, Inc.)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each no Guarantor shall notshall, without the prior written consent of Guarantied Party acting pursuant to the Administrative Agent in accordance with the terms instructions of the Credit Agreementall Lenders, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorBorrower. The obligations of each Guarantor Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Borrower or by any defense which such Guarantor any Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Mediabay Inc)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So long as any Guarantied Obligations remain outstanding, each no Guarantor shall notshall, without the prior written consent of Guarantied Party acting pursuant to the Administrative Agent instructions of Requisite Obligees (as defined in accordance with the terms of the Credit AgreementSection 3.14), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against any GuarantorCompany. The obligations of each Guarantor Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any Guarantor Company or by any defense which such Guarantor Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Alliance HealthCare Services, Inc)

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