Common use of Borrowings and Guaranties Clause in Contracts

Borrowings and Guaranties. The Borrower shall not, nor shall it permit any Subsidiary to, issue, incur, assume, create or have outstanding any Indebtedness for Borrowed Money, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any Person other than themselves (including the Borrower or any Subsidiary of the Borrower), or otherwise agree to provide funds for payment of the obligations of any Person (including the Borrower or any Subsidiary of the Borrower), or supply funds thereto or invest therein or otherwise assure a creditor of any Person other than themselves (including the Borrower or any Subsidiary of the Borrower) against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent:

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Penford Corp), Credit Agreement (Penford Corp), Credit Agreement (Penford Corp)

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Borrowings and Guaranties. The Neither the Parent nor the Borrower shall notshall, nor shall it permit any Subsidiary to, issue, incur, assume, create or have outstanding any Indebtedness for Borrowed MoneyMoney or other indebtedness, or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangements, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any Person other than themselves (including the Borrower or any Subsidiary of the Borrower)Person, or otherwise agree to provide funds for payment of the obligations of any Person (including the Borrower or any Subsidiary of the Borrower)another, or supply funds thereto or invest therein or otherwise assure a creditor of any Person other than themselves (including the Borrower or any Subsidiary of the Borrower) another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent:

Appears in 2 contracts

Samples: Credit Agreement (Smart Balance, Inc.), Credit Agreement (Smart Balance, Inc.)

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