Breach of Guaranty. Termination or breach of any Guaranty or Guaranty Security Agreement or similar agreement executed and delivered to Agent in connection with the Obligations of any Borrower, or if any Guarantor attempts to terminate, challenges the validity of, or its liability under, any such Guaranty or Guaranty Security Agreement or similar agreement;
Breach of Guaranty. The REIT shall fail to duly and punctually perform or observe any agreement, covenant or obligation under its Guaranty.
Breach of Guaranty. No officer of any Borrower is aware of (i) any breach of any representation, warranty, covenant or agreement made by any Guarantor under the Guaranty, (ii) any continuing default or event of default under the Guaranty, (iii) any repudiation of the Guaranty by any Borrower or the Guarantor or (iv) any event, circumstance or fact that has occurred and is continuing that could reasonably be expected to result in such a breach, default or event of default under the Guaranty.
Breach of Guaranty. Termination or breach of any Guaranty or Guaranty Security Agreement or similar agreement executed and delivered to Agent in connection with the Obligations of Borrower, or if any Guarantor attempts to terminate, challenges the validity of, or its liability under, any such Guaranty or Guaranty Security Agreement or similar agreement.”
(s) The first paragraph of Section 14.3 of the Credit Agreement is hereby amended and restated to read as follows:
Breach of Guaranty. The REIT shall fail to duly and punctually perform or observe any agreement, covenant or obligation under its Guaranty, or any Guarantor Subpartnership shall fail to duly and punctually perform or observe any agreement, covenant or obligation under its Guaranty. An Event of Default shall be deemed "continuing" until cured or waived in writing in accordance with Section 12.4.
Breach of Guaranty. In the event that Cell Genesys is in default of its obligations under the Guaranty, this Warrant shall immediately cease to be exercisable and Holder shall have no further rights to purchase shares hereunder.
Breach of Guaranty. Guarantor Security Agreement or Pledge Agreement 104105 10.13. Change of Control 104105 10.14. Invalidity 104105 10.15. Pension Plans 104105 10.
Breach of Guaranty. 93 10.13. Change of Control. 94 10.14. Invalidity. 94 10.15. Licenses. 94 10.16. Seizures. 94 10.17. Pension Plans. 94 10.18. Subordinated Loan Default. 95
Breach of Guaranty. Any Guarantor shall fail to duly and punctually perform or observe any agreement, covenant or obligation under its Guaranty. An Event of Default shall be deemed "continuing" until cured or waived in writing in accordance with Section 12.4.
Breach of Guaranty. Security Agreement or Pledge Agreement 99 10.13.Change of Control 100 10.14.Invalidity 100 10.15.Licenses 100 10.16.Pension Plans 100 10.17.Reportable Compliance Event 100 XI.LENDERS’ RIGHTS AND REMEDIES AFTER DEFAULT 100 11.1.Rights and Remedies 100 11.2.Agent’s Discretion 102 11.3.Setoff 102 11.4.Rights and Remedies not Exclusive 102 11.5.Allocation of Payments After Event of Default 102 XII.WAIVERS AND JUDICIAL PROCEEDINGS 103 12.1.Waiver of Notice 103 12.2.Delay 103 12.3.Jury Waiver 103 XIII.EFFECTIVE DATE AND TERMINATION 104 13.1.Term 104 13.2.Termination 104 XIV.REGARDING AGENT 104 14.1.Appointment 104 14.2.Nature of Duties 105 14.3.Lack of Reliance on Agent and Resignation 105 14.4.Certain Rights of Agent 106 00.0.Xxxxxxxx 106 14.6.Notice of Default 107 14.7.Indemnification 107 14.8.Agent in its Individual Capacity 107 00.0.Xxxxxxxx of Documents 107 14.10.Borrowers’ Undertaking to Agent 107 00.00.Xx Reliance on Agent’s Customer Identification Program 107 14.12.Other Documents 108 14.13.Withholding Tax 108 14.14.Collateral and Guaranty Matters 108 XV.BORROWING AGENCY 109 15.1.Borrowing Agency Provisions 109 15.2.Waiver of Subrogation 109 XVI.MISCELLANEOUS 109 16.1.Governing Law 109 16.2.Entire Understanding 110 16.3.Successors and Assigns; Participations; New Lenders 111 16.4.Application of Payments 113 16.5.Indemnity 114 16.6.Notice 115 16.7.Survival 117 16.8.Severability 117 16.9.Expenses 117 16.10.Injunctive Relief 118 16.11.Consequential Damages 118 16.12.Captions 118 16.13.Counterparts; Facsimile Signatures 118 00.00.Xxxxxxxxxxxx 118 16.15.Confidentiality; Sharing Information 119 16.16.Publicity 119 16.17.Certifications From Banks and Participants; USA PATRIOT Act 119 16.18.Anti-Terrorism Laws 119 16.19.Concerning Joint and Several Liability of Borrowers 120 16.20.Non-Applicability of Chapter 346 121 16.21.BORROWERS’ WAIVER OF RIGHTS UNDER TEXAS DECEPTIVE TRADE PRACTICES ACT 122 16.22.Amendment and Restatement 122 Exhibit 1.1 Perfection Certificate
