Certain Guaranties. Each of the Indenture Trustee and the Master Servicer agrees that it (i) shall not treat any ledger account or deposit account as an "Eligible Account" by reason of a guaranty of the type described in clause (ii)(a) of the definition of "Eligible Account" in the Sale and Servicing Agreement unless Financial Security shall have previously approved in writing the form of such guaranty and (ii) shall not treat any investment as an "Eligible Investment" by reason of a guaranty of the type described in clause (iii)(b) or clause (vii) of the definition of "Eligible Investments" in the Sale and Servicing Agreement unless Financial Security shall have previously approved in writing the form of such guaranty.
Certain Guaranties. At the Closing Time, the Company shall not be a party to, or obligated under, any guarantee of indebtedness of money borrowed by, or reimbursement in connection with a letter of credit issued to secure an obligation of, BJK&E or any other person other than itself or the deferred purchase price of any property acquired by BJK&E or any person other than itself.
Certain Guaranties. Buyer shall use its commercially reasonable efforts to cause itself to be substituted in all respects for Sellers or their Affiliates (as applicable) (or, in the case of the guaranties by Philxx Xxxrxx Xxxital Corporation ("PMCC") covering potential liabilities associated with certain underground storage tanks as more fully described in attached Schedule 7(f), otherwise satisfy the federal and state financial assurance legal requirements related thereto), effective as of the Closing, in respect of all obligations of Sellers and their respective Affiliates under each of the guaranties obligations or other obligations set forth on Schedule 7(f) (individually, a "Guaranty", and collectively, the "Guaranties"). Copies of each of the Guaranties have been provided or made available to Buyer. If Buyer is unable to effect such a substitution with respect to any Guaranty (or, in the case of the PMCC guaranty, otherwise satisfy the federal and state financial assurance requirements) after using commercially reasonable efforts to do so, Buyer shall obtain letters of credit in favor of Sellers (or their Affiliates) with respect to all obligations and liabilities of the applicable Seller or Affiliate under such Guaranty, on terms, in amounts and from financial institutions reasonably satisfactory to Sellers. As a result of the substitution contemplated by the first sentence of this Section 7(f) and/or the letter or letters of credit contemplated by the immediately preceding sentence, Sellers and their Affiliates shall from and after the Closing cease to have any obligation whatsoever arising from or in connection with the Guaranties (and shall have the right to unilaterally terminate the coverage of the PMCC guaranties with respect to the properties covered thereby) except 46 for obligations, if any, for which Sellers or their appropriate Affiliates will be fully indemnified pursuant to a letter of credit obtained by Buyer and except as otherwise specifically provided in Section 11(a).
Certain Guaranties. Borrowers acknowledge that, pursuant to Section ------------------ 11.25 of the Loan Agreement, JCP Realty, Inc. and Xxxxxxx Associates (the "Additional Guarantors") executed and delivered limited guaranties of payment with respect to the Loans (the "Additional Guaranties"). Each Borrower agrees that its obligations under the Loan Documents shall not be released, reduced, impaired or in any way affected by reason of (i) Lender's full or partial release of the Additional Guarantors or either of them or of the Additional Guaranties or either of them, or (ii) Lender's waiver or modification of, or failure to enforce or delay in enforcing, either or both of the Additional Guaranties or any provisions thereof. Each Borrower further agrees that (i) any determination of the value of any Collateral Properties pursuant to either of the Additional Guaranties shall not be binding on Lender for any purpose other than the determination of liability of the Additional Guarantors under the Additional Guaranties and (ii) no Borrower shall be entitled to raise as a defense to its obligations arising under the Loan Documents any provision of either of the Additional Guaranties or any action or inaction by Lender relating to the Additional Guaranties or either of them.
Certain Guaranties. The Borrower will cause the Guaranty Agreements of Brigxxx Xxxdings I, LLC and Brigxxx Xxxdings II, LLC together with opinions of counsel with respect thereto in form and substance satisfactory to the Agent to be delivered on or before 30 days after the Closing Date.
Certain Guaranties. (i) The bank lenders to the LLC shall have released WMI, Xxxxxxxx and Xxxxx from any personal liability for, or guarantee of, or other security arrangement for, the notes, debts and obligations of the LLC to such lenders, or (ii) all indebtedness of the LLC to such banks shall have been repaid and the related credit facilities terminated and WMI, Xxxxxxxx and Xxxxx shall have received an indemnity from Atmos, reasonably satisfactory to them, from all obligations in respect of such indebtedness. If Xxxxxxxx or Xxxxx has delivered any other guarantees for the benefit of the LLC, the release of such guarantees shall also have been obtained or the guaranteed obligations satisfied and a similar indemnity provided;
Certain Guaranties. 56 ARTICLE VII EVENTS OF DEFAULT
Certain Guaranties. Section 10.5 to the Note Purchase Agreements is hereby amended and restated in its entirety to read as follows:
Certain Guaranties. Schedule 6.01(cc) Allegis Facilities Indebtedness; Lien Releases;
Certain Guaranties. Guaranty obligations (i) in existence as of March , 1997, as disclosed to Lender in a written schedule dated as of that date, (ii) with respect to Bankcard America in an amount of up to $1,000,000, (iii) with respect to Money Transfer Systems in an amount of up to $250,000, and (iv) other guaranty obligations incurred in the ordinary course of business in favor of processing banks with regard to processing operations or in favor of Sirrom Capital Corporation or its Affiliates with regard to other payment servicing companies, subject to the limitations that no guaranty obligation shall be permitted under this Subsection 7.1.7(iv) in excess of the amount of $1,000,000 as to any individual primary obligor and the aggregate guaranty obligations permitted under this Subsection 7.1.7(iv) shall not exceed $25,000,000.
