Common use of Continuing Guarantee; Transfer of Interest Clause in Contracts

Continuing Guarantee; Transfer of Interest. This Guarantee is a continuing guaranty and shall (i) remain in full force and effect until the earliest to occur of (A) the date, if any, on which the Guarantor shall consolidate with or merge into the Issuer or any successor thereto, (B) the date, if any, on which the Issuer or any successor thereto shall consolidate with or merge into the Guarantor, (C) payment in full of the Obligations and (D) the release by (1) the Banks under the Loan Agreement, dated as of July 16, 1998, by and among the Guarantor, the Issuer (as guarantor) and the Banks, the Administrative Agent, the Documentation Agent and the Syndication Agents named therein (or under any replacement or new principal credit facility of the Issuer) of the guarantee of the Issuer thereunder and (2) the Banks under the Second Amended and Restated Revolving Credit Agreement, dated as of July 16, 1998, by and among the Guarantor, the Issuer (as guarantor), Bank of America National Trust and Savings Association, Xxxxxx Guaranty Trust Company of New York and each of the Banks named therein (or under any replacement or new principal credit facility of the Issuer) of the guarantee of the Issuer thereunder, (ii) be binding upon the Guarantor, its successors and assigns, and (iii) inure to the benefit of and be enforceable by any holder of Debt Securities, the Trustee, and by their respective successors, transferees, and assigns.

Continuing Guarantee; Transfer of Interest. This Guarantee is a continuing guaranty and shall (i) remain in full force and effect until the earliest to occur of (A) the date, if any, on which the Guarantor shall consolidate with or merge into the Issuer or any successor thereto, (B) the date, if any, on which the Issuer or any successor thereto shall consolidate with or merge into the Guarantor, (C) payment in full of the Obligations and (D) the release by (1) the Banks under the Loan Agreement, Agreement dated as of July 16, 1998, by and among the GuarantorIssuer, the Issuer Guarantor (as guarantor) and the Banks, the Administrative Agent, the Documentation Agent and the Syndication Agents named therein (or under any replacement or new principal credit facility of the Issuer) of the guarantee of the Issuer Guarantor thereunder and (2) the Banks under the Second Amended and Restated Revolving Credit Agreement, dated as of July 16, 199816,1998, by and among the GuarantorIssuer, the Issuer Guarantor (as guarantor), Bank of America National Trust and Savings Association, Xxxxxx Morgan Guaranty Trust Company of New York and each of the Banks named therein (or under any replacement or new principal credit facility of the Issuer) of the guarantee of the Issuer Guarantor thereunder, (ii) be binding upon the Guarantor, its successors and assigns, and (iii) inure to the benefit of and be enforceable by any holder of Debt Securities, the Trustee, and by their respective successors, transferees, and assigns.

Continuing Guarantee; Transfer of Interest. This Guarantee is a continuing guaranty and shall (i) remain in full force and effect until the earliest to occur of (A) the date, if any, on which the Guarantor shall consolidate with or merge into the Issuer or any successor thereto, (B) the date, if any, on which the Issuer or any successor thereto shall consolidate with or merge into the Guarantor, (C) payment in full of the Obligations and (D) the release by (1) the Banks banks under the 364-Day Loan AgreementAgreement dated June 29, dated as of July 16, 19982001, by and among the GuarantorIssuer, the Issuer Guarantor (as guarantor) and the Banks), the Administrative Agentbanks signatory thereto, the Documentation Agent Fleet National Bank, as administrative agent, Deutsche Bank AG, New York Branch and the Syndication Agents named therein Citibank, N.A., as co-documentation agents, Bank of America, N.A. and X.X. Xxxxxx Securities, Inc., as co-syndication agents, and X.X. Xxxxxx and Banc of America Securities LLC, as joint lead arrangers and joint book managers (or under any replacement or new principal credit facility of the Issuer) of the guarantee of the Issuer Guarantor thereunder and (2) the Banks banks under the Second Amended and Restated Revolving Credit AgreementAgreement dated June 29, dated as of July 16, 19982001, by and among the GuarantorIssuer, the Issuer Guarantor (as guarantor), Fleet National Bank, as administrative agent, Bank of America, N.A. and X.X. Xxxxxx and Banc of America National Trust Securities LLC, as joint lead arrangers and Savings Association, Xxxxxx Guaranty Trust Company of New York and each of the Banks named therein joint book managers (or under any replacement or new principal credit facility of the Issuer) of the guarantee of the Issuer Guarantor thereunder, (ii) be binding upon the Guarantor, its successors and assigns, and (iii) inure to the benefit of and be enforceable by any holder of Debt Securities, the Trustee, and by their respective successors, transferees, and assigns.