Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty and the Termination Date, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Agent and the Lenders and their successors, transferees and assigns. Without limiting the generality of clause (c) of the immediately preceding sentence, any Lender may assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, all or any portion of its Commitments, the Advances owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 6 contracts
Samples: Five Year Credit Agreement (Omnicom Group Inc), 364 Day Credit Agreement (Omnicom Group Inc), Five Year Credit Agreement (Omnicom Group Inc)
Continuing Guaranty; Assignments. This Guaranty Agreement is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty Agreement, the Subscription Agreements and the Termination DateConvertible Notes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Collateral Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of ), the immediately preceding sentence, Collateral Agent and any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, all or any portion of its Commitments, the Advances Convertible Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 6 contracts
Samples: Guaranty Agreement (Voip Inc), Guaranty Agreement (Voip Inc), Transaction Documents Agreement (GTC Telecom Corp)
Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty Guaranty, the Subscription Agreements and the Termination DateNotes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement Guaranty (including, without limitation, all or any portion of its Commitments, the Advances Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 5 contracts
Samples: Guaranty (Boomj Inc), Guaranty (Attitude Drinks Inc.), Guaranty (Liberty Star Uranium & Metals Corp.)
Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty Guaranty, the Subscription Agreements and the Termination DateConvertible Notes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement Guaranty (including, without limitation, all or any portion of its Commitments, the Advances Convertible Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 4 contracts
Samples: Subscription Agreement (Hq Sustainable Maritime Industries, Inc.), Guaranty (Universal Communication Systems Inc), Guaranty (Satellite Security Corp)
Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty Guaranty, the Purchase Agreements and the Termination DateNotes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Agent and the Lenders Purchasers and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender Purchaser may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement Guaranty (including, without limitation, all or any portion of its Commitments, the Advances Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Lender Collateral Agent or Purchaser herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sino Gas International Holdings, Inc.), Guaranty (Sino Gas International Holdings, Inc.)
Continuing Guaranty; Assignments. This Guaranty Article is a continuing guaranty and shall (a) remain in full force and effect until the later of (i) the cash payment in full in cash of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made and any Obligations under the Warrant and the Registration Rights Agreement) and all other amounts payable under this Guaranty Article and (ii) the Termination Final Maturity Date, (b) be binding upon the each Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, including all or any portion of its Commitments, Commitment or the Advances owing to it and the Note or Notes held by itLoans) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Lender herein or otherwise, in each case as and to the extent provided in Section 911.07.
Appears in 1 contract
Samples: Credit Agreement (Progressive Gaming International Corp)
Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash (or conversion of Notes to common stock) of the Guaranteed Obligations and all other amounts payable under this Guaranty Guaranty, the Subscription Agreements and the Termination DateNotes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement Guaranty (including, without limitation, all or any portion of its Commitments, the Advances Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 1 contract
Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty Guaranty, the Subscription Agreements and the Termination DateNotes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender may pledge, assign or otherwise transfer all or any (Corporate Guaranty Agreement) portion of its rights and obligations under this Agreement Guaranty (including, without limitation, all or any portion of its Commitments, the Advances Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 1 contract
Continuing Guaranty; Assignments. This Guaranty Agreement is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty Agreement, the Securities Purchase Agreement and the Termination DateConvertible Notes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, all or any portion of its Commitments, the Advances Convertible Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 1 contract
Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full in cash of the Guaranteed Obligations and all (other amounts payable under this Guaranty and the Termination Datethan unasserted contingent obligations until such obligations arise or are asserted), (b) be binding upon the Guarantor, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement Guaranty (including, without limitation, all or any portion of its Commitments, the Advances Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 1 contract
Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty Guaranty, the Subscription Agreements and the Termination DateNotes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable against Guarantor by the Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of the immediately preceding sentence), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement Guaranty (including, without limitation, all or any portion of its Commitments, the Advances Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 1 contract
Samples: Guaranty (China Biopharma, Inc.)
Continuing Guaranty; Assignments. This Guaranty Agreement is a continuing -------------------------------- guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty Agreement, the Subscription Agreements and the Termination DateConvertible Notes, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Collateral Agent and the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c) of ), the immediately preceding sentence, Collateral Agent and any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, all or any portion of its Commitments, the Advances Convertible Notes owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 9.
Appears in 1 contract
Samples: Guaranty Agreement (FTS Group, Inc.)