Continuing Guaranty; Assignments. This ARTICLE XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment in Full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI and the Final Maturity Date and (b) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 10 contracts
Samples: Credit Agreement (Funko, Inc.), Credit Agreement (Funko, Inc.), Credit Agreement (Funko, Inc.)
Continuing Guaranty; Assignments. This ARTICLE XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Agents and the L/C Issuer Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, Commitments and its Loans, the Reimbursement Obligations and the Letter of Credit Obligations Loans owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 3 contracts
Samples: Financing Agreement (Angie's List, Inc.), Financing Agreement (Westmoreland Resource Partners, LP), Financing Agreement (Angie's List, Inc.)
Continuing Guaranty; Assignments. This ARTICLE XI X is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI X and the Final Maturity Date termination of the Total Commitment, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Agents and the L/C Issuer Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, Commitments or its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.0711.07.
Appears in 2 contracts
Samples: Financing Agreement (Xanodyne Pharmaceuticals Inc), Financing Agreement (Xanodyne Pharmaceuticals Inc)
Continuing Guaranty; Assignments. This ARTICLE XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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 Revolving Credit Commitments, its Revolving Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 2 contracts
Samples: Credit Agreement (Lantheus Medical Imaging, Inc.), Credit Agreement (Lantheus MI Intermediate, Inc.)
Continuing Guaranty; Assignments. This ARTICLE XI XII is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment in Full date on which all of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI XII shall have been Paid in Full and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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 Revolving Credit Commitments, Term Loan A Commitments, Term Loan B Commitments, its Loans, the Reimbursement Obligations Loans and the Letter of Credit Obligations owing to 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 provided in Section 12.0713.07.
Appears in 2 contracts
Samples: Financing Agreement (Oglebay Norton Co /Ohio/), Financing Agreement (Oglebay Norton Co /Ohio/)
Continuing Guaranty; Assignments. This ARTICLE XI Article is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of (i) the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI Article and (ii) the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 2 contracts
Samples: Financing Agreement (PRG Schultz International Inc), Financing Agreement (PRG Schultz International Inc)
Continuing Guaranty; Assignments. This ARTICLE XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 2 contracts
Samples: Financing Agreement (Zagg INC), Financing Agreement (Eagle Family Foods Inc)
Continuing Guaranty; Assignments. This ARTICLE XI IX is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI IX and as to Term Loan A-1, the Final Term Loan A-1 Maturity Date and as to Term Loan A and Term Loan B. the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Agent and the L/C Issuer Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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 Term Loan A Commitment, its Term Loan A-1 Commitments, its LoansTerm Loan B Commitment, the Reimbursement Obligations and the Letter of Credit Obligations its Loans owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.0710.07.
Appears in 2 contracts
Samples: Financing Agreement (Wmi Holdings Corp.), Financing Agreement (Washington Mutual, Inc)
Continuing Guaranty; Assignments. This ARTICLE XI Article X is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI Article X and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the AgentsAgent, the Lenders, the Lenders and Issuing Bank Product Providers and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.0711.07.
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Continuing Guaranty; Assignments. This ARTICLE Article XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE Article XI and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 1 contract
Continuing Guaranty; Assignments. This ARTICLE XI Article is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI Article and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its the Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it and any Note held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 1 contract
Continuing Guaranty; Assignments. This ARTICLE XI 0 is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI 0 and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.070.
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Continuing Guaranty; Assignments. This ARTICLE XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Agents and the L/C Issuer Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 1 contract
Continuing Guaranty; Assignments. This ARTICLE XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the AgentsAgent, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 1 contract
Samples: Financing Agreement (North Atlantic Trading Co Inc)
Continuing Guaranty; Assignments. This ARTICLE XI Article is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI Article and the Final Maturity Date and Revolving Credit Termination Date, (b) be binding upon the Guarantor, its successors and assigns, (c) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lender and the L/C Issuer and their its successors, pledgees, transferees and assignsassigns and (d) shall continue to be effective or shall be reinstated as the case may be, if at any time any payment of any of the Obligations is rescinded or must otherwise be returned by the Lenders upon the insolvency, bankruptcy or reorganization of the Borrower or any Guarantor or otherwise, all as though such payment had not been made. Without limiting the generality of the foregoing clause (c), any the 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, its LoansCommitment, the Reimbursement Obligations Loans owing to it and the Letter of Credit Obligations owing to Note held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such the Lender herein or otherwise, in each case as provided in Section 12.0711.07.
Appears in 1 contract
Continuing Guaranty; Assignments. This ARTICLE XI Article is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI Article and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 1 contract
Continuing Guaranty; Assignments. This -------------------------------- ARTICLE XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment in Full date on which all of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE XI shall have been Paid in Full in cash and the Final Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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 Revolving Credit Commitments, its Loans, the Reimbursement Obligations Loans and the Letter of Credit Obligations owing to 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 provided in Section 12.07.
Appears in 1 contract
Samples: Financing Agreement (Solutia Inc)
Continuing Guaranty; Assignments. This ARTICLE Article XI is a continuing guaranty and shall (a) in the case of each Loan Party, remain in full force and effect until the later of the Payment cash payment in Full full of the Guaranteed Obligations (other than indemnification obligations as to which no claim has been made) and all other amounts payable under this ARTICLE Article XI and the Final Senior Loan Maturity Date Date, (b) be binding upon each Guarantor, its successors and assigns and (bc) inure to the benefit of and be enforceable by the Agents, the Lenders, the Bank Product Providers Lenders and the L/C Issuer and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), 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, its Loans, the Reimbursement Obligations and the Letter of Credit Obligations owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.
Appears in 1 contract