Common use of CONTINUING GUARANTY OF BORROWER'S INDEBTEDNESS Clause in Contracts

CONTINUING GUARANTY OF BORROWER'S INDEBTEDNESS. Guarantor hereby absolutely and unconditionally agrees to, and by these presents does hereby, guarantee the prompt and punctual payment, performance and satisfaction of any and all loans, extensions of credit and/or other obligations that Borrower may now and/or in the future owe to and/or incur in favor of Lenders under or pursuant to that certain Restated Credit Agreement dated as of April 17, 1997, as amended, by and among Borrower, Guarantors and Lenders, and as the same may be amended and/or restated from time to time and in effect (the "Credit Agreement"), including the indebtedness of Borrower evidenced by certain Promissory Notes of even date herewith in the maximum aggregate principal amount of $160,000,000.00, made by Borrower pursuant to the Credit Agreement, as said Promissory Notes may be renewed from time to time and in effect, and whether such indebtedness and/or obligations are absolute or contingent, liquidated or unliquidated, due or to become due, secured or unsecured, and whether now existing or hereafter arising, of any nature or kind whatsoever, up to a maximum principal amount outstanding at any one or more times not to exceed ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000.000.00), together with interest, costs and attorneys' fees thereon (with all of Borrower's indebtedness and/or obligations being hereinafter individually and collectively referred to under this Agreement as "Borrower's Indebtedness" or the "Indebtedness"). Notwithstanding any other provision herein to the contrary, the maximum principal amount of Borrower's Indebtedness in favor of Lenders guaranteed by Guarantor under this Agreement is limited to ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000,000.00) (interest, costs, and attorney's fees under Borrower's Indebtedness are additionally guaranteed hereunder.)

Appears in 1 contract

Samples: Facilities Agreement (Global Industries LTD)

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CONTINUING GUARANTY OF BORROWER'S INDEBTEDNESS. Guarantor hereby absolutely and unconditionally agrees to, and by these presents does hereby, guarantee the prompt and punctual payment, performance and satisfaction of any and all loans, extensions of credit and/or other obligations that Borrower may now and/or in the future owe to and/or incur in favor of Lenders Lender under or pursuant to that certain Restated Credit Agreement dated as of April 17, 1997, as amendedeven date herewith, by and among Borrower, Guarantors and LendersGuarantor, and Lender, as the same may be amended and/or restated from time to time and in effect (the "Credit Agreement"), including the indebtedness of Borrower evidenced by that certain Promissory Notes Revolving Note dated of even date herewith herewith, in the maximum aggregate principal amount of $160,000,000.0030,000,000.00, made executed by Borrower pursuant to the Credit Agreement, as and any and all renewals, extensions, substitutions, modifications and replacements of said Promissory Notes may be renewed Revolving Note from time to time and in effect, and whether such indebtedness and/or obligations are absolute or contingent, liquidated or unliquidated, due or to become due, secured or unsecured, and whether now existing or hereafter arising, of any nature or kind whatsoever, up to a maximum principal amount outstanding at any one or more times not to exceed ONE HUNDRED SIXTY THIRTY MILLION AND NO/100 DOLLARS (U.S. $160,000.000.0030,000,000.00), together with interest, costs and attorneys' fees thereon (with all of Borrower's indebtedness and/or obligations being hereinafter individually and collectively referred to under this Agreement as "Borrower's Indebtedness" or the "Indebtedness"). Notwithstanding any other provision herein to the contrary, the maximum principal amount of Borrower's Indebtedness in favor of Lenders guaranteed by Guarantor under this Agreement is limited to ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000,000.00) (interest, costs, and attorney's fees under Borrower's Indebtedness are additionally guaranteed hereunder.)

Appears in 1 contract

Samples: Commercial Guaranty (Carrizo Oil & Gas Inc)

CONTINUING GUARANTY OF BORROWER'S INDEBTEDNESS. Guarantor hereby absolutely and unconditionally agrees to, and by these presents does hereby, guarantee the prompt and punctual payment, performance and satisfaction of any and all loans, extensions of credit and/or other obligations that Borrower may now and/or in the future owe to and/or incur in favor of Lenders under or pursuant to that certain Restated Credit Agreement dated as of April 17, 1997, as amended, by and among Borrower, Guarantors and Lenders, and as the same may be amended and/or restated from time to time and in effect (the "Credit Agreement"), including the indebtedness of Borrower evidenced by certain Promissory Notes of even date herewith in the maximum aggregate principal amount of $160,000,000.00250,000,000.00, made by Borrower pursuant to the Credit Agreement, as said Promissory Notes may be renewed from time to time and in effect, and whether such indebtedness and/or obligations are absolute or contingent, liquidated or unliquidated, due or to become due, secured or unsecured, and whether now existing or hereafter arising, of any nature or kind whatsoever, up to a maximum principal amount outstanding at any one or more times not to exceed ONE TWO HUNDRED SIXTY FIFTY MILLION AND NO/100 DOLLARS (U.S. $160,000.000.00250,000.000.00), together with interest, costs and attorneys' fees thereon (with all of Borrower's indebtedness and/or obligations being hereinafter individually and collectively referred to under this Agreement as "Borrower's Indebtedness" Indebtedness or the "Indebtedness"). Notwithstanding any other provision herein to the contrary, the maximum principal amount of Borrower's Indebtedness in favor of Lenders guaranteed by Guarantor under this Agreement is limited to ONE TWO HUNDRED SIXTY FIFTY MILLION AND NO/100 DOLLARS (U.S. $160,000,000.00250,000,000.00) (interest, costs, and attorney's fees under Borrower's Indebtedness are additionally guaranteed hereunder.)

Appears in 1 contract

Samples: Credit Agreement (Global Industries LTD)

CONTINUING GUARANTY OF BORROWER'S INDEBTEDNESS. Guarantor hereby absolutely and unconditionally agrees to, and by these presents does hereby, guarantee the prompt and punctual payment, performance and satisfaction of any and all loans, extensions of credit and/or other obligations that Borrower may now and/or in the future owe to and/or incur in favor of Lenders under or pursuant to that certain Amended and Restated Credit Agreement dated as of April 17, 1997, as amendedeven date herewith, by and among Borrower, Guarantors Guarantor, Agent, and Lenders, and as the same may be amended and/or restated from time to time and in effect (the "Credit Agreement"), including the indebtedness of Borrower evidenced by certain Promissory Notes dated of even date herewith herewith, in the maximum aggregate principal amount of $160,000,000.00100,000,000.00, made executed by Borrower pursuant to the Credit Agreement, as and any and all renewals, extensions, substitutions, modifications and replacements of said Promissory Notes may be renewed from time to time and in effect, and whether such indebtedness and/or obligations are absolute or contingent, liquidated or unliquidated, due or to become due, secured or unsecured, and whether now existing or hereafter arising, of any nature or kind whatsoever, up to a maximum principal amount outstanding at any one or more times not to exceed ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000.000.00100,000,000.00), together with interest, costs and attorneys' fees thereon (with all of Borrower's indebtedness and/or obligations being hereinafter individually and collectively referred to under this Agreement as "Borrower's Indebtedness" or the "Indebtedness"). Notwithstanding any other provision herein to the contrary, the maximum principal amount of Borrower's Indebtedness in favor of Lenders guaranteed by Guarantor under this Agreement is limited to ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000,000.00) (interest, costs, and attorney's fees under Borrower's Indebtedness are additionally guaranteed hereunder.)

Appears in 1 contract

Samples: Commercial Guaranty (Petroquest Energy Inc)

CONTINUING GUARANTY OF BORROWER'S INDEBTEDNESS. Guarantor hereby hereby, jointly and severally, absolutely and unconditionally agrees to, and by these presents does hereby, jointly and severally, irrevocably guarantee the prompt full and punctual payment, performance and satisfaction of any and all loansindebtedness, extensions of credit and/or other liabilities and obligations that Borrower may now and/or in the future owe to and/or incur in favor of Lenders Lender, or any successor or transferee thereof, under or pursuant to that certain Restated Credit Loan Agreement dated as of April 17, 1997, as amended, by and among Borrower, Guarantors and Lenders, and as the same may be amended and/or restated from time to time and in effect (the "Credit Agreement"), including the indebtedness of Borrower evidenced by certain Promissory Notes of even date herewith (the "Loan Agreement") among the Borrower, Lender, and the Guarantor, including, without limitation, any and all indebtedness, liabilities and obligations of the Borrower to Lender under and pursuant to all of the Debt Documents (as such term is defined in the maximum aggregate principal amount of $160,000,000.00Loan Agreement), made by Borrower pursuant to the Credit Agreementwhether said indebtedness, as said Promissory Notes may be renewed from time to time and in effect, and whether such indebtedness and/or liabilities or obligations are absolute or contingent, liquidated or unliquidated, due or to become due, secured or unsecured, and whether now existing or hereafter arising, of any nature or kind whatsoeverincluding without limitation, up to a maximum principal amount outstanding at any one or more times not to exceed ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000.000.00)all principal, together with interest, deferral and delinquency charges, costs and attorneys' fees thereon fees, and under and pursuant to all amendments, supplements, renewals and restatements to any such documents (with all of Borrower's indebtedness and/or obligations being hereinafter individually and collectively referred to under this Agreement as "Borrower's Indebtedness" or collectively, the "Indebtedness"). Notwithstanding any other provision Guarantor hereby further agrees that its guarantee may not be revoked in whole or in part. Capitalized terms used in this Guaranty and not defined herein shall have the meaning given to such terms in the contrary, the maximum principal amount of Borrower's Indebtedness in favor of Lenders guaranteed by Guarantor under this Agreement is limited to ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000,000.00) (interest, costs, and attorney's fees under Borrower's Indebtedness are additionally guaranteed hereunderLoan Agreement.)

Appears in 1 contract

Samples: Continuing Guaranty (Torch Offshore Inc)

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CONTINUING GUARANTY OF BORROWER'S INDEBTEDNESS. Guarantor hereby absolutely and unconditionally agrees to, and by these presents does hereby, guarantee the prompt and punctual payment, performance and satisfaction of any and all loans, extensions of credit and/or other obligations that Borrower may now and/or in the future owe to and/or incur in favor of Lenders Lender under or pursuant to that certain Second Amended and Restated Credit Agreement dated as of April 17, 1997, as amendedeven date herewith, by and among Borrower, Guarantors Guarantor, the Agent, and Lenders, and as the same may be amended and/or restated from time to time and in effect (the "Credit Agreement"), including the indebtedness of Borrower evidenced by certain Promissory Notes dated of even date herewith herewith, in the maximum aggregate principal amount of $160,000,000.00100,000,000.00, made executed by Borrower pursuant to the Credit Agreement, as and any and all renewals, extensions, substitutions, modifications and replacements of said Promissory Notes may be renewed from time to time and in effect, and whether such indebtedness and/or obligations are absolute or contingent, liquidated or unliquidated, due or to become due, secured or unsecured, and whether now existing or hereafter arising, of any nature or kind whatsoever, up to a maximum principal amount outstanding at any one or more times not to exceed ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000.000.00100,000,000.00), together with interest, costs and attorneys' fees thereon (with all of Borrower's indebtedness and/or obligations being hereinafter individually and collectively referred to under this Agreement as "Borrower's Indebtedness" or the "Indebtedness"). Notwithstanding any other provision herein to the contrary, the maximum principal amount of Borrower's Indebtedness in favor of Lenders guaranteed by Guarantor under this Agreement is limited to ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000,000.00) (interest, costs, and attorney's fees under Borrower's Indebtedness are additionally guaranteed hereunder.)

Appears in 1 contract

Samples: Commercial Guaranty (Carrizo Oil & Gas Inc)

CONTINUING GUARANTY OF BORROWER'S INDEBTEDNESS. Guarantor hereby absolutely and unconditionally agrees to, and by these presents does hereby, guarantee the prompt and punctual payment, performance and satisfaction of any and all loans, extensions of credit and/or other obligations that Borrower may now and/or in the future owe to and/or incur in favor of Lenders under or pursuant to that certain the Restated Credit Agreement dated as of April 17, 1997, as amended, by and among Borrower, Guarantors and Lenders, and as the same may be amended and/or restated from time to time and in effect (the "Credit Agreement"), including without limitation the indebtedness of Borrower evidenced by (i) that certain Promissory Notes Revolving Note dated of even date herewith in the maximum aggregate principal face amount of $160,000,000.00, 25,000,000 made by Borrower pursuant to the Restated Credit AgreementAgreement and payable to the order of Hibernia, (ii) that certain Revolving Note dated of even date herewith in the face amount of $29,500,000 made by Borrower pursuant to the Restated Credit Agreement and payable to the order of Deutsche and (iii) that certain Revolving Note dated of even date herewith in the face amount of $35,500,000 made by Borrower pursuant to the Restated Credit Agreement and payable to the order of Bank One, as said Promissory Revolving Notes may be renewed from time to time and in effecteffect or replaced pursuant to the provisions of the Restated Credit Agreement, and whether such indebtedness and/or obligations are absolute or contingent, liquidated or unliquidated, due or to become due, secured or unsecured, and whether now existing or hereafter arising, of any nature or kind whatsoever, up to a maximum principal amount outstanding at any one or more times not to exceed ONE HUNDRED SIXTY MILLION AND NO/100 DOLLARS (U.S. $160,000.000.00), together with interest, costs and attorneys' fees thereon whatsoever (with all of Borrower's indebtedness and/or obligations being hereinafter individually and collectively referred to under this Agreement as "Borrower's Indebtedness" or the "Indebtedness"). Notwithstanding any other provision herein to the contrarycontrary but subject to Section 2 hereof, the maximum principal amount of Borrower's Indebtedness in favor of Lenders guaranteed by Guarantor under this Agreement is limited to ONE HUNDRED SIXTY the greater of (i) NINETY MILLION AND NO/100 DOLLARS (U.S. $160,000,000.0090,000,000.00) or (ii) the Total Outstanding (as defined in the Restated Credit Agreement) under the Restated Credit Agreement (interest, costs, and attorney's fees under Borrower's Indebtedness are additionally guaranteed hereunder.)

Appears in 1 contract

Samples: Credit Agreement (Newpark Resources Inc)

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