Continuing Guaranty; Reinstatement. (a) This Guaranty is a continuing guaranty and shall remain in full force and effect until the latest of: (i) the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty (other than contingent indemnification obligations); and (ii) the date on which all commitments of the Guaranteed Parties under the Credit Agreement shall terminate and all Loans shall be indefeasibly paid in full. (b) This Guaranty and each other Guaranteed Document to which Guarantor is a party shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any Guaranteed Obligation is rescinded or must otherwise be returned by any Guaranteed Party as a result of the insolvency, bankruptcy or reorganization of any Credit Party or otherwise, all as though such payment had not been made, and the Guarantors jointly and severally will pay such amount to the applicable Guaranteed Party on demand. Any transfer by subrogation that is made as contemplated in Section 7.2 prior to any such payment shall (regardless of the terms of such transfer) be automatically voided upon the making of any such payment or payments, and all rights so transferred shall thereupon automatically revert to and be vested in the Guaranteed Parties.
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Samples: Second Lien Guaranty (Sundance Energy Australia LTD), Second Lien Guaranty (Sundance Energy Australia LTD), Second Lien Guaranty (Sundance Energy Australia LTD)
Continuing Guaranty; Reinstatement. (a) This Guaranty The Guarantee set forth in this Article 11 is a continuing guaranty and shall remain in full force and effect until the latest of:
(i) the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under hereunder, unless released in accordance with this Guaranty (other than contingent indemnification obligations); and
(ii) the date on which all commitments of the Guaranteed Parties under the Credit Agreement shall terminate and all Loans shall be indefeasibly paid in fullArticle 11.
(b) This Guaranty Article 11 and each other Guaranteed Note Document to which any Guarantor is a party shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any Guaranteed Obligation is rescinded or must otherwise be returned by any Guaranteed Party Note Creditor as a result of the insolvency, bankruptcy or reorganization of the Issuers or any Credit Party Guarantor or otherwise, all as though such payment had not been made, and the Guarantors each Guarantor jointly and severally will pay such amount to the applicable Guaranteed Party Trustee, on behalf of Holders, on demand. Any transfer by subrogation that is made as contemplated in Section 7.2 11.02(b) prior to any such payment shall (regardless of the terms of such transfer) be automatically voided upon the making of any such payment or payments, and all rights so transferred shall thereupon automatically revert to and be vested in the Guaranteed PartiesNote Creditors.
Appears in 2 contracts
Samples: Indenture (Interface Security Systems, L.L.C.), Indenture (Interface Security Systems Holdings Inc)
Continuing Guaranty; Reinstatement. (a) This Guaranty is a continuing guaranty and shall remain in full force and effect until the latest of:
(i) the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty (other than contingent indemnification obligations); andGuaranty,
(ii) the date on which all commitments of the Guaranteed Parties Lender under the Credit Agreement shall terminate terminate, and
(iii) the latest date of expiration or termination of all Commitments and all Loans shall be indefeasibly paid in fullletters of credit issued under the Credit Agreement.
(b) This Guaranty and each other Guaranteed Loan Document to which Guarantor is a party shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any Guaranteed Obligation is rescinded or must otherwise be returned by any Guaranteed Party Lender as a result of the insolvency, bankruptcy or reorganization of any Credit Party Restricted Person or otherwise, all as though such payment had not been made, and the Guarantors Guarantor jointly and severally will pay such amount to the applicable Guaranteed Party Lender on demand. Any transfer by subrogation that is made as contemplated in Section 7.2 prior to any such payment shall (regardless of the terms of such transfer) be automatically voided upon the making of any such payment or payments, and all rights so transferred shall thereupon automatically revert to and be vested in the Guaranteed PartiesLender.
Appears in 2 contracts
Samples: Guaranty (Forbes Energy Services Ltd.), Guaranty (Forbes Energy Services Ltd.)
Continuing Guaranty; Reinstatement. (a) This Guaranty The Note Guarantee set forth in this Article 11 is a continuing guaranty and shall remain in full force and effect until the latest of:
(i) the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under hereunder, unless released in accordance with this Guaranty (other than contingent indemnification obligations); and
(ii) the date on which all commitments of the Guaranteed Parties under the Credit Agreement shall terminate and all Loans shall be indefeasibly paid in fullArticle 11.
(b) This Guaranty Article 11 and each other Guaranteed Indenture Document to which any Guarantor is a party shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any Guaranteed Obligation is rescinded or must otherwise be returned by any Guaranteed Party Second Lien Creditor as a result of the insolvency, bankruptcy or reorganization of PES or any Credit Party Guarantor or otherwise, all as though such payment had not been made, and the Guarantors each Guarantor jointly and severally will pay such amount to the applicable Guaranteed Party Second Lien Creditor on demand. Any transfer by subrogation that is made as contemplated in Section 7.2 11.09(b) prior to any such payment shall (regardless of the terms of such transfer) be automatically voided upon the making of any such payment or payments, and all rights so transferred shall thereupon automatically revert to and be vested in the Guaranteed PartiesSecond Lien Creditors.
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