Common use of Continuing Guaranty; Transfer of Notes Clause in Contracts

Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until 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 Guarantied Parties and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (c), any of the Guarantied Parties may assign or otherwise transfer any Note held by it or Guarantied Obligations owing to it to any other Person, and such other Person shall thereupon become vested with all the rights in respect thereof granted to such Guarantied Party herein or otherwise with respect to such of the Notes and Guarantied Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 11.06 of the Credit Agreement in respect of assignments.

Appears in 2 contracts

Samples: Execution Version (Cogentrix Energy Inc), Execution Version (Cogentrix Energy Inc)

AutoNDA by SimpleDocs

Continuing Guaranty; Transfer of Notes. This Subject to Section 11, this Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the Termination Release Date, (bii) be binding upon the each Guarantor, its successors and assigns, and (ciii) inure to the benefit of and be enforceable by the Guarantied Parties and their respective successors, transferees, and permitted assigns. Without limiting the generality of the foregoing clause (ciii), any each of the Guarantied Parties may assign or otherwise transfer any Note held by it or Guarantied Obligations owing to it to any other Person, and such other Person shall thereupon become vested with all the rights in respect thereof granted to such Guarantied Party herein or otherwise with respect to such of the Notes and Guarantied Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 11.06 11.6 of the Credit Agreement in respect of assignments.

Appears in 2 contracts

Samples: Security Agreement (Pillowtex Corp), Security Agreement (Pillowtex Corp)

Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until indefeasible payment in full in cash of the Termination DateObligations and all other amounts payable under this Guaranty, (bii) be binding upon the Guarantor, and its successors and assigns, and (ciii) inure to the benefit of and be enforceable by the Guarantied Secured Parties and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (ciii), any of the Guarantied Secured Parties may assign or otherwise transfer any Note held by it or Guarantied Obligations Obligation owing to it to any other Person, and such other Person shall thereupon become vested with all the rights in respect thereof granted to such Guarantied Secured Party herein or otherwise with respect to such of the Notes and Guarantied Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 11.06 11.2 (Assignments and Participations) of the Credit Agreement in respect of assignments.

Appears in 1 contract

Samples: Security Agreement (National Steel Corp)

Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until indefeasible payment in full of the Termination DateObligations and all other amounts payable under this Guaranty, (bii) be binding upon the Guarantor, its successors and assigns, and (ciii) inure to the benefit of and be enforceable by the Guarantied Parties and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (ciii), any of the Guarantied Parties may assign or otherwise transfer any Note held by it or Guarantied Obligations Obligation owing to it to any other Person, and such other Person shall thereupon become vested with all the rights in respect thereof granted to such Guarantied Party herein or otherwise with respect to such of the Notes and Guarantied Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 11.06 10.7 of the Credit Agreement in respect of assignments.

Appears in 1 contract

Samples: Subsidiary Guaranty (Elder Beerman Stores Corp)

Continuing Guaranty; Transfer of Notes. This Subject to Section 11, this Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until payment in full of the Termination DateObligations on or following the Maturity Date and all other amounts payable under this Guaranty, (bii) be binding upon the each Guarantor, its successors and assigns, and (ciii) inure to the benefit of and be enforceable by the Guarantied Parties and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (ciii), any each of the Guarantied Parties may assign or otherwise transfer any Note held by it or Guarantied Obligations owing to it to any other Person, and such other Person shall thereupon become vested with all the rights in respect thereof granted to such Guarantied Party herein or otherwise with respect to such of the Notes and Guarantied Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 11.06 11.6 of the Credit Agreement in respect of assignments.

Appears in 1 contract

Samples: Subsidiary Guaranty (Xircom Inc)

AutoNDA by SimpleDocs

Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing guaranty and shall (a) 0.1 remain in full force and effect until payment in full of the Termination Date, (b) Obligations and all other amounts payable under this Guaranty; 0.1 be binding upon the Guarantor, its successors and assigns, ; and (c) 0.1 inure to the benefit of and be enforceable by the Guarantied Parties Bank and their its respective successors, transferees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any of the Guarantied Parties Bank may assign or otherwise transfer any Note held by it or Guarantied Obligations owing to it the Notes to any other PersonPerson in accordance with the terms and provisions set forth in the Credit Agreement, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Guarantied Party the Bank herein or otherwise with respect to such of the Notes and Guarantied Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 11.06 of the Credit Agreement in respect of assignmentsotherwise.

Appears in 1 contract

Samples: Credit Agreement (Fm Properties Inc)

Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the Termination Date, (b) be binding upon the each Guarantor, its successors and assigns, and (c) inure to the benefit of and be enforceable by the Guarantied Parties and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (c), any of the Guarantied Parties may assign or otherwise transfer any Note held by it or Guarantied Obligations owing to it to any other Person, and such other Person shall thereupon become vested with all the rights in respect thereof granted to such Guarantied Party herein or otherwise with respect to such of the Notes and Guarantied Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 11.06 of the Credit Agreement in respect of assignments.

Appears in 1 contract

Samples: Execution Version (Cogentrix Energy Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.