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

Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing -------------------------------------- guaranty and shall (i) remain in full force and effect until the Obligations, the Expenses and all other amounts payable under this Guaranty shall have been paid in full and the period during which any payment Borrower or Guarantors is or may be subject to avoidance or refund under the United States Bankruptcy Code (or any similar statute) shall have expired, (ii) be binding upon each Guarantor, successors and assigns of each Guarantor, and (iii) inure to the benefit of, and be enforceable by the Lenders and Agent and their respective successors, transferees and assigns in accordance with Paragraph 9.2 of the Credit Agreement. Without limiting the generality of the foregoing clause (iii), the Lenders may endorse, assign or otherwise transfer the Obligations to any other person or entity in accordance with the provisions of the Credit Agreement, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to the Lenders herein or otherwise.

Appears in 1 contract

Samples: Guaranty Agreement (Merkert American Corp)

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Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing -------------------------------------- guaranty and shall (i) remain in full force and effect until the Obligations, the Expenses and any and all other amounts payable under this Guaranty shall have been paid in full and the period during which any payment made by Borrower or Guarantors any Guarantor is or may be subject to avoidance or refund under the United States Bankruptcy Code (or any similar statute) shall have expired, (ii) be binding upon each Guarantor, Guarantor and their respective successors and assigns of each Guarantorassigns, and (iii) inure to the benefit of, and be enforceable by the Lenders and Agent and their respective successors, transferees and assigns in accordance with Paragraph 9.2 of the Credit Agreement. Without limiting the generality of the foregoing clause (iii)) above, the Lenders may endorse, assign or otherwise transfer the Obligations to any other person or entity in accordance with the provisions of the Credit Agreement, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to the Lenders herein or otherwise.

Appears in 1 contract

Samples: Guaranty Agreement (Marketing Specialists Corp)

Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing -------------------------------------- guaranty and shall (i) remain in full force and effect until termination of the Obligationsobligations of the Financing Lenders to make the Loans, and payment in full thereafter of the Expenses Guaranteed Obligations and all other amounts payable under this Guaranty shall have been paid in full and the period during which any payment Borrower or Guarantors is or may be subject to avoidance or refund under the United States Bankruptcy Code (or any similar statute) shall have expiredGuaranty, (ii) be binding upon each Guarantor, Guarantors and its successors and assigns of each Guarantorassigns, and (iii) inure to the benefit of, of and be enforceable by the Lenders and Agent Guaranteed Parties and their respective successors, transferees and assigns in accordance with Paragraph 9.2 of the Credit Agreementassigns. Without limiting the generality of the foregoing clause (iii), any of the Lenders Guaranteed ------------ Parties may endorse, assign or otherwise transfer the Obligations any note held by it or Obligation owing to it to any other person or entity in accordance with the provisions of the Credit AgreementPerson, and such other person or entity Person shall thereupon become vested with all the rights in respect thereof granted to the Lenders such Guaranteed Party herein or otherwiseotherwise with respect to such of the notes and Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 12.1 of the Participation Agreement in respect of assignments.

Appears in 1 contract

Samples: Loan Agreement (Mail Well Inc)

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Continuing Guaranty; Transfer of Notes. This Guaranty is a -------------------------------------- continuing -------------------------------------- guaranty and shall (i) remain in full force and effect until the Obligations, the Expenses and all other amounts payable under this Guaranty shall have been paid in full and the period during which any payment Borrower or Guarantors is or may be subject to avoidance or refund under the United States Bankruptcy Code (or any similar statute) shall have expired, (ii) be binding upon each GuarantorGuarantor and the personal representatives, heirs, successors and assigns of each Guarantor, and (iii) inure to the benefit of, and be enforceable by the Lenders and Agent and their respective successors, transferees and assigns in accordance with Paragraph 9.2 of the Credit Agreementassigns. Without limiting the generality of the foregoing clause (iii), the Lenders may endorse, assign or otherwise transfer the Obligations to any other person or entity in accordance with the provisions of the Credit Agreement, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to the Lenders herein or otherwise.

Appears in 1 contract

Samples: Guaranty Agreement (Merkert American Corp)

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