Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assigns.
Appears in 18 contracts
Samples: Senior Unsecured Sustainability Linked Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement, Senior Unsecured Revolving Credit Agreement (Teva Pharmaceutical Industries LTD)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorPMI, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Administrative Lenders, the Facility Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 14 contracts
Samples: Credit Agreement (Philip Morris International Inc.), Credit Agreement (Philip Morris International Inc.), Credit Agreement (Philip Morris International Inc.)
Continuing Guaranty. This Guarantor agrees that this Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment and performance in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsObligations.
Appears in 11 contracts
Samples: Construction Credit Agreement (Capital Automotive Reit), Guaranty (Polaris Aircraft Income Fund Iv), Guaranty (Polaris Aircraft Income Fund Iv)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) applies to all Obligations whenever arising. This Guaranty is irrevocable and will remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon hereunder and the Guarantor, its successors and assigns and (c) inure termination of all of the agreements relating to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsObligations.
Appears in 9 contracts
Samples: Term Loan Agreement (Cosan Ltd.), Guaranty (Pacific Drilling S.A.), Credit Agreement (Corning Inc /Ny)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorAltria, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, JPMCB, as Administrative Agent and the Lenders Agent, and their respective successors, transferees and assigns.
Appears in 8 contracts
Samples: Credit Agreement (Altria Group, Inc.), 5 Year Revolving Credit Agreement (Altria Group, Inc.), Credit Agreement (Altria Group, Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination and shall (a) continue in effect and be binding upon each Guarantor until termination of the Commitments and payment and performance in full of all Guaranteed Obligations, including Guaranteed Obligations which may exist continuously or which may arise from time to time under successive transactions, and each Guarantor expressly acknowledges that this Guaranty shall remain in full force and effect until the payment notwithstanding that there may be periods in full in cash of the which no Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsexist.
Appears in 8 contracts
Samples: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.), Senior Secured Credit Agreement (BMC Stock Holdings, Inc.), Credit Agreement (Building Materials Holding Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of (a) the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, Guaranty and (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsMaturity Date.
Appears in 8 contracts
Samples: Credit Agreement (Panhandle Eastern Pipe Line Co Lp), Credit Agreement (Southern Union Co), Credit Agreement (Southern Union Co)
Continuing Guaranty. This Guaranty is a continuing guaranty one and shall (ai) remain in full force and effect until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (bii) be binding upon the Guarantor, its successors and assigns assigns, and (ciii) inure to the benefit of of, and be enforceable by by, the Administrative Agent and the Lenders and their its successors, transferees and assigns. All obligations to which this Guaranty applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon.
Appears in 7 contracts
Samples: Guaranty (Interdent Inc), Guaranty (SLM International Inc /De), Guaranty (Andover Togs Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination relating to any Guaranteed Obligations, including Guaranteed Obligations which may exist continuously or which may arise from time to time under successive transactions, and the Guarantor expressly acknowledges that this Guaranty shall (a) remain in full force and effect until the payment notwithstanding that there may be periods in full in cash of the which no Guaranteed Obligations exist. This Guaranty shall continue in effect and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors Guarantor until termination of the Commitments and assigns payment and (c) inure to performance in full of the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsGuaranteed Obligations.
Appears in 7 contracts
Samples: Term Loan Agreement (Jacobs Solutions Inc.), Credit Agreement (Jacobs Engineering Group Inc /De/), Company Guaranty (Verisign Inc/Ca)
Continuing Guaranty. This Guaranty is a continuing guaranty absolute and unconditional and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure until all the Obligations have been satisfied in full. If any of the present or future Obligations are guaranteed by persons, partnerships or corporations in addition to the benefit Guarantor, the death, release or discharge, in whole or in part, or the bankruptcy, liquidation or dissolution of and be enforceable by one or more of them shall not discharge or affect the Administrative Agent and liabilities of the Lenders and their successors, transferees and assignsGuarantor under this Guaranty.
Appears in 6 contracts
Samples: Call Option Transaction (Imax Corp), Base Call Option Transaction (Imax Corp), Guaranty (Summer Energy Holdings Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination relating to any Guaranteed Obligations, including Guaranteed Obligations which may exist continuously or which may arise from time to time under successive transactions, and the Guarantors expressly acknowledge that this Guaranty shall (a) remain in full force and effect until the payment notwithstanding that there may be periods in full in cash of the which no Guaranteed Obligations exist. This Guaranty shall continue in effect and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors Guarantors until termination of the Commitments and assigns payment and (c) inure to performance in full of the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsGuaranteed Obligations.
Appears in 6 contracts
Samples: Credit Agreement (Aquaventure Holdings LLC), Credit Agreement (Imation Corp), Credit Agreement (Catellus Development Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the payment in full in cash all of the Guaranteed Obligations and all (other amounts payable under this Guaranty, than contingent indemnification obligations for which no claim has been made) shall have been paid in full (bii) be binding upon the each Guarantor, its successors and assigns and (ciii) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders Beneficiaries and their successors, transferees and assigns. Each Guarantor hereby irrevocably waives any right to revoke this Guaranty as to future transactions giving rise to any Guaranteed Obligations.
Appears in 6 contracts
Samples: Note and Warrant Purchase Agreement (Gores Metropoulos II, Inc.), Note Purchase Agreement (Redaptive, Inc.), Convertible Note Purchase Agreement (Redaptive, Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of (i) the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyGuaranty and (ii) the termination in whole of the Commitments, (b) be binding upon the GuarantorGuarantors, its their successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the other Lenders and their successors, transferees and assigns.
Appears in 6 contracts
Samples: Credit Agreement (Trinity Place Holdings Inc.), Stock Purchase Agreement (Trinity Place Holdings Inc.), Credit Agreement (Trinity Place Holdings Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the cash payment in full in cash of the Guaranteed Designated Subsidiary Obligations (including any and all Designated Subsidiary Obligations which remain outstanding after the Maturity Date) and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, each of Mondelēz International and its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, the Administrative Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (bii) be binding upon the Guarantor, its successors and assigns assigns, and (ciii) inure to the benefit of of, and be enforceable by the Administrative Agent by, Guaranteed Party and the Lenders and their its successors, transferees and assigns.
Appears in 5 contracts
Samples: Power Purchase Agreement (Aes Ironwood LLC), Fuel Conversion Services, Capacity and Ancillary Services Purchase Agreement (Aes Red Oak LLC), Power Purchase Agreement (Aes Ironwood LLC)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorAltria, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, JPMorgan Chase, as Administrative Agent and the Lenders Agent, and their respective successors, transferees and assigns.
Appears in 5 contracts
Samples: 364 Day Revolving Credit Agreement (Altria Group Inc), 364 Day Revolving Credit Agreement (Altria Group, Inc.), 364 Day Revolving Credit Agreement (Altria Group Inc)
Continuing Guaranty. This The Guaranty is a continuing guaranty and and, except as otherwise provided herein, shall (a) remain in full force and effect until the payment in full in cash satisfaction of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (b) be binding upon the Guarantor, its successors and assigns Guarantor and (c) inure enure to the benefit of and be enforceable by the Administrative Agent and Trustee, the Lenders Holders and their successors, transferees and assigns.
Appears in 4 contracts
Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Continuing Guaranty. This Subject to the terms, conditions and limitations hereof, this Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon Guarantor until the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsObligations have been satisfied in full.
Appears in 4 contracts
Samples: Guaranty (Attis Industries Inc.), Guaranty, Asset Purchase Agreement (Elecsys Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a1) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations obligations of the Note and all other amounts payable under this Guaranty, (b2) be binding upon the GuarantorGuarantors, its and each of them, their respective successors and assigns respective assigns, and (c3) inure to the benefit of and be enforceable by the Administrative Agent Lender and the Lenders and their its successors, transferees and assigns.
Appears in 4 contracts
Samples: Share Exchange Agreement (Raadr, Inc.), Share Exchange Agreement (Raadr, Inc.), Redemption Agreement (Raadr, Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty one and shall (ai) remain in full force and effect until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (bii) be binding upon the Guarantor, its successors and assigns assigns, and (ciii) inure to the benefit of of, and be enforceable by by, the Administrative Agent Collateral Trustee and the Lenders and their its successors, transferees and assigns. All obligations to which this Guaranty applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon.
Appears in 3 contracts
Samples: Guaranty (Andover Togs Inc), Guaranty (Andover Togs Inc), Guaranty (Andover Togs Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty absolute and unconditional and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, Guarantor and its successors and assigns and (c) shall inure to the benefit of of, and be enforceable by the Administrative Agent and the Lenders Sellers and their successorsrespective successors and assigns on behalf of themselves and their Affiliates, transferees until all of the Primary Obligors’ obligations under the SPA and assignsall other Transaction Documents have been indefeasibly paid and satisfied in full.
Appears in 3 contracts
Samples: Guaranty (Fintech Telecom, LLC), Guaranty (Telecom Italia S P A), Guaranty (Telecom Italia S P A)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations (including any and all Obligations which remain outstanding after the Termination Date) and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorMondelēz, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, the Administrative Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 3 contracts
Samples: Five Year Revolving Credit Agreement (Mondelez International, Inc.), Revolving Credit Agreement (Mondelez International, Inc.), Revolving Credit Agreement (Mondelez International, Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until notwithstanding the payment in full in cash of fact that, at any particular time, no Guaranteed Obligations may be outstanding. This Guaranty includes Guaranteed Obligations arising under successive transactions continuing, compromising, extending, increasing, modifying, releasing, or renewing the Guaranteed Obligations, changing the interest rate, payment terms, or other terms and conditions thereof, or creating new or additional Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsafter prior Guaranteed Obligations have been satisfied in whole or in part.
Appears in 3 contracts
Samples: Continuing Guaranty (New Athletics, Inc.), Continuing Guaranty (Spansion Inc.), Continuing Guaranty (3com Corp)
Continuing Guaranty. This Guaranty is shall in all respects be a continuing guaranty continuing, absolute and unconditional guaranty, and shall (a) remain in full force and effect until effect, subject to discontinuance as to Guarantor only upon actual receipt by the Lender of the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent Liabilities and the Lenders and their successorstermination of the Credit Agreement (the date of such receipt, transferees and assignsthe “Termination Date”).
Appears in 3 contracts
Samples: Guaranty Agreement (Adcare Health Systems, Inc), Guaranty Agreement (Adcare Health Systems, Inc), Guaranty Agreement (Adcare Health Systems Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations (including any and all Obligations which remain outstanding after the Maturity Date) and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorMondelēz, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, the Administrative Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 3 contracts
Samples: 364 Day Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorKraft, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, JPMorgan Chase, as Administrative Agent and the Lenders Agent, and their respective successors, transferees and assigns.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Kraft Foods Inc), 364 Day Revolving Credit Agreement (Kraft Foods Inc), 364 Day Revolving Credit Agreement (Kraft Foods Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty of the Guaranteed Obligations, and this Guaranty shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, Guarantor and its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and so long as the Lenders have an obligation to make Loans under the Loan Agreement and their successors, transferees and assignsuntil the Release Date.
Appears in 3 contracts
Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination relating to any Guaranteed Obligations, including Guaranteed Obligations which may exist continuously or which may arise from time to time under successive transactions, and the Guarantor expressly acknowledges that this Guaranty shall (a) remain in full force and effect until the payment notwithstanding that there may be periods in full in cash of the which no Guaranteed Obligations exist. This Guaranty shall continue in effect and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors Guarantor until termination of any Commitments and assigns payment and (c) inure to performance in full of the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsGuaranteed Obligations.
Appears in 3 contracts
Samples: Guaranty, Guaranty (Invisa Inc), Guaranty (Invisa Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash all of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsshall have been paid in full.
Appears in 3 contracts
Samples: Guaranty Agreement (Intrawest Resorts Holdings, Inc.), Guaranty (Uici), Guaranty (Industrial Data Systems Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, Buyer Parent and its respective successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Administrative Agent Seller and the Lenders and their its respective successors, transferees and assigns.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Atlas Resource Partners, L.P.)
Continuing Guaranty. This Guaranty is a continuing guaranty one and shall (a) remain in full force and effect until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (b) be binding upon the Guarantor, its successors and assigns assigns, and (c) inure to the benefit of of, and be enforceable by by, the Administrative Agent and the Lenders and their successors, transferees and assignsLenders. All obligations to which this Guaranty applies shall be conclusively presumed to have been created in reliance hereon.
Appears in 3 contracts
Samples: Guaranty (Winthrop Realty Trust), Guaranty (Newkirk Master Lp), Guaranty (Winthrop Realty Trust)
Continuing Guaranty. This Guaranty is a continuing guaranty and ------------------- agreement of subordination and shall (a) continue in effect and be binding upon each Guarantor until termination of the Commitments and payment and performance in full of all Guaranteed Obligations, including Guaranteed Obligations which may exist continuously or which may arise from time to time under successive transactions, and each Guarantor expressly acknowledges that this Guaranty shall remain in full force and effect until the payment notwithstanding that there may be periods in full in cash of the which no Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsexist.
Appears in 2 contracts
Samples: Revolving Multicurrency Credit Agreement (Johns Manville International Group Inc), Revolving Multicurrency Credit Agreement (Johns Manville Corp /New/)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyGuaranty and the date the Loan Documents shall have terminated in accordance with their own terms, (b) be binding upon the each Guarantor, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders any Lender and their its successors, transferees and assigns.
Appears in 2 contracts
Samples: Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination and shall (a) remain continue in full force effect and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors Guarantor until payment and assigns and (c) inure to performance in full of the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsSubject Obligations.
Appears in 2 contracts
Samples: Floating Rate Guaranteed Credit Facility (Lsi Logic Corp), Credit Facility Agreement (Lsi Logic Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations (including any and all Obligations which remain outstanding after the Termination Date) and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorKraft Foods, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, the Administrative Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Kraft Foods Inc), Revolving Credit Agreement (Kraft Foods Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment terminated in full in cash of the Guaranteed Obligations and all other amounts payable under this Guarantyaccordance with Section 15, (b) be binding upon the Guarantor, and its permitted successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Administrative Agent and each Agent, the Lenders and their permitted successors, transferees transferees, and assignsassigns who shall be permitted to, and who shall, become an assignee of any Agent's or any Lender's interest under the Agreement.
Appears in 2 contracts
Samples: Guaranty (Richardson Electronics LTD/De), Guaranty (Richardson Electronics LTD/De)
Continuing Guaranty. This Guaranty is a continuing guaranty agreement of each Guarantor and shall shall: (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the such Guarantor, its successors and assigns and (cb) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assigns.
Appears in 2 contracts
Samples: Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty one and shall (ai) remain in full force and effect until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (bii) be binding upon the Guarantor, its successors and assigns assigns, and (ciii) inure to the benefit of of, and be enforceable by by, the Administrative Agent and the Lenders and their successors, transferees and assignsLenders. All obligations to which this Guaranty applies shall be conclusively presumed to have been created in reliance hereon.
Appears in 2 contracts
Samples: Guaranty (First Union Real Estate Equity & Mortgage Investments), Guaranty (Newkirk Master Lp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the earlier of (i) complete and indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations and all other amounts payable under or (ii) the release of this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable Guaranty by the Administrative Agent and Beneficiary as provided in the Lenders and their successors, transferees and assignsIndenture.
Appears in 2 contracts
Samples: Guaranty (Hayes Lemmerz International Technical Center Inc), Guaranty (Hayes Lemmerz International Technical Center Inc)
Continuing Guaranty. This Guarantor agrees that this Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment and performance in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsDebt Obligations.
Appears in 2 contracts
Samples: Guaranty (Boeing Capital Corp), Guaranty (Boeing Capital Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and ------------------- agreement of subordination and shall (a) remain continue in full force effect and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors Guarantor until termination of the Commitments and assigns payment and (c) inure to performance in full of the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsGuaranteed Obligations.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Micron Technology Inc), Revolving Credit Agreement (Micron Technology Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and and, except as otherwise provided herein, shall (a) remain in full force and effect until the payment in full in cash satisfaction of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (b) be binding upon the Guarantor, its successors and assigns Guarantor and (c) inure enure to the benefit of and be enforceable by the Administrative Agent and Trustee, the Lenders Holders and their successors, transferees and assigns.
Appears in 2 contracts
Samples: Guaranty (UDR, Inc.), Guaranty (UDR, Inc.)
Continuing Guaranty. This Guaranty guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsObligations.
Appears in 2 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of (i) the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyGuaranty and (ii) the Maturity Date, (b) be binding upon the GuarantorGuarantors, its their successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders other Secured Parties and their successors, transferees and assigns.
Appears in 2 contracts
Samples: Term Loan Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.)
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination and shall (a) remain continue in effect and be binding upon Guarantor until termination of the commitment of the Bank to loan money under the Credit Agreement and payment and performance in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsObligations.
Appears in 2 contracts
Samples: Credit Agreement (Stancorp Financial Group Inc), Credit Agreement (Stancorp Financial Group Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty relating to any Guaranteed Obligations, including Guaranteed Obligations which may exist continuously or which may arise from time to time under successive transactions, and the Guarantors expressly acknowledge that this Guaranty shall (a) remain in full force and effect until the payment notwithstanding that there may be periods in full in cash of the which no Guaranteed Obligations exist. This Guaranty shall continue in effect and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors Guarantors until termination of the Commitment and assigns payment and (c) inure to performance in full of the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsGuaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty, Guaranty (Jacobs Engineering Group Inc /De/)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the irrevocable payment in full in cash by the Guarantor of the Guaranteed Obligations and all or the irrevocable payment in full of the Norwest Debt other amounts payable than by payment by the Creditor under this the Creditor Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of of, and be enforceable by by, the Administrative Agent Creditor and the Lenders and their its respective successors, transferees transferees, and assigns.
Appears in 2 contracts
Samples: Guaranty (Life Usa Holding Inc /Mn/), Guaranty (Life Usa Holding Inc /Mn/)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect effective until the payment in full in cash of the Guaranteed Obligations have been fully paid, performed and all other amounts payable under this Guaranty, (b) be binding upon the discharged as provided in Section 10 and Creditor has given written notice of that fact to Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assigns.
Appears in 2 contracts
Samples: Guaranty (Capital City Energy Group, Inc.), Secured Guaranty (Searchhelp Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations (including any and all Obligations which remain outstanding after the Termination Date) and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, each of Kraft Foods and its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, the Administrative Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (Kraft Foods Group, Inc.), 364 Day Revolving Credit Agreement (Kraft Foods Inc)
Continuing Guaranty. This Limited Guaranty is a an irrevocable and continuing guaranty of payment and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent Buyer and the Lenders and their its successors, transferees and assigns, subject to the terms set forth herein.
Appears in 2 contracts
Samples: Limited Guaranty (A. H. Belo Corp), Limited Guaranty (A. H. Belo Corp)
Continuing Guaranty. This Guaranty guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the later of (A) the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns guaranty and (cB) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assigns.expiration or termination
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Fina Inc), 364 Day Credit Agreement (Fina Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination and shall (a) remain continue in full force effect and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors Guarantor until the payment and assigns and (c) inure to the benefit performance in full of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsall Guaranteed Obligations.
Appears in 2 contracts
Samples: Subsidiary Guaranty (Arbitron Inc), Credit Agreement (Arbitron Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty one and shall (a) remain in full force and effect until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (b) be binding upon the each Guarantor, its successors and assigns assigns, and (c) inure to the benefit of of, and be enforceable by by, the Administrative Agent and the Lenders and their successors, transferees and assignsLenders. All obligations to which this Guaranty applies shall be conclusively presumed to have been created in reliance hereon.
Appears in 2 contracts
Samples: Credit Agreement (Lexington Realty Trust), Credit Agreement (Lexington Master Limited Partnership)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) ------------------- remain in full force and effect until the payment in full in cash all of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsshall have been paid in full.
Appears in 2 contracts
Samples: Guaranty (Polyphase Corp), Guaranty (Polyphase Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorPMI, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, the Administrative Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 2 contracts
Samples: Credit Agreement (Philip Morris International Inc.), Credit Agreement (Philip Morris International Inc.)
Continuing Guaranty. This Limited Guaranty is a an irrevocable and continuing guaranty of payment and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent Buyer and the Lenders and their its successors, transferees and assigns., subject to the terms set forth herein. 2
Appears in 1 contract
Samples: Limited Guaranty
Continuing Guaranty. This Guaranty is shall be construed as a continuing continuing, absolute, irrevocable and unconditional guaranty of payment and performance when due, and not of collection only, and the obligations of Guarantor hereunder shall (a) remain not be conditioned or contingent upon the pursuit by Purchaser at any time of any right or remedy against Seller or against any other person or entity which may be or become liable in full force and effect until the payment in full in cash respect of all or any part of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsor against any collateral security or guaranty therefor.
Appears in 1 contract
Samples: Guaranty (New Valley Corp)
Continuing Guaranty. This Guarantors agree that this Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment and performance in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsObligations.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination and shall (a) remain continue in full force effect and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors Guarantor until termination of the Commitments and assigns payment and (c) inure to performance in full of the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsGuaranteed Obligations.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment Payment in full in cash Full of all of the Guaranteed Obligations and all (other amounts payable than contingent obligations under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure general indemnification provisions as to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assigns.which no claim is
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Foresight Energy LP)
Continuing Guaranty. This Guaranty is a continuing ------------------- guaranty and shall (ai) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyTermination Date, (bii) be binding upon the Guarantor, Guarantor and its respective successors and assigns permitted assigns, and (ciii) inure inure, together with the rights and remedies of the Lender hereunder, to the benefit of Lender and be enforceable by the Administrative Agent and the Lenders and their its respective successors, transferees and assigns.
Appears in 1 contract
Samples: Promissory Note (50 Off Stores Inc)
Continuing Guaranty. This The Guarantor agrees that this Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the all Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsexcept as set forth in Section 2.4.
Appears in 1 contract
Samples: Note and Collateral Agency Agreement (Cornerstone Properties Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the payment in full in cash all of the Guaranteed Obligations and all (other amounts payable under this Guaranty, than contingent indemnification obligations for which no claim has been made) shall have been paid in full (bii) be binding upon the each Guarantor, its successors and assigns and (ciii) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders Beneficiaries and their successors, transferees and assigns.. Each Guarantor hereby irrevocably -35-
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Sonder Holdings Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorPM Companies, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, Chase, as Administrative Agent and the Lenders Agent, and their respective successors, transferees and assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations (including any and all Obligations which remain outstanding after the applicable Maturity Date) and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorMondelēz International, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, the Administrative Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing continuing, irrevocable guaranty and shall shall: (ai) remain in full force and effect until the payment and performance in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, ; (bii) be binding upon the Guarantor, its successors successors, transferees and assigns assigns; and (ciii) inure to the benefit of and be enforceable by the Administrative Agent Company and the Lenders and their its successors, transferees and assigns.
Appears in 1 contract
Samples: Guaranty (Excelsior Henderson Motorcycle Manufacturing Co)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorBuyer Parent and Seller Parent, its as applicable, and their respective successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Administrative Agent Seller, with respect to Buyer Parent’s Obligations, and the Lenders Buyer, with respect to Seller Parent’s Obligations, and their respective successors, transferees and assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and ------------------- shall (ai) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, Guaranty and satisfaction of the Note; (bii) be binding upon the GuarantorGuarantor and his heirs, its successors and assigns assigns, and (ciii) inure to the benefit of and be enforceable by the Administrative Agent Seller and the Lenders and their its successors, transferees and assigns. In the event that Seller assigns the Note and this Guarantee, the Seller will promptly notify the Guarantor of such assignment.
Appears in 1 contract
Samples: Guaranty Agreement (American Leisure Holdings, Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (bii) be binding upon the Guarantor, its successors and assigns assigns, and (ciii) inure to the benefit of and be enforceable by the Administrative Agent Guaranteed Party and the Lenders and their its successors, transferees and assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is shall in all respects be a continuing guaranty continuing, absolute and unconditional guaranty, and shall (a) remain in full force and effect until (notwithstanding, without limitation, the bankruptcy, reorganization, dissolution or insolvency of Debtor or the Guarantor), subject to discontinuance as to the Guarantor only upon actual receipt by the Lender of the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsLiabilities.
Appears in 1 contract
Samples: Loan and Security Agreement (Safe & Green Holdings Corp.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorAltria, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, JPMCB, as Administrative Agent and the Lenders Agent, and their respective successors, transferees and assigns.. ARTICLE IX MISCELLANEOUS Section
Appears in 1 contract
Samples: Credit Agreement
Continuing Guaranty. This Guaranty is a continuing guaranty guaranty, is joint and several with any other guarantee given in respect of the Guaranteed Obligations, and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) hereunder and shall be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and permitted assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and shall shall: (ai) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyGuaranty (but shall be subject to reinstatement in the circumstances described in the last sentence of Section 2 hereof), (bii) be binding upon the GuarantorGuarantors and their respective personal representatives, its successors heirs and assigns assigns, and (ciii) inure to the benefit of and be enforceable by the Administrative Agent Lender and the Lenders and their its successors, transferees and assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorKraft, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, Chase, as Administrative Agent and the Lenders Agent, and their respective successors, transferees and assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty of all existing and future obligations and liabilities of the Lessee to the Beneficiary and shall (a) remain in full force and effect until irrespective of any interruption in the payment in full in cash business relations of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon Lessee with the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsBeneficiary.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a and shall be construed to be an absolute, unlimited, and continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of payment, regardless of the Guaranteed Obligations present or future composition of the Borrower, and all other amounts payable of the Borrower’s Liabilities to which this Guaranty applies, or may apply under this Guarantythe terms hereof, (b) shall be binding upon the Guarantor, its successors and assigns and (c) inure conclusively presumed to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignshave been created in reliance hereon.
Appears in 1 contract
Continuing Guaranty. This The Guarantor agrees that this Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the all Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsexcept as set forth in Section 2.2.
Appears in 1 contract
Samples: Note and Collateral Agency Agreement (Cornerstone Properties Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and ------------------- shall (ai) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, Guaranty and satisfaction of the Note; (bii) be binding upon the GuarantorGuarantor and his heirs, its successors and assigns assigns, and (ciii) inure to the benefit of and be enforceable by the Administrative Agent Lender and the Lenders and their its successors, transferees and assigns. In the event that Lender assigns the Note and this Guarantee, the Lender will promptly notify the Guarantor of such assignment.
Appears in 1 contract
Samples: Guaranty Agreement (American Leisure Holdings, Inc.)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall shall:
(a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (bi) be binding upon the Guarantor, its successors and assigns and assigns, (cii) inure to the benefit of and be enforceable by the Administrative Agent Issuer and the Lenders and their its successors, transferees and assignsassigns which shall be limited to a successor governmental entity of the Issuer or the Trustee and (iii) remain in full force and effect until payment in full of the Obligations and all other amounts payable under this Guaranty.
Appears in 1 contract
Samples: Guaranty Agreement
Continuing Guaranty. This Guaranty is a continuing guaranty one and shall (ai) remain in full force and effect until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (bii) be binding upon the each Guarantor, its successors and assigns assigns, and (ciii) inure to the benefit of of, and be enforceable by by, the Administrative Agent Lender and the Lenders and their its successors, transferees and assigns. All obligations to which this Guaranty applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon.
Appears in 1 contract
Samples: Guaranty (Nexthealth Inc)
Continuing Guaranty. This Guaranty is shall be a continuing guaranty and shall (a) remain in full force and effect until the payment Obligations have been finally paid in full in cash cash. Guarantor or any other guarantor of all or any part of the Guaranteed Obligations and all may be released without affecting the liability of any other amounts payable under this Guaranty, (b) be binding upon guarantor of the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsObligations.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and agreement of subordination and shall continue in effect and be binding upon Guarantor until (ai) remain termination of Lender’s commitments to make Loans to Borrower under the Credit Agreement, (ii) termination of Lender’s obligation to perform under the Supply Agreement, and (iii) the indefeasible payment and performance in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsObligations.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty absolute, unconditional, and -------------------- irrevocable and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure assigns, until all of the Obligations have been satisfied in full. If any of the present or future Obligations are guarantied by individuals or entities in addition to Guarantor, the benefit death, release, or discharge, in whole or in part, or the bankruptcy, liquidation, termination, or dissolution of and be enforceable by one or more of them shall not discharge or affect the Administrative Agent and the Lenders and their successors, transferees and assignsliabilities of Guarantor under this Guaranty.
Appears in 1 contract
Samples: Convertible Debenture Agreement (Correctional Services Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorPM Companies, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, Citibank, as Administrative Agent and the Lenders Agent, and their respective successors, transferees and assigns.
Appears in 1 contract
Samples: Revolving Credit Agreement (Philip Morris Companies Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (ai) become effective immediately and remain in full force and effect until the complete payment in full in cash and performance of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (bii) be binding upon the Guarantor, Guarantor and its respective successors and assigns assigns, and (ciii) inure to the benefit of and be enforceable by the Administrative Agent Anadarko and the Lenders and their its respective successors, transferees transferees, and assigns; provided, however, that the obligations of Guarantor hereunder may not be assigned, transferred, or delegated unless Guarantor remains liable hereunder.
Appears in 1 contract
Samples: Guaranty (Exco Resources Inc)
Continuing Guaranty. This Guaranty is shall in all respects be a continuing guaranty continuing, absolute and unconditional guaranty, and shall (a) remain in full force and effect until effect, subject to discontinuance as to Guarantor only upon actual receipt by Lender of the indefeasible payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsLiabilities.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and payment in full of all other amounts payable due under this Guaranty, (bii) be binding upon the Guarantor, its successors and assigns or assigns, as the case may be, and (ciii) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their its respective successors, transferees and assigns, provided, however, that the Guarantor may not transfer its obligations under this Guaranty or any part of it without the prior written consent of the Agent.
Appears in 1 contract
Samples: Guaranty (Horizon Offshore Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, Guaranty and the performance by the Purchaser of all its obligations under the Purchase Agreement and (b) not be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable assignable by the Administrative Agent and the Lenders and their successors, transferees and assignsGuarantor or BE Aerospace.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty one and shall (a) remain in full force and effect until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations and all other amounts payable under this Guarantythere are no Commitments or Letters of Credit outstanding, (b) be binding upon the each Guarantor, its successors and assigns assigns, and (c) inure to the benefit of of, and be enforceable by by, the Administrative Agent and the Lenders and their successors, transferees and assignsLenders. All obligations to which this Guaranty applies shall be conclusively presumed to have been created in reliance hereon.
Appears in 1 contract
Continuing Guaranty. This Guaranty is and is intended to be a continuing guaranty of payment and shall (a) remain in full force and effect until the payment in full in cash not of collection of the Guaranteed Obligations and all other amounts payable under this GuarantyIndebtedness (irrespective of the aggregate amount thereof), (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit independent of and be enforceable in addition to any other guaranty, endorsement, collateral or other agreement held by the Administrative Agent and the Lenders and their successorsLender therefor or with respect thereto, transferees and assignswhether or not furnished by Guarantors.
Appears in 1 contract
Samples: Continuing Guaranty Agreement (Klaussner Furniture Industries Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations (including any and all Obligations which remain outstanding after the Maturity Date) and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorKraft, its successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Lenders, the Administrative Agent and the Lenders and their respective successors, transferees and assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and payment in full of all other amounts payable due under this Guaranty, (bii) be binding upon the Guarantor, its successors and assigns or assigns, as the case may be, and (ciii) inure to the benefit of and be enforceable by the Administrative Agent Lender and the Lenders and their its respective successors, transferees and assigns, provided, however, that the Guarantor may not transfer this Guaranty or any part of it without the prior written consent of the Lender.
Appears in 1 contract
Samples: Guaranty (Patterson Energy Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the payment in full in cash (after the Termination Date) of the Guaranteed Obligations and all other amounts payable under this Guaranty, (bii) be binding upon the Guarantor, its successors and assigns assigns, and (ciii) inure to the benefit of and be enforceable by the Administrative Agent and Lenders, the Lenders Agents and their respective successors, transferees and assigns.
Appears in 1 contract
Samples: Loan and Guaranty Agreement (Philip Morris Companies Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the GuarantorGuarantors, its their successors and assigns assigns, and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders Purchasers and their successors, transferees and assigns.
Appears in 1 contract
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, Guaranty and the performance by the Purchaser of all its obligations under the Purchase Agreement and (b) not be binding upon assignable by the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by Seller or the Administrative Agent and the Lenders and their successors, transferees and assignsFormer Interest Holders.
Appears in 1 contract
Samples: Guaranty (Be Aerospace Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the final payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, subject to reinstatement in accordance with Section 2.4 hereof, (b) be binding upon the Guarantor, its successors and assigns permitted assigns, and (c) inure to the benefit of and be enforceable by the Administrative Agent Lender for its benefit and the Lenders benefit of the Lender and their its successors, transferees and assigns.
Appears in 1 contract
Samples: Loan and Security Agreement (Ixc Communications Inc)
Continuing Guaranty. This Guaranty is shall be construed as a continuing continuing, absolute and unconditional guaranty of payment when due, and not of collection only, and the obligations of Guarantor hereunder shall (a) not be conditioned or contingent upon the pursuit by Agent or any of the other Lenders at any time of any right or remedy against Borrower or against any other Person which may be or become liable in respect of all or any part of the Obligations or against any Collateral or guaranty therefor. This Guaranty shall remain in full force and effect until all of the Obligations shall have been satisfied by payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assignsfull.
Appears in 1 contract
Samples: Guaranty (NRG Generating U S Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) -------------------- remain in full force and effect until the payment in full in cash of the Obligations or the Guaranteed Obligations and all other amounts payable under this Guaranty, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable as extended by the Administrative Agent and the Lenders and their successorsprovisions of Section 11), transferees and assignswhichever is sooner.
Appears in 1 contract
Samples: Guaranty (Las Vegas Sands Inc)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the payment in full in cash of the Guaranteed Obligations Obligations, including any and all other amounts payable under this GuarantyGuaranteed Obligations which are renewed, (b) be binding upon extended, compromised, refinanced or restructured from time to time. This Guaranty shall remain effective until the Guaranteed Obligations have been fully paid, performed and discharged as provided in Section 7 and Lender has given written notice of that fact to Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their successors, transferees and assigns.
Appears in 1 contract
Samples: Guaranty (Vitrotech Corp)
Continuing Guaranty. This Guaranty is a continuing guaranty and shall (a) become effective immediately and remain in full force and effect until the complete payment in full in cash and performance of the Guaranteed Obligations and all other amounts payable under this GuarantyObligations, (b) be binding upon the Guarantor, Guarantor and its respective successors and assigns and (c) inure to the benefit of and be enforceable by the Administrative Agent Seller and the Lenders and their its respective successors, transferees and assigns.
Appears in 1 contract
Samples: Guaranty (Penn Virginia Corp)