Common use of Continuing Nature of Guaranty Clause in Contracts

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full of the Guaranteed Obligations. Each Guarantor acknowledges that there may be future advances by Agent to the Borrower and that the number and amount of the Guaranteed Obligations are unlimited and may fluctuate from time to time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or not. (b) To the fullest extent permitted by applicable law, each Guarantor waives any right that such Guarantor may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any Guarantor shall nevertheless have any right under applicable law to terminate or revoke this Guaranty, which right cannot be waived by any Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such Guarantor, is actually received by an officer of Agent who is familiar with the Borrower’s account with Agent and this Guaranty; but any such termination or revocation shall not affect the obligation of each Guarantor or such Guarantor’s successors or assigns with respect to any of the Guaranteed Obligations owing to Agent and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent with or for the account of the Borrower. If the Lenders grant loans or other extensions of credit to or for the benefit of the Borrower or takes other action after the termination or revocation by any Guarantor but prior to Agent’s receipt of such written notice of termination or revocation, then the rights of Agent hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full of the Guaranteed Obligations have been fully paid and discharged (or, in the case of Contingent Obligations, such as those arising from any Letter of Credit, Cash Collateralized as required by the Loan Documents) and all financing commitments under the Loan Agreement or otherwise have been terminated. Each The Guarantor acknowledges that there may be future advances by Agent Guaranteed Parties, after the date hereof but before the Full Payment of the Guaranteed Obligations, to the Borrower Borrowers (although Guaranteed Parties may be under no obligation to make such advances) and that the number and amount of the Guaranteed Obligations are unlimited and may fluctuate from time to time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or not. (b) To the fullest extent permitted by applicable lawApplicable Law, each the Guarantor waives any right that such Guarantor it may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any the Guarantor shall nevertheless have any right under applicable law Applicable Law to terminate or revoke this Guaranty, which right cannot be waived by any the Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such the Guarantor, is actually received by an officer delivered pursuant to Section 14.3 of the Loan Agreement to the individual to whose attention at Agent who such notice is familiar with the Borrower’s account with Agent and this Guarantyrequired to be sent; but any such termination or revocation shall not affect the obligation of each the Guarantor or such Guarantor’s its successors or assigns with respect to any of the Guaranteed Obligations owing to Agent Guaranteed Parties and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent Guaranteed Parties with or for the account of the BorrowerBorrowers. If the Lenders grant any Guaranteed Party grants loans or other extensions of credit to or for the benefit of the any Borrower or takes other action after the termination or revocation by any the Guarantor but prior to Agent’s receipt of such written notice of termination or revocation, then the rights of Agent such Guaranteed Party hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full of the Guaranteed Obligations. Each Guarantor acknowledges that there may be future advances by Agent Lender to the Borrower (although Lender may be under no obligation to make such advances) and that the number and amount of the Guaranteed Obligations are unlimited and may fluctuate from time to time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or not. This Guaranty shall be unaffected by the death or incompetence of Guarantor and shall not be limited to the amount of Guaranteed Obligations outstanding at the time of the death or incompetence of Guarantor. (b) To the fullest extent permitted by applicable law, each Guarantor waives any right that such Guarantor may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any Guarantor shall nevertheless have any right under applicable law to terminate or revoke this Guaranty, which right cannot be waived by any Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such Guarantor, is actually received by an officer of Agent Lender who is familiar with the Borrower’s account with Agent Lender and this Guaranty; but any such termination or revocation shall not affect the obligation of each Guarantor or such Guarantor’s successors legal representatives, heirs, executors, administrators or assigns with respect to any of the Guaranteed Obligations owing to Agent Lender and existing at the time of the receipt by Agent Lender of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent Lender with or for the account of the Borrower. If the Lenders grant Lender grants loans or other extensions of credit to or for the benefit of the Borrower or takes other action after the termination or revocation by any Guarantor but prior to AgentLender’s receipt of such written notice of termination or revocation, then the rights of Agent Lender hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. (a) This Limited Guaranty is a continuing guarantee and shall continue in full force and effect until payment in full of the Guaranteed Obligations. Each Guarantor acknowledges that there may be future advances by Agent apply without regard to the Borrower and that the number and form or amount of the Guaranteed Obligations are unlimited in existence at any time with the following exceptions: (a) In the event that Guarantor ceases to function as both (i) the Chairman of the Board of Directors and may fluctuate the Chief Executive Officer of I-Sector and (ii) the majority shareholder of I-Sector ("Loss Of Control") and Textron shall have approved of such, in writing prior to the occurrence of the Loss Of Control, which approval shall not be unreasonably withheld, this Limited Guarantee shall apply only to Textron debt obligations of the Obligors that were created from time transactions between Textron and the Obligors dated prior to time hereafterthe date of Loss Of Control, and once all debt obligations that were created prior to the Loss Of Control have been fully, finally and indefeasibly repaid to Textron this Guaranty Limited Guarantee shall remain terminate without any further action by Guarantor or Textron and all obligations hereunder shall be deemed satisfied in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or nottheir entirety. (b) To In the fullest extent permitted event that Guarantor notifies Textron, in writing, that Guarantor will no longer prospectively guarantee the performance of the terms and conditions, including repayment, of monies loaned or financial accommodations provided to any one of the individual Obligors (up to and including all of the Obligors) (the "Terminated Obligor") pursuant to the Loan Agreements ("Termination Notice"), the Guarantor Liability shall be limited to financing extended by applicable lawTextron to such Terminated Obligor through the date of receipt by Textron of such Termination Notice. If Textron continues to provide financing accommodations, each Guarantor waives credit, loans or other financing services to any right Terminated Obligor after receipt of such Termination Notice, this Limited Guarantee shall apply only to Textron debt obligations of the Terminated Obligor that were created from transactions between Textron and such Guarantor may have Terminated Obligor prior to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, date of receipt by Textron of such Termination Notice and any Guarantor shall nevertheless have any right under applicable law credit extended by Textron to terminate or revoke this Guaranty, which right cannot be waived the Terminated Obligor after the date of receipt by any Guarantor, Textron of such termination or revocation Termination Notice shall not be effective until considered a written notice Guaranteed Obligation. The Guarantor and the Obligors acknowledge and agree that the delivery of such termination a Termination Notice may result, in the sole discretion of Textron, in the immediate cessation of all fundings and loans to the affected Obligor or revocation, specifically referring to this Guaranty and signed Obligors by such Guarantor, is actually received by an officer of Agent who is familiar with the Borrower’s account with Agent and this Guaranty; but any such termination or revocation shall not affect the obligation of each Guarantor or such Guarantor’s successors or assigns with respect to any of the Guaranteed Obligations owing to Agent and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent with or for the account of the Borrower. If the Lenders grant loans or other extensions of credit to or for the benefit of the Borrower or takes other action after the termination or revocation by any Guarantor but prior to Agent’s receipt of such written notice of termination or revocation, then the rights of Agent hereunder with respect thereto shall be the same as if such termination or revocation had not occurredTextron.

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full Full Payment of the Guaranteed Obligations. Each Guarantor acknowledges that there may be future advances by Agent Guaranteed Parties to the Borrower Borrowers (although Guaranteed Parties may be under no obligation to make such advances) and that the number and amount of the Guaranteed Obligations are unlimited and may fluctuate from time to time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or notnot until Full Payment of the Guaranteed Obligations. (b) To the fullest extent permitted by applicable lawApplicable Law, each Guarantor waives any right that such Guarantor may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any Guarantor shall nevertheless have any right under applicable law Applicable Law to terminate or revoke this Guaranty, which right cannot be waived by any such Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such Guarantor, is actually received by an officer of Agent who is familiar with the Borrower’s Borrowers’ account with Agent Guaranteed Parties and this Guaranty; but any such termination or revocation shall not affect the obligation of each any Guarantor or such any Guarantor’s successors or assigns with respect to any of the Guaranteed Obligations owing to Agent Guaranteed Parties and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent Guaranteed Parties with or for the account of the BorrowerBorrowers. If the Lenders grant any Guaranteed Party grants loans or other extensions of credit to or for the benefit of the any Borrower or takes other action after the termination or revocation by any Guarantor but prior to Agent’s receipt of such written notice of termination or revocation, then the rights of Agent such Guaranteed Party hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. This is a continuing Guaranty. Guarantor agrees that: (a) this Guaranty shall inure to the benefit of and may be enforced by Investor LP and any subsequent permitted assignee of Investor LP’s Partnership Interest in the Partnership with respect to the Clawback Payment and Guaranteed Parties with respect to the Indemnity Obligations, and shall be binding upon and enforceable against Guarantor, its successors, assigns and legal representatives; (b) to the extent Investor LP’s Partnership Interest is assigned by Investor LP in accordance with the terms of the Agreement, the assignee shall be entitled to the full benefit of this Guaranty; (c) this Guaranty may be enforced against either party or both parties constituting Guarantor without first resorting to, or exhausting any other remedy which Investor LP (or its successors and assigns) or the Partnership may have against Operator LP or the other party constituting Guarantor; (d) the Guaranteed Parties shall not be required to pursue or exhaust any other remedies before invoking the benefits of this Guaranty; provided, however, that any pursuit of any such remedies shall in no manner impair or diminish the rights of the Guaranteed Parties under this Guaranty; (e) this is a continuing Guaranty, and shall apply to and cover the Guaranteed Obligations, and shall remain in full force and effect until the full and indefeasible performance and payment of all Guaranteed Obligations; (f) this Guaranty shall be binding upon and enforceable against Guarantor, notwithstanding the occurrence of any assignment of Operator LP’s Partnership Interest, or any portion thereof; and (g) this Guaranty shall be enforceable against Guarantor notwithstanding: (i) any future amendment or modification of the Agreement; or (ii) the unenforceability of the Agreement. This Guaranty shall continue in full force and effect until payment in full the event of any bankruptcy of the Guaranteed ObligationsOperator LP or the assignment or termination of the Agreement in any bankruptcy. Each In that regard, Guarantor acknowledges that there may shall be future advances by Agent liable to the Borrower and that Guaranteed Parties to the number and amount same extent as if no bankruptcy of the Guaranteed Obligations are unlimited and may fluctuate from time to time hereafter, and Operator LP had occurred. Notwithstanding anything in this Guaranty or the Agreement that may appear to be to the contrary, Guarantor shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time have no right to time delegate or not. (b) To the fullest extent permitted by applicable law, each Guarantor waives any right that such Guarantor may have to terminate otherwise transfer its duties or revoke obligations under this Guaranty. If, notwithstanding the foregoing waiver, any Guarantor shall nevertheless have any right under applicable law to terminate or revoke this Guaranty, which right cannot be waived by any Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such Guarantor, is actually received by an officer of Agent who is familiar with the Borrower’s account with Agent and this Guaranty; but any such termination or revocation shall not affect the obligation of each Guarantor or such Guarantor’s successors or assigns with respect to any of the Guaranteed Obligations owing to Agent and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent with or for the account of the Borrower. If the Lenders grant loans or other extensions of credit to or for the benefit of the Borrower or takes other action after the termination or revocation by any Guarantor but prior to Agent’s receipt of such written notice of termination or revocation, then the rights of Agent hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full Full Payment of the Guaranteed Obligations. Each Guarantor acknowledges that there may be future advances by Agent Guaranteed Parties to the Borrower Borrowers (although Guaranteed Parties may be under no obligation to make such advances) and that the number and amount of the Guaranteed Obligations are may be unlimited and may fluctuate from time to time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or notnot until Full Payment of the Guaranteed Obligations. (b) To the fullest extent permitted by applicable lawApplicable Law, each Guarantor waives any right that such Guarantor may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any Guarantor shall nevertheless have any right under applicable law Applicable Law to terminate or revoke this Guaranty, which right cannot be waived by any such Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such Guarantor, is actually received by an officer of Agent who is familiar with the Borrower’s Borrowers’ account with Agent Guaranteed Parties and this Guaranty; but any such termination or revocation shall not affect the obligation of each any Guarantor or such any Guarantor’s successors or assigns with respect to any of the Guaranteed Obligations owing to Agent Guaranteed Parties and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent Guaranteed Parties with or for the account of the BorrowerBorrowers. If the Lenders grant any Guaranteed Party grants loans or other extensions of credit to or for the benefit of the any Borrower or takes other action after the termination or revocation by any Guarantor but prior to Agent’s receipt of such written notice of termination or revocation, then the rights of Agent such Guaranteed Party hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full of the Guaranteed ObligationsObligations have been fully paid and discharged (or, in the case of contingent obligations, such as those arising from Letters of Credit, cash collateralized as required by the Loan Documents) and all financing commitments under the Loan Agreement or otherwise have been terminated. Each Guarantor acknowledges that there may be future advances by Agent Guaranteed Parties to the Borrower (although Guaranteed Parties may be under no obligation to make such advances) and that the number and amount of the Guaranteed Obligations are unlimited and may fluctuate from time to time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or not. (b) To the fullest extent permitted by applicable lawApplicable Law, each Guarantor waives any right that such Guarantor may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any Guarantor shall nevertheless have any right under applicable law Applicable Law to terminate or revoke this Guaranty, which right cannot be waived by any Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such Guarantor, is actually received by an officer of Agent who is familiar with the Borrower’s 's account with Agent Guaranteed Parties and this Guaranty; but any such termination or revocation shall not affect the obligation of each Guarantor or such Guarantor’s 's successors or assigns with respect to any of the Guaranteed Obligations owing to Agent Guaranteed Parties and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent Guaranteed Parties with or for the account of the Borrower. If the Lenders grant any Guaranteed Party grants loans or other extensions of credit to or for the benefit of the Borrower or takes other action after the termination or revocation by any Guarantor but prior to Agent’s 's receipt of such written notice of termination or revocation, then the rights of Agent such Guaranteed Party hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full of the Guaranteed ObligationsObligations have been fully paid and discharged (or, in the case of contingent obligations, such as those arising from Letters of Credit, cash collateralized as required by the Loan Documents) and all financing commitments under the Credit and Security Agreement or otherwise have been terminated. Each Immaterial Subsidiary Guarantor acknowledges that there may be future advances by Agent Guaranteed Parties to the Borrower Borrowers (although Guaranteed Parties may be under no obligation to make such advances) and that the number and amount of the Guaranteed Obligations are unlimited and may fluctuate from time to time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or not. (b) To the fullest extent permitted by applicable lawApplicable Law, each Immaterial Subsidiary Guarantor waives any right that such Immaterial Subsidiary Guarantor may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any Immaterial Subsidiary Guarantor shall nevertheless have any right under applicable law Applicable Law to terminate or revoke this Guaranty, which right cannot be waived by any such Immaterial Subsidiary Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such Immaterial Subsidiary Guarantor, is actually received by an officer of Agent who is familiar with the Borrower’s Borrowers’ account with Agent Guaranteed Parties and this Guaranty; but any such termination or revocation shall not affect the obligation of each such Immaterial Subsidiary Guarantor or such Immaterial Subsidiary Guarantor’s successors or assigns with respect to any of the Guaranteed Obligations owing to Agent Guaranteed Parties and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent Guaranteed Parties with or for the account of the BorrowerBorrowers. If the Lenders grant any Guaranteed Party grants loans or other extensions of credit to or for the benefit of the any Borrower or takes other action after the termination or revocation by any such Immaterial Subsidiary Guarantor but prior to Agent’s receipt of such written notice of termination or revocation, then the rights of Agent such Guaranteed Party hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full of the Guaranteed ObligationsObligations and termination of all commitments under the Purchase Agreement. Each Guarantor acknowledges Guarantors acknowledge that there may be future advances by Agent Buyer to the Borrower Seller (although Buyer may be under no obligation to make such advances) and that the number and amount of the Guaranteed Obligations are unlimited and may fluctuate from time to time-to-time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or not. (b) To the fullest extent permitted by applicable law, each Guarantor waives Guarantors waive any right that such Guarantor Guarantors may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any Guarantor Guarantors shall nevertheless have any right under applicable law to terminate or revoke this Guaranty, which right cannot be waived by any GuarantorGuarantors, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such the Guarantor, is actually received by an officer of Agent Buyer who is familiar with the Borrower’s account with Agent Purchase Agreement and this Guaranty; but any such termination or revocation shall not affect the obligation of each Guarantor Guarantors or such Guarantor’s Guarantors’ successors or assigns with respect to any of the Guaranteed Obligations owing to Agent Buyer and existing at the time of the receipt by Agent Buyer of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent Buyer with or for the account of the BorrowerSeller. If the Lenders grant Buyer grants loans or other extensions of credit to or for the benefit of the Borrower Seller or takes other action after the termination or revocation by any Guarantor Guarantors but prior to Agent’s Buyer's receipt of such written notice of termination or revocation, then the rights of Agent Buyer hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.

Continuing Nature of Guaranty. (a) This Guaranty shall continue in full force and effect until payment in full of the Guaranteed ObligationsObligations have been fully paid and discharged (or, in the case of contingent obligations, such as those arising from Letters of Credit, cash collateralized as required by the Loan Documents) and all financing commitments under the Loan Agreement or otherwise have been terminated. Each Guarantor acknowledges that there may be future advances by Agent the Guaranteed Parties to Borrowers (although the Borrower Guaranteed Parties may be under no obligation to make such advances) and that the number and amount of the Guaranteed Obligations are unlimited and may fluctuate from time to time hereafter, and this Guaranty shall remain in force at all times hereafter, whether there are any Guaranteed Obligations outstanding from time to time or not. (b) To the fullest extent permitted by applicable law, each Guarantor waives any right that such Guarantor may have to terminate or revoke this Guaranty. If, notwithstanding the foregoing waiver, any Guarantor shall nevertheless have any right under applicable law to terminate or revoke this Guaranty, which right cannot be waived by any Guarantor, such termination or revocation shall not be effective until a written notice of such termination or revocation, specifically referring to this Guaranty and signed by such Guarantor, is actually received by an officer of Agent who is familiar with the Borrower’s Borrowers’ account with Agent the Guaranteed Parties and this Guaranty; but any such termination or revocation shall not affect the obligation of each Guarantor or such Guarantor’s successors or assigns with respect to any of the Guaranteed Obligations owing to Agent the Guaranteed Parties and existing at the time of the receipt by Agent of such revocation or to arise out of or in connection with any transactions theretofore entered into by Agent the Guaranteed Parties with or for the account of the BorrowerBorrowers. If any of the Lenders Guaranteed Parties grant loans or other extensions of credit to or for the benefit of the Borrower Borrowers or takes other action after the termination or revocation by any Guarantor but prior to Agent’s receipt of such written notice of termination or revocation, then the rights of Agent and the Guaranteed Parties hereunder with respect thereto shall be the same as if such termination or revocation had not occurred.