Cross-Guaranty. Each Borrower guarantees to the Credit Parties the payment in full of all of the Obligations owned by each of the other Borrowers and further guarantees the due performance by each of the other Borrowers of its respective duties and covenants made in favor of the Credit Parties in this Agreement and in the other Credit Documents. Each Borrower agrees that neither this cross guaranty nor the joint and several liability of the Borrowers provided in this Agreement nor the Credit Parties’ liens and rights in any of the Collateral shall be impaired or affected by any modification, supplement, extension or amendment of any contract or agreement to which the parties hereto may hereafter agree, nor by any modification, release or other alteration of any of the rights of the Credit Parties with respect to any of the Collateral, nor by any delay, extension of time, renewal, compromise or other indulgence granted by the Administrative Agent or the Lenders with respect to any of the Obligations, nor by any other agreements or arrangements whatever with the other Borrowers or with any other Person, each Borrower hereby waiving all notice of any such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectively as if it had expressly agreed thereto in advance. Except as may be expressly stated in this Agreement to the contrary, the liability of each Borrower hereunder is direct and unconditional as to all of the Obligations (except as may be expressly stated in this Agreement to the contrary), and may be enforced without requiring the Credit Parties first to resort to any other right, remedy or security.
Appears in 6 contracts
Samples: Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.)
Cross-Guaranty. Each Borrower BORROWER guarantees to the Credit Parties LENDER the payment in full of all of the Obligations owned by each OBLIGATIONS of the other Borrowers BORROWERS and further guarantees the due performance by each of the other Borrowers BORROWERS of its their respective duties and covenants made in favor of the Credit Parties in this Agreement LENDER hereunder and in under the other Credit DocumentsLOAN DOCUMENTS. Each Borrower BORROWER agrees that neither this cross guaranty nor the joint and several liability of the Borrowers BORROWERS provided in this Agreement AGREEMENT nor the Credit Parties’ LENDER’S liens and rights in any of the Collateral COLLATERAL shall be impaired or affected by any modification, supplement, extension or amendment of any contract or agreement to which the parties hereto may hereafter agree, nor by any modification, release or other alteration of any of the rights of the Credit Parties LENDER with respect to any of the CollateralCOLLATERAL, nor by any delay, extension of time, renewal, compromise or other indulgence granted by the Administrative Agent or the Lenders LENDER with respect to any of the ObligationsOBLIGATIONS, nor by any other agreements or arrangements whatever with the other Borrowers BORROWERS or with any other PersonPERSON, each Borrower BORROWER hereby waiving all notice of any such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectively as if it had expressly agreed thereto in advance. Except as may be expressly stated in this Agreement to the contrary, the The liability of each Borrower BORROWER hereunder is direct and unconditional as to all of the Obligations (except as may be expressly stated in this Agreement to the contrary)OBLIGATIONS, and may be enforced without requiring the Credit Parties LENDER first to resort to any other right, remedy or security.
Appears in 2 contracts
Samples: Loan and Security Agreement (Avatech Solutions Inc), Loan and Security Agreement (Avatech Solutions Inc)
Cross-Guaranty. Each Borrower BORROWER guarantees to the Credit Parties LENDER the payment in full of all of the Obligations owned by each OBLIGATIONS of the other Borrowers BORROWER and further guarantees the due performance by each of the other Borrowers BORROWER of its respective duties and covenants made in favor of the Credit Parties in this Agreement LENDER hereunder and in under the other Credit DocumentsLOAN DOCUMENTS. Each Borrower BORROWER agrees that neither this cross guaranty nor the joint and several liability of the Borrowers BORROWERS provided in this Agreement AGREEMENT nor the Credit Parties’ LENDER's liens and rights in any of the Collateral COLLATERAL shall be impaired or affected by any modification, supplement, extension or amendment of any contract or agreement to which the parties hereto may hereafter agree, nor by any modification, release or other alteration of any of the rights of the Credit Parties LENDER with respect to any of the CollateralCOLLATERAL, nor by any delay, extension of time, renewal, compromise or other indulgence granted by the Administrative Agent or the Lenders LENDER with respect to any of the ObligationsOBLIGATIONS, nor by any other agreements or arrangements whatever with the other Borrowers BORROWER or with any other PersonPERSON, each Borrower BORROWER hereby waiving all notice of any such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectively as if it had expressly agreed thereto in advance. Except as may be expressly stated in this Agreement to the contrary, the The liability of each Borrower BORROWER hereunder is direct and unconditional as to all of the Obligations (except as may be expressly stated in this Agreement to the contrary)OBLIGATIONS, and may be enforced without requiring the Credit Parties LENDER first to resort to any other right, remedy or security.
Appears in 1 contract
Samples: Loan and Security Agreement (Imtek Office Solutions Inc)
Cross-Guaranty. Each Borrower guarantees to the Credit Parties Bank the payment in full of all of the Obligations owned owed by each of the other Borrowers Borrower and further guarantees the due performance by each of the other Borrowers Borrower of its respective duties and covenants made in favor of the Credit Parties in this Agreement Bank hereunder and in the other Credit Loan Documents. Each Borrower agrees that neither this cross guaranty nor the joint and several liability of the Borrowers each Borrower provided in this Agreement herein nor the Credit Parties’ Bank’s liens and rights in any of the Collateral shall be impaired or affected by any modification, supplement, extension or amendment of any contract or agreement to which the parties hereto may hereafter agree, nor by any modification, release or other alteration of any of the rights of the Credit Parties Bank with respect to any of the Collateral, nor by any delay, extension of time, renewal, compromise or other indulgence granted by the Administrative Agent or the Lenders Bank with respect to any of the Obligationsobligations, nor by any other agreements or arrangements whatever with the any other Borrowers Borrower or with any other Person, each Borrower hereby waiving all notice of any such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectively as if it had expressly agreed thereto in advance. Except as may be expressly stated in this Agreement herein to the contrary, the liability of each Borrower hereunder is direct and unconditional as to all of the Obligations obligations (except as may be expressly stated in this Agreement herein to the contrary), and may be enforced without requiring the Credit Parties Bank first to resort to any other right, remedy or security.
Appears in 1 contract
Samples: Credit Agreement (1847 Holdings LLC)
Cross-Guaranty. Each Borrower BORROWER guarantees to the Credit Parties LENDER the payment in full of all of the Obligations owned by each OBLIGATIONS of the other Borrowers BORROWERS and further guarantees the due performance by each of the other Borrowers BORROWERS of its their respective duties and covenants made in favor of the Credit Parties in this Agreement LENDER hereunder and in under the other Credit DocumentsLOAN DOCUMENTS. Each Borrower BORROWER agrees that neither this cross guaranty nor the joint and several liability of the Borrowers BORROWERS provided in this Agreement AGREEMENT nor the Credit Parties’ LENDERs liens and rights in any of the Collateral COLLATERAL shall be impaired or affected by any modification, supplement, extension or amendment of any contract or agreement to which the parties hereto may hereafter agree, nor by any modification, release or other alteration of any of the rights of the Credit Parties LENDER with respect to any of the CollateralCOLLATERAL, nor by any delay, extension of time, renewal, compromise or other indulgence granted by the Administrative Agent or the Lenders LENDER with respect to any of the ObligationsOBLIGATIONS, nor by any other agreements or arrangements whatever with the other Borrowers BORROWERS or with any other PersonPERSON, each Borrower BORROWER hereby waiving all notice of any such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectively as if it had expressly agreed thereto in advance. Except as may be expressly stated in this Agreement to the contrary, the The liability of each Borrower BORROWER hereunder is direct and unconditional as to all of the Obligations (except as may be expressly stated in this Agreement to the contrary)OBLIGATIONS, and may be enforced without requiring the Credit Parties LENDER first to resort to any other right, remedy or security.
Appears in 1 contract
Cross-Guaranty. Each Borrower guarantees to the Credit Parties Lender the payment in full of all of the Obligations owned by each of the other Borrowers Borrower and further guarantees the due performance by each of the other Borrowers Borrower of its respective duties and covenants made in favor of the Credit Parties in this Agreement Lender hereunder and in under the other Credit Loan Documents. Each Borrower agrees that neither this cross cross-corporate guaranty nor the joint and several liability of the Borrowers provided in Section 1.5 hereof (and in Article I of the Consolidated Amendment to this Agreement Agreement) nor the Credit Parties’ liens and rights Lender's Lien in any of the Collateral shall be impaired or affected by any modification, supplement, extension or amendment of any contract or agreement to which the parties hereto may hereafter agreeagree (other than an agreement signed by Lender specifically releasing such liability), nor by any modification, release or other alteration of any of the rights of the Credit Parties Lender with respect to any of the Collateral, nor by any delay, extension of time, renewal, compromise or other indulgence granted by the Administrative Agent or the Lenders Lender with respect to any of the ObligationsObligations (other than an agreement signed by Lender specifically releasing such Collateral), nor by any other agreements or arrangements whatever with the any other Borrowers Borrower or with any other Personanyone else, each Borrower hereby waiving all notice of any such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectively as if it had expressly agreed thereto in advance. Except as may be expressly stated in this Agreement to the contrary, the The liability of each Borrower hereunder is direct and unconditional as to all of the Obligations (except as may be expressly stated in this Agreement to the contrary)Obligations, and may be enforced without requiring the Credit Parties Lender first to resort to any other right, remedy or security.
Appears in 1 contract
Samples: Loan and Security Agreement (Republic Airways Holdings Inc)
Cross-Guaranty. Each Borrower BORROWER guarantees to the Credit Parties SECURED PARTIES the payment in full of all of the Obligations owned by each OBLIGATIONS of the other Borrowers BORROWERS and further guarantees the due performance by each of the other Borrowers BORROWER of its respective duties and covenants made in favor of the Credit Parties in this Agreement SECURED PARTIES hereunder and in the other Credit DocumentsLOAN DOCUMENTS. Each Borrower BORROWER agrees that neither this cross guaranty nor the joint and several liability of the Borrowers BORROWERS provided in this Agreement AGREEMENT nor the Credit PartiesSECURED PARTIES’ liens and rights in any of the Collateral COLLATERAL shall be impaired or affected by any modification, supplement, extension or amendment of any contract or agreement to which the parties hereto may hereafter agree, nor by any modification, release or other alteration of any of the rights of the Credit Parties SECURED PARTIES with respect to any of the CollateralCOLLATERAL, nor by any delay, extension of time, renewal, compromise or other indulgence granted by the Administrative Agent or the Lenders AGENT with respect to any of the ObligationsOBLIGATIONS, nor by any other agreements or arrangements whatever with the other Borrowers BORROWERS or with any other PersonPERSON, each Borrower BORROWER hereby waiving all notice of any such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectively as if it had expressly agreed thereto in advance. Except as may be expressly stated in this Agreement to the contrary, the The liability of each Borrower BORROWER hereunder is direct and unconditional as to all of the Obligations (except as may be expressly stated in this Agreement to the contrary)OBLIGATIONS, and may be enforced without requiring the Credit Parties LENDER first to resort to any other right, remedy or security.
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