Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ obligations hereunder shall remain in full force and effect until all of the payment Obligations shall have been paid in full and all of the Commitments shall have terminated. If at any time any payment made under this Agreement or any other Loan Document is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of a Loan Party or any other Person or otherwise, then the Guarantors’ obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereof.
Appears in 5 contracts
Samples: Credit Agreement (Arcos Dorados Holdings Inc.), Credit Agreement (Arcos Dorados Holdings Inc.), Credit Agreement (Arcos Dorados Holdings Inc.)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ Guarantor’s obligations hereunder shall remain in full force and effect until all of the payment Guaranteed Obligations shall have been paid in full in cash (other than any obligation that is contingent in nature at such time) at which time, subject to all the foregoing conditions, the guarantees made hereunder shall automatically terminate, and all this guaranty shall be of no further force and effect as against the Commitments shall have terminatedGuarantor. If at any time any payment made of the principal of or interest on any Advance or any other amount payable by the Borrower or any other party hereunder or under this Agreement or any other Loan Document is rescinded or must be otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of a Loan Party or any other Person the Borrower or otherwise, then the Guarantors’ Guarantor’s obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 4 contracts
Samples: Credit Agreement (Alliant Energy Corp), Term Loan Credit Agreement (Alliant Energy Corp), Term Loan Credit Agreement (Alliant Energy Corp)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Except as otherwise provided in Section 9.14 of the Credit Agreement, each of the Guarantors’ obligations hereunder shall remain in full force and effect until all of the payment Guaranteed Obligations shall have been paid in full and all of the Commitments under the Credit Agreement shall have terminatedterminated or expired. If at any time any payment made under this Agreement or of any other Loan Document portion of the Obligations is rescinded or must be otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of a Loan Party or any other Person the Borrower or otherwise, then the Guarantors’ each Guarantor’s obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 4 contracts
Samples: Credit Agreement (Fedex Corp), Credit Agreement (Federal Express Corp), Credit Agreement (Federal Express Corp)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ obligations of the Guarantors hereunder shall remain in full force and effect until all of the payment Obligations obligations of the Borrowers under the Credit Documents shall have been paid or otherwise performed in full and all of the Commitments shall have terminated. If at any time any payment made under this Agreement or any other Loan Credit Document is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy bankruptcy, reorganization, recuperação judicial ou extrajudicial, falência or reorganization similar event of a Loan Party the Borrowers or any other Person or otherwise, then the Guarantors’ obligations of the Guarantors hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 3 contracts
Samples: Senior Export and Working Capital Facility Agreement, Senior Export and Working Capital Facility Agreement (Gerdau Ameristeel Corp), Senior Export and Working Capital Facility Agreement (Gerdau Ameristeel Corp)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ Guarantor’s obligations hereunder shall remain in full force and effect until all of the payment Guaranteed Obligations shall have been paid in full in cash (other than any obligation that is contingent in nature at such time) at which time, subject to all the foregoing conditions, the guarantees made hereunder shall automatically terminate, and all this guaranty shall be of no further force and effect as against the Commitments shall have terminatedGuarantor. If at any time any payment made of the principal of or interest on the Loan or any other amount payable by the Borrower or any other party hereunder or under this Agreement or any other Loan Document is rescinded or must be otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of a Loan Party or any other Person the Borrower or otherwise, then the Guarantors’ Guarantor’s obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 3 contracts
Samples: Credit Agreement (Northwest Natural Holding Co), Credit Agreement (Northwest Natural Gas Co), Credit Agreement (Northwest Natural Gas Co)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ Guarantor's obligations hereunder shall remain in full force and effect until the principal of and interest on the Notes and all of other amounts payable by the payment Obligations Borrower under this Agreement shall have been paid in full and all of shall survive the Commitments shall have terminatedTermination Date. If at any time any payment made of the principal of or interest on any Note or any other amount payable by the Borrower under this Agreement or any other Loan Document is rescinded or must be otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of a Loan Party or any other Person the Borrower or otherwise, then the Guarantors’ Guarantor's obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 3 contracts
Samples: Five Year Credit Agreement (May Department Stores Co), 364 Day Credit Agreement (May Department Stores Co), 364 Day Credit Agreement (May Department Stores Co)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ obligations of the Guarantor hereunder shall remain in full force and effect until all of the payment Obligations shall have been paid in full and of all of the Commitments shall have terminatedGuaranteed Obligations. If at any time any payment made of principal under this or interest on the Credit Agreement or relevant Facility Document or any other Loan Document amount payable by the Borrower or any other party on account of the Guaranteed Obligations is rescinded voided or must be otherwise be restored or returned upon for whatever reason, including, without limitation in the event of the insolvency, bankruptcy or reorganization of a Loan Party or any other Person or otherwisethe Borrower, then the Guarantors’ obligations of the Guarantor hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 2 contracts
Samples: Guaranty (Edison Schools Inc), Guaranty (Edison Schools Inc)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ Guarantor's obligations hereunder shall remain in full force and effect until all of the payment Obligations shall have been paid in full and all of the Commitments shall have terminatedterminated and the principal of and interest on the Notes and all other amounts under the Credit Agreement shall have been indefeasibly paid in full. If at any time any payment made under this Agreement of the principal of or interest on any Note or any other Loan Document amount payable by the Borrower under the Credit Agreement is rescinded or must be otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of a Loan Party or any other Person the Borrower or otherwise, then the Guarantors’ Guarantor's obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 2 contracts
Samples: Credit Agreement (Us West Inc), Credit Agreement (Us West Inc)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ Each of the Guarantor’s obligations hereunder shall remain in full force and effect until all Guaranteed Obligations (including any that survive repayment of the payment Obligations Loans) shall have been indefeasibly paid in full and all of the Facility LCs and Commitments under the Credit Agreement shall have terminatedterminated or expired. If at any time any payment made of the principal of or interest on any Note or any other amount payable by the Borrowers or any other party under this Agreement the Credit Agreement, any Note or any other Loan Document is rescinded or must be otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of a Loan Party or any other Person either of the Borrowers or otherwise, then each of the Guarantors’ Guarantor’s obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 2 contracts
Samples: Parent Company Guaranty (Lennar Corp /New/), Parent Company Guaranty (LNR Property Corp)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ obligations of each Guarantor hereunder shall remain in full force and effect until all of the payment Obligations and performance obligations of the Borrower under the Loan Documents shall have been paid or otherwise performed in full and all of the Commitments shall have terminated. If at any time any payment made under this Agreement or any other Loan Document is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy bankruptcy, reorganization, recuperação judicial, recuperação extrajudicial, falência or reorganization similar event of a Loan Party the Borrower or any other Person or otherwise, then the Guarantors’ obligations of each Guarantor hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time and each Guarantor hereby expressly waives the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereoftime.
Appears in 2 contracts
Samples: Export Prepayment Facility Agreement and Secured Loan (Fibria Celulose S.A.), Export Prepayment Facility Agreement and Secured Loan (Votorantim Pulp & Paper Inc)
Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances. The Guarantors’ Each Guarantor’s obligations hereunder shall remain in full force and effect until all of Payment in Full, upon which the payment Obligations guarantees made hereunder shall have been paid in full and all of the Commitments shall have terminatedautomatically terminate. If at any time any payment made under this Agreement or of any other Loan Document Obligation is rescinded or must be otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise (including pursuant to any settlement entered into by a Loan Guaranteed Party or any other Person or otherwisein its discretion), then the Guarantors’ each Guarantor’s obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time time. The parties hereto acknowledge and agree that each Guarantor hereby expressly waives Obligation shall be due and payable in Dollars in the benefit of any statute of limitations or prescriptive term affecting the Guarantor’s liability in respect thereofamount due.
Appears in 1 contract
Samples: Guaranty (Palomar Holdings, Inc.)