Common use of Effectiveness; Enforcement Clause in Contracts

Effectiveness; Enforcement. This Guaranty shall be effective and shall be deemed to be made with respect to each Loan made and each Letter of Credit issued as of the time it is made or issued, as applicable. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of any Borrower, and no defect in or insufficiency or want of powers of any Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against this Guaranty. This Guaranty is a continuing guaranty and shall (a) survive any termination of this Credit Agreement, and (b) remain in full force and effect until all Commitments have expired, all outstanding Letters of Credit have expired, matured or otherwise been terminated, and all Guaranteed Obligations and all other amounts payable hereunder have been performed and paid in full in cash or otherwise satisfied. This Guaranty is made for the benefit of the Agents and the Lenders and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of any Agent or any Lender first to exercise any rights against the Borrowers, or to resort to any other source or means of obtaining payment of any of the said obligations or to elect any other remedy.

Appears in 7 contracts

Samples: Senior Secured Syndicated Facility Agreement (Genesee & Wyoming Inc), Senior Secured Syndicated Facility Agreement (Genesee & Wyoming Inc), Senior Secured Syndicated Facility Agreement (Genesee & Wyoming Inc)

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Effectiveness; Enforcement. This Guaranty The guaranty hereunder shall be effective and shall be deemed to be made with respect to each Loan made and each Letter of Credit issued Credit, as of the time it is made or issuedaccepted, as applicable. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of any Borrowerthe Foreign Borrowers, and no defect in or insufficiency or want of powers of any Borrower the Foreign Borrowers or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against this Guarantysuch guaranty. This Guaranty The guaranty hereunder is a continuing guaranty and shall (a) survive any termination of this Credit Agreement, and (b) remain in full force and effect until all Commitments have expired, all outstanding Letters of Credit have expired, matured or otherwise been terminatedpayment in full of, and performance of, all Guaranteed Obligations and all other amounts payable hereunder under the guaranty hereunder, all the Commitments shall have expired and been performed terminated, all of the Letters of Credit shall have expired or been terminated and paid all lending and other credit commitments of the Banks in full in cash or otherwise satisfiedrespect thereof have terminated. This Guaranty The guaranty under this Credit Agreement is made for the benefit of the Agents Agent and the Lenders Banks and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of any the Agent or any Lender the Banks first to exercise any rights against the Foreign Borrowers, or to resort to any other source or means of obtaining payment of any of the said obligations Obligations or to elect any other remedy.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Holmes Group Inc), Revolving Credit and Term Loan Agreement (Holmes Products Corp)

Effectiveness; Enforcement. This Guaranty The guaranty herein of the Company shall be effective and shall be deemed to be made with respect to each Loan Advance made and each Letter of Credit issued to a Borrowing Subsidiary as of the time it is made or issued, as applicablemade. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of any Borrowera Borrowing Subsidiary, and no defect in or insufficiency or want of powers of any Borrower Borrowing Subsidiary or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against this Guarantysuch guaranty. This Guaranty guaranty is a continuing guaranty and shall (ai) survive any termination of this Credit Agreement, the Agreement and (bii) remain in full force and effect until all Commitments have expired, all outstanding Letters payment in full and performance of Credit have expired, matured or otherwise been terminated, and all Guaranteed Obligations and all other amounts payable hereunder have been performed and paid in full in cash or otherwise satisfiedunder this guaranty. This Guaranty guaranty is made for the benefit of the Agents and the Lenders Banks and their respective successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of any Agent or any Lender Bank first to exercise any rights against the Borrowers, any Borrowing Subsidiary or to exhaust any remedies available to it against any Borrowing Subsidiary or to resort to any other source or means of obtaining payment of any of the said obligations Guaranteed Obligations or to elect any other remedy. Upon any default by any Borrowing Subsidiary in the full and punctual performance of any of the Guaranteed Obligations, the liabilities and obligations of the Company hereunder shall, at the option of the Agent, become forthwith due and payable.

Appears in 1 contract

Samples: Multicurrency Revolving Credit and Term Loan Agreement (Teradyne Inc)

Effectiveness; Enforcement. This Guaranty The guaranty hereunder shall be effective and shall be deemed to be made with respect to each Revolving Credit Loan made and each Letter of Credit issued as of the time it is made or issuedaccepted, as applicable. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of any Borrowerthe Subsidiary Borrowers, and no defect in or insufficiency or want of powers of any Borrower the Subsidiary Borrowers or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against this Guarantysuch guaranty. This Guaranty The guaranty hereunder is a continuing guaranty and shall (a) survive any termination of this Credit Agreement, and (b) remain in full force and effect until all Commitments have expired, all outstanding Letters of Credit have expired, matured or otherwise been terminatedpayment in full of, and performance of, all Guaranteed Obligations and all other amounts payable hereunder under the guaranty hereunder, all the Commitments shall have expired and been performed terminated, all of the Letters of Credit shall have expired or been terminated and paid all lending and other credit commitments of the Banks in full in cash or otherwise satisfiedrespect thereof have terminated. This Guaranty The guaranty under this Credit Agreement is made for the benefit of the Agents and the Lenders Banks and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of any Agent the Agents or any Lender the Banks first to exercise any rights against the Subsidiary Borrowers, or to resort to any other source or means of obtaining payment of any of the said obligations Obligations or to elect any other remedy.

Appears in 1 contract

Samples: Revolving Credit Agreement (Holmes Products Corp)

Effectiveness; Enforcement. This Guaranty The guaranty herein of the Domestic Borrower shall be effective and shall be deemed to be made with respect to each Revolving Credit Loan made and each Letter of Credit issued to the Foreign Borrower as of the time it is made or issued, as applicablemade. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of any a Borrower, and no defect in or insufficiency or want of powers of any Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against this Guarantysuch guaranty. This Guaranty guaranty is a continuing guaranty and shall (a) survive any termination of this Credit Agreement, Agreement and (b) remain in full force and effect until all Commitments have expired, all outstanding Letters payment in full and performance of Credit have expired, matured or otherwise been terminated, and all Guaranteed Obligations and all other amounts payable hereunder have been performed and paid in full in cash or otherwise satisfiedunder this guaranty. This Guaranty guaranty is made for the benefit of the Agents Administrative Agent and each of the Lenders and their respective successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of any the Administrative Agent or any Lender first to exercise any rights against the Borrowers, any Borrower or to exhaust any remedies available to it against any Borrower or to resort to any other source or means of obtaining payment of any of the said obligations Guaranteed Obligations, or to elect any other remedy. In the event that acceleration of the time for payment (or the giving of notice of such acceleration) of the Guaranteed Obligations of any Borrower is stayed upon the insolvency, bankruptcy, examination or reorganization, of such Borrower or for any other reason, all such amounts otherwise subject to acceleration under the terms of this Credit Agreement shall be immediately due and payable by the Domestic Borrower under the guaranty herein provided.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

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Effectiveness; Enforcement. This Guaranty The guaranty herein of the Company shall be effective and shall be deemed to be made with respect to each Revolving Credit Loan made and each Letter of Credit issued to a Borrower as of the time it is made or issued, as applicablemade. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of any a Borrower, and no defect in or insufficiency or want of powers of any Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against this Guarantysuch guaranty. This Guaranty guaranty is a continuing guaranty and shall (a) survive any termination of this Credit Agreement, Agreement and (b) remain in full force and effect until all Commitments have expired, all outstanding Letters payment in full and performance of Credit have expired, matured or otherwise been terminated, and all Guaranteed Obligations and all other amounts payable hereunder have been performed and paid in full in cash or otherwise satisfiedunder this guaranty. This Guaranty guaranty is made for the benefit of the Agents Agent and each of the Lenders Banks and their respective successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of any the Agent or any Lender Bank first to exercise any rights against the Borrowers, any Borrower or to exhaust any remedies available to it against any Borrower or to resort to any other source or means of obtaining payment of any of the said obligations Guaranteed Obligations or to elect any other remedy. In the event that acceleration of the time for payment (or the giving of notice of such acceleration) of the Guaranteed Obligations of any Borrower is stayed upon the insolvency, bankruptcy or reorganization of such Borrower or for any other reason, all such amounts otherwise subject to acceleration under the terms of this Credit Agreement shall be immediately due and payable by the Company under the guaranty herein provided.

Appears in 1 contract

Samples: Revolving Credit Agreement (Genrad Inc)

Effectiveness; Enforcement. This The Guaranty herein of each Guarantor shall be effective and shall be deemed to be made with respect to each Loan made and each or Letter of Credit issued to a Borrower as of the time it is made or issued, as applicablemade. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of any a Borrower, and no defect in or insufficiency or want of powers of any Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against this such Guaranty. This Guaranty is a continuing guaranty and shall (a) survive any termination of this Credit Agreement, Agreement and (b) remain in full force and effect until all Commitments have expired, all outstanding Letters payment in full in cash and performance of Credit have expired, matured or otherwise been terminated, and all Guaranteed Obligations and all other amounts payable hereunder have been performed and paid in full in cash or otherwise satisfiedunder this Guaranty. This Guaranty is made for the benefit of the Agents each Agent, each Issuing Bank and each of the Lenders and their respective successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of any Agent Agent, any Issuing Bank or any Lender first to exercise any rights against the Borrowers, any Borrower or to exhaust any remedies available to it against any Borrower or to resort to any other source or means of obtaining payment of any of the said obligations Guaranteed Obligations or to elect any other remedy. In the event that acceleration of the time for payment (or the giving of notice of such acceleration) of the Guaranteed Obligations of any Borrower is stayed upon the insolvency, bankruptcy, examination or reorganization, of such Borrower or for any other reason, all such amounts otherwise subject to acceleration under the terms of this Credit Agreement shall be immediately due and payable by each Guarantor under the Guaranty herein provided.

Appears in 1 contract

Samples: Revolving Credit Agreement (Borders Group Inc)

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