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), Syndicated Facility Agreement (Genesee & Wyoming Inc), 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: And Term Loan Agreement (Holmes Products Corp), Loan Agreement (Holmes Group 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 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)

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