Common use of Effectiveness; Enforcement Clause in Contracts

Effectiveness; Enforcement. The Guaranty herein of each Guarantor shall be effective and shall be deemed to be made with respect to each Loan made or Letter of Credit issued to a Borrower as of the time it is made. 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 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 such 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 payment in full in cash and performance of all Guaranteed Obligations and all other amounts payable under this Guaranty. This Guaranty is made for the benefit of 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, any Issuing Bank or any Lender first to exercise any rights against 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 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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Effectiveness; Enforcement. The Guaranty guaranty herein of each Guarantor the Company shall be effective and shall be deemed to be made with respect to each Revolving Credit Loan made or Letter of Credit issued to a Borrower as of the time it is made. 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 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 such Guarantyguaranty. This Guaranty guaranty is a continuing guaranty and shall (a) survive any termination of this Credit Agreement and (b) remain in full force and effect until payment in full in cash and performance of all Guaranteed Obligations and all other amounts payable under this Guarantyguaranty. This Guaranty guaranty is made for the benefit of each Agent, each Issuing Bank the 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 Agent, any Issuing Bank the Agent or any Lender Bank first to exercise any rights against 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 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 bankruptcy or reorganization, 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 the Company under the Guaranty guaranty herein provided.

Appears in 1 contract

Samples: Revolving Credit Agreement (Genrad Inc)

Effectiveness; Enforcement. The Guaranty guaranty herein of each Guarantor the Domestic Borrower shall be effective and shall be deemed to be made with respect to each Revolving Credit Loan made or Letter of Credit issued to a the Foreign Borrower as of the time it is made. 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 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 such Guarantyguaranty. This Guaranty guaranty is a continuing guaranty and shall (a) survive any termination of this Credit Agreement and (b) remain in full force and effect until payment in full in cash and performance of all Guaranteed Obligations and all other amounts payable under this Guarantyguaranty. This Guaranty guaranty is made for the benefit of each Agent, each Issuing Bank the 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 Agent, any Issuing Bank the Administrative Agent or any Lender first to exercise any rights against 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 Guaranteed Obligations 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 the Domestic Borrower under the Guaranty guaranty herein provided.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

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Effectiveness; Enforcement. The Guaranty guaranty herein of each Guarantor the Company shall be effective and shall be deemed to be made with respect to each Loan Advance made or Letter of Credit issued to a Borrower Borrowing Subsidiary as of the time it is made. 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 a BorrowerBorrowing 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 such Guarantyguaranty. This Guaranty guaranty is a continuing guaranty and shall (ai) survive any termination of this Credit the Agreement and (bii) remain in full force and effect until payment in full in cash and performance of all Guaranteed Obligations and all other amounts payable under this Guarantyguaranty. This Guaranty guaranty is made for the benefit of each Agent, each Issuing Bank 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 Agent, any Issuing Bank or any Lender first to exercise any rights against any Borrower Borrowing Subsidiary or to exhaust any remedies available to it against any Borrower Borrowing Subsidiary or to resort to any other source or means of obtaining payment of any of the Guaranteed Obligations or to elect any other remedy. In Upon any default by any Borrowing Subsidiary in the event that acceleration full and punctual performance of the time for payment (or the giving of notice of such acceleration) any of the Guaranteed Obligations Obligations, the liabilities and obligations of any Borrower is stayed upon the insolvencyCompany hereunder shall, bankruptcyat the option of the Agent, 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 become forthwith due and payable by each Guarantor under the Guaranty herein providedpayable.

Appears in 1 contract

Samples: And Term Loan Agreement (Teradyne Inc)

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