EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder). If, notwithstanding the foregoing, the Guarantors shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantors, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender grants loans or takes other action after any of the Guarantors terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 6 contracts
Samples: Credit Agreement (Toll Brothers, Inc.), Credit Agreement (Toll Brothers, Inc.), Credit Agreement (Toll Brothers Inc)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantors, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender grants loans or takes other action after any of the Guarantors terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 5 contracts
Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective against any Guarantor upon its execution by the Guarantors such Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Guaranteed Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement full in cash and all financing arrangements between of the Borrower and the Lenders under the Loan Documents shall Commitments have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke its obligations under this Guaranty, the Guarantors agree such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative AgentAgents and the Lenders. Such notice shall not affect the right and power of any of the Lenders Agents or the Administrative Agent Lenders to enforce rights arising prior to receipt thereof by the Administrative AgentAgents and the Lenders. If any Lender of the Lenders grants loans or takes other action after any of the Guarantors such Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives Agents and the Lenders receive such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 3 contracts
Samples: Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (Stellex Industries Inc)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 3 contracts
Samples: Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and Guarantors. This Guaranty shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)Term Note cancelled. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative AgentLender. Such notice shall not affect the obligations of any other guarantor or any right and or power of any of the Lenders or the Administrative Agent Lender to enforce rights against such Guarantor arising prior to receipt thereof by the Administrative AgentLender. If any the Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty as aforesaid, but before the Administrative Agent Lender receives such written notice, the rights of such the Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 2 contracts
Samples: Guaranty (Timco Aviation Services Inc), Guaranty (Timco Aviation Services Inc)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective against the Guarantor upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Commitments shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke its obligations under this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of the Administrative Agent, any of the Issuing Banks or any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent, the Issuing Banks and the Lenders. If any Lender of the Lenders or Issuing Banks grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender or such Issuing Bank with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Guaranty (Barneys New York Inc)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Secured Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Holders of Secured Obligations shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders Holders of Secured Obligations or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender Holder of Secured Obligations grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender Holder of Secured Obligations with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Guaranty (Ifr Systems Inc)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid earlier of (in cashi) and discharged and the Credit date on which Medallion Funding or any other Affiliate of the Guarantor is no longer acting as Servicer under the Servicing Agreement and all financing arrangements between (ii) the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)Final Payout Date. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders Lender or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any the Lender grants grants, loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender the Agent with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.. 121
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree each such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender grants loans or takes 95 103 other action after any of the Guarantors a Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully indefeasibly paid (in cash) and discharged and the financing commitments contained in the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors shall have any right under applicable law to The Guarantor may terminate or revoke this Guaranty; provided, the Guarantors agree however that such termination or revocation shall not be effective until a ten (10) Business Days after written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative AgentLenders. Such notice shall not affect (i) the liability of the Guarantor for any Obligations, and (ii) the right and power of any of the Lenders Holders of Obligations or the Administrative Agent to enforce their rights arising under this Guaranty, which in either case arose prior to receipt thereof by the Administrative Agenteffective time of such revocation or termination. If any Lender Holder of Obligations grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender Holder of Obligations with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Loan Agreement and all financing arrangements between among the Borrower Borrowers, the Administrative Agent, the Collateral Agent and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Collateral Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Collateral Agent to enforce rights arising prior to receipt thereof by the Administrative Collateral Agent. If the Collateral Agent, the Administrative Agent or any Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Collateral Agent receives such written notice, the rights of such Lender the Collateral Agent, the Administrative Agent and the Lenders with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Guaranty (Paetec Corp)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully indefeasibly paid (in cash) and discharged and the financing commitments contained in the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors shall have any right under applicable law to The Guarantor may terminate or revoke this Guaranty; provided, the Guarantors agree however that such termination or revocation shall not be effective until a ten (10) Business Days after written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect (i) the liability of the Guarantor for any Obligations, and (ii) the right and power of any of the Lenders Holders of Obligations or the Administrative Agent to enforce their rights arising under this Guaranty, which in either case arose prior to receipt thereof by the Administrative Agenteffective time of such revocation or termination. If any Lender Holder of Obligations grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender Holder of Obligations with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective -------------------------- upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Loan Agreement and all financing arrangements between among the Borrower Borrowers, the Administrative Agent, the Collateral Agent and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Collateral Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Collateral Agent to enforce rights arising prior to receipt thereof by the Administrative Collateral Agent. If the Collateral Agent, the Administrative Agent or any Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Collateral Agent receives such written notice, the rights of such Lender the Collateral Agent, the Administrative Agent and the Lenders with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Guaranty (Paetec Corp)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Banks shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent or the Issuing and Paying Agent. Such notice shall not affect the right and power of any of the Lenders Banks, the Issuing and Paying Agent or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent or the Issuing and Paying Agent. If any Lender Bank grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent or the Issuing and Paying Agent receives such written notice, the rights of such Lender Bank with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Guaranty (Ohm Corp)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree each such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender grants loans or takes other action after any of the Guarantors a Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective against any Guarantor upon its execution by the Guarantors such Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations (other than indemnities not yet due) shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Revolving Credit Commitments shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke its obligations under this Guaranty, the Guarantors agree such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of the Administrative Agent, any of the Lenders Issuing Banks, any of the Lenders, the European Administrative Agent or the Administrative Syndication Agent to enforce rights arising prior to receipt thereof by the Administrative Agent, the Issuing Banks, the Lenders, the European Administrative Agent and the Syndication Agent. If any Lender of the Lenders or Issuing Banks grants loans or takes other action after any of the Guarantors such Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent such Lender or Issuing Bank receives such written notice, the rights of such Lender or such Issuing Bank with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Credit Agreement (Hexcel Corp /De/)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and Guarantor. This Guaranty shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)Term Note cancelled. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative AgentLender. Such notice shall not affect the obligations of any other guarantor or any right and or power of any of the Lenders or the Administrative Agent Lender to enforce rights against the Guarantor arising prior to receipt thereof by the Administrative AgentLender. If any the Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty as aforesaid, but before the Administrative Agent Lender receives such written notice, the rights of such the Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Limited Guaranty (Aviation Sales Co)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective against any Guarantor upon its execution by the Guarantors such Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Guaranteed Obligations (other than indemnities not yet due) shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Revolving Credit Commitments shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke its obligations under this Guaranty, the Guarantors agree such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative each Agent. Such notice shall not affect the right and power of the Agents or any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative AgentAgents and the Lenders. If any Lender of the Lenders grants loans or takes other action after any of the Guarantors such Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent such Lender receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Credit Agreement (Hexcel Corp /De/)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon -------------------------- its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Secured Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Holders of Secured Obligations shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders Holders of Secured Obligations or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender Holder of Secured Obligations grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender Holder of Secured Obligations with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Credit Agreement (Gfsi Inc)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective against the Guarantor upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Commitments shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke its obligations under this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of the Administrative Agent or any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative AgentAgent and the Lenders. If any Lender of the Lenders grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Guaranty (Barneys New York Inc)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective against any Guarantor upon its execution by the Guarantors such Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations (other than indemnities not yet due) shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Revolving Credit Commitments shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke its obligations under this Guaranty, the Guarantors agree such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of the Administrative Agent, the Issuing Bank or any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent, the Issuing Bank and the Lenders. If any Lender of the Lenders or the Issuing Bank grants loans or takes other action after any of the Guarantors such Guarantor terminates or revokes its obligations under this Guaranty but before such Lender or the Administrative Agent Issuing Bank receives such written notice, the rights of such Lender or the Issuing Bank with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.. 106
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective against the Guarantor upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Class 2 Term Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)discharged. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke its obligations under this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative AgentLender. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent Lender to enforce rights arising prior to receipt thereof by the Administrative AgentLender. If any the Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent Lender receives such written notice, the rights of such the Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and Guarantors. This Guaranty shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)Term Notes cancelled. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative AgentLender. Such notice shall not affect the obligations of any other guarantor or any right and or power of any of the Lenders or the Administrative Agent Lender to enforce rights against such Guarantor arising prior to receipt thereof by the Administrative AgentLender. If any the Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty as aforesaid, but before the Administrative Agent Lender receives such written notice, the rights of such the Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations Liabilities shall have been fully paid (in cash) and discharged and the Credit Loan Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Lender shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative AgentLender. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent Lender to enforce rights arising prior to receipt thereof by the Administrative AgentLender. If any Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent Lender receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Better Choice Co Inc.)
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors any Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree each such Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the Guarantorssuch Guarantor, is actually received by the Administrative Agent. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent to enforce rights arising prior to receipt thereof by the Administrative Agent. If any Lender grants loans or takes other action after any of the Guarantors a Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent receives such written notice, the rights of such Lender with respect thereto shall be the same as if such termination or revocation had not occurred.. 141
Appears in 1 contract
EFFECTIVENESS; TERMINATION. This Guaranty shall become effective upon its execution by the Guarantors Guarantor and shall continue in full force and effect and may not be terminated or otherwise revoked until the Obligations shall have been fully paid (in cash) cash and discharged and the Credit Agreement and all financing arrangements between the Borrower and the Lenders under the Loan Documents Lender shall have been terminated (including all Commitments thereunder)terminated. If, notwithstanding the foregoing, the Guarantors Guarantor shall have any right under applicable law to terminate or revoke this Guaranty, the Guarantors agree Guarantor agrees that such termination or revocation shall not be effective until a written notice of such revocation or termination, specifically referring hereto, signed by the GuarantorsGuarantor, is actually received by the Administrative AgentLender. Such notice shall not affect the right and power of any of the Lenders or the Administrative Agent Lender to enforce rights arising prior to receipt thereof by the Administrative AgentLender. If any the Lender grants loans or takes other action after any of the Guarantors Guarantor terminates or revokes its obligations under this Guaranty but before the Administrative Agent Lender receives such written notice, the rights of such the Lender with respect thereto shall be the same as if such termination or revocation had not occurred.
Appears in 1 contract
Samples: Guaranty (Aerial Communications Inc)