Execution of Guaranty. This Guaranty, and each other Loan Document to which Guarantor is a party, have been duly executed and delivered by Guarantor. Execution, delivery and performance of this Guaranty and each other Loan Document to which Guarantor is a party will not: (i) violate any provision of any law, rule or regulation, any judgment, order, writ, decree or other instrument of any governmental authority, or any provision of any contract or other instrument to which Guarantor is a party or by which Guarantor or any of its properties or assets are bound; (ii) result in the creation or imposition of any lien, claim or encumbrance of any nature, other than the liens created by the Loan Documents; and (iii) require any consent from, exemption of, or filing or registration with, any governmental authority or any other Person, other than any filings in connection with the liens created by the Loan Documents.
Execution of Guaranty. This Guaranty, and each of the other Loan Documents to which any Guarantor is a party, have been duly executed and delivered by each Guarantor. Execution, delivery and performance of this Guaranty and each of the other Loan Documents to which each Guarantor is a party, will not: (i) violate any provision of any law, rule or regulation, any judgment, order, writ, decree or other instrument of any Governmental Authority, or any provision of any contract or other instrument to which the Guarantor is a party or by which the Guarantor or any of its properties or assets are bound; (ii) result in the creation or imposition of any Lien, claim or other encumbrance of any nature or kind, other than the Liens created by the Loan Documents; and (iii) require any consent from, exemption of, or filing or registration with, any Governmental Authority or any other Person, other than any filings in connection with the Liens created by the Loan Documents.
Execution of Guaranty. To evidence their guaranty to the Debentureholders specified in Section 17.01, the Guarantor hereby agrees to execute the Guaranty in substantially the form above recited to be endorsed on each Debenture authenticated and delivered by the Trustee after the Effective Time or, in lieu thereof, stamp each such Debenture with an appropriate notation on such Debenture. The Guarantor hereby agrees that its Guaranty set forth in Section 17.01 shall remain in full force and effect notwithstanding any failure to include such endorsement or notation of such Guaranty on each Debenture. If applicable, the Guaranty shall be signed on behalf of the Guarantor by its Chairman of the Board, President or a Vice President, prior to the authentication of the Debenture on which it is endorsed, and the delivery of such Debenture by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of the Guaranty on behalf of the Guarantor. Such signatures upon the Guaranty may be manual or facsimile signatures of the present, past or any future such officers and may be imprinted or otherwise reproduced on the Guaranty, and in case any such officer who shall have signed the Guaranty shall cease to be such officer before the Debenture on which such Guaranty is endorsed shall have been authenticated and delivered by the Trustee or disposed of by the Company, such Debenture nevertheless may be authenticated and delivered or disposed of as though the person who signed the Guaranty had not ceased to be such officer of the Guarantor.
Execution of Guaranty. This Guaranty has been duly executed and delivered by Guarantor. Execution, delivery and performance of this Guaranty will not: (i) violate any provision of law, order of any court, agency or instrumentality of government, or any provision of any indenture, agreement or other instrument to which Guarantor is a party or by which he or any of his properties is bound; (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature, other than the liens created by the Loan Documents; and (iii) to his knowledge, require any authorization, consent, approval, license, exemption of, or filing or registration with, any court or governmental authority applicable to him.
Execution of Guaranty. To evidence the Guaranty, each Guarantor hereby agrees to execute the guaranty substantially in the form set forth in Section 206 hereof, to be endorsed on each Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of each Guarantor by its Chairman of the Board, its President, or one of its Vice Presidents, under its corporate seal reproduced thereon attested by its Secretary or one of its Assistant Secretaries. The signature of any of these officers on the Securities may be manual or facsimile. If an officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates a Security on which a Guaranty is endorsed, such Guaranty shall be valid nevertheless.
Execution of Guaranty. This Guaranty has been duly executed and delivered by the Guarantor. The execution, delivery and performance of this Guaranty will not: (i) violate any provision of any law, rule or regulation, any judgment, order, writ, decree or other instrument of any governmental authority, or any provision of any contract or other instrument to which the Guarantor is a party or by which the Guarantor or any of its properties or assets are bound; (ii) result in the creation or imposition of any lien, claim or other encumbrance of any nature or kind, other than the liens created by the Notes or the Loan or this Guaranty, or (iii) require any consent from, exemption of, or filing or registration with, any governmental authority or any other Person.
Execution of Guaranty. At or prior to the Closing, and in --------------------- consideration for the payments made to Purchaser pursuant to Section 5.2 below, the Purchaser hereby agrees to execute the Guaranty for the benefit of the Company, pursuant to which the Purchaser shall guaranty the Company's obligation to pay Comerica Bank-California $500,000 as provided in the Loan Agreement.
Execution of Guaranty. To evidence the Guaranty, each Guarantor hereby agrees to execute the guaranty substantially in the form set forth in Section 206 hereof, to be endorsed on each Security authenticated and delivered by the Trustee and that this Indenture shall be executed on behalf of each Guarantor by its Chairman of the Board, its President, or one of its Vice Presidents, under its corporate seal reproduced thereon attested by its Secretary or one of its Assistant Secretaries. The signature of any of these officers on the Securities may be manual or facsimile. If an officer whose signature is on this Indenture no longer holds that office at the time the Trustee authenticates a Security on which a Guaranty is endorsed, such Guaranty shall be valid nevertheless. Section 1314. Payment Permitted by Each of the Guarantors if no Default. Nothing contained in this Article Thirteen, elsewhere in this Indenture or in any of the Securities shall affect the obligation of any Guarantor to make, or prevent any Guarantor from making at any time, payments pursuant to the Securities.
Execution of Guaranty. In the event that any Person becomes a Material Subsidiary of Holdings or Borrower after the date hereof, Borrower will promptly notify Administrative Agent of that fact and cause such Subsidiary to execute and deliver to Administrative Agent a Guaranty of the Obligations.
Execution of Guaranty. To further evidence the Guaranty set forth in Section 13.2 hereof, each Guarantor hereby agrees to execute a Guaranty, in substantially the form set forth below: "[FORM OF GUARANTY] "GUARANTY "For value received, each of the undersigned (the "Guarantors") hereby absolutely and unconditionally guaranties, jointly and severally, to each Holder of any of the Issuer's 7 3/4% Senior Notes due October 15, 2004 (the "Senior Notes") and to the Trustee on behalf of each such Holder prompt payment when due, whether at stated maturity, upon acceleration, upon repurchase at the option of the Holder or otherwise, and at all times thereafter, of the principal of and premium, if any, and interest on any of the Senior Notes and of any and all other existing and future indebtedness and liabilities of every kind, nature and character, direct or indirect, absolute or contingent, liquidated or unliquidated, voluntary or involuntary, of the Issuer to the Holders of the Senior Notes arising under the Senior Debt Indenture dated as of October 14, 1997, as amended and supplemented by the First Supplemental Indenture dated as of December 18, 2003, among the Issuer, Sun Trust Bank, as successor trustee, and the guarantors party thereto (such Indenture, as so amended and supplemented and as the same may be further amended or supplemented from time to time, the "Indenture") or the Senior Notes (collectively, the "Guarantied Obligations") in accordance with, and subject to, the terms set forth in Article Thirteen of the Indenture. All capitalized terms used in this Guaranty which are defined in the Indenture shall have the meaning assigned to them in the Indenture. "Each Guarantor and, by its acceptance and ownership of a Senior Note and by its acceptance of any benefits under this Guaranty, each Holder of a Senior Note hereby confirms that it is the intention of all parties that the obligations of the Guarantors under their Guaranties shall not constitute a fraudulent conveyance or fraudulent transfer under any applicable fraudulent conveyance, fraudulent transfer, bankruptcy, insolvency or other similar law of any applicable jurisdiction. To effectuate the foregoing, each Holder of Senior Notes, by its acceptance and ownership of Senior Notes and by its acceptance of any benefits under this Guaranty, and each Guarantor hereby agrees that the obligations of such Guarantor under its Guaranty are limited to the maximum amount as will, after giving effect to all other contingent and fix...
