Form of Subsidiary Guaranty. This Guaranty is made as of , by , a (“Guarantor”), to and for the benefit of XX Xxxxxx Xxxxx Bank, N.A., individually (“XX Xxxxxx Chase Bank”) and as administrative agent (“Administrative Agent”) for itself and the lenders under the Term Loan Agreement (as defined below) and their respective successors and assigns (collectively, the “Lenders”).
Form of Subsidiary Guaranty. This Subsidiary Guaranty Agreement (this “Guaranty”) is dated as of June 28, 2022, by each of the Subsidiaries of STAG Industrial Operating Partnership, L.P., a Delaware limited partnership (“Issuer”), listed on Schedule 1 attached hereto or who become a party hereto pursuant to Section 20 below (each a “Guarantor” and collectively, “Guarantors”), for the benefit of the Purchasers (as defined below) and the other holders from time to time of the Notes (as defined below). The Purchasers and such other holders are herein collectively called the “holders” and individually a “holder.”
Form of Subsidiary Guaranty. C. . . . . . . . . . . . . . . . . . . . . . Form of Cadiz Agreement
Form of Subsidiary Guaranty. In addition, each Guarantor agrees to pay any and all present or future stamp, court or documentary taxes and any other excise or property taxes or charges or similar levies which arise from any payment made under the Guarantor Documents or from the execution, delivery, performance, enforcement or registration of, or otherwise with respect to, the Guarantor Documents (hereinafter referred to as “Other Taxes”).
Form of Subsidiary Guaranty. 49684497.9
Form of Subsidiary Guaranty. This SUBSIDIARY GUARANTY (as amended, supplemented, amended and restated or otherwise modified from time to time, this “Guaranty”), dated as of _____________, 200_, is made by each U.S. Subsidiary of HECLA MINING COMPANY, a Delaware corporation (the “Borrower”) party hereto (each individually a “Guarantor” and collectively, the “Guarantors”) in favor of THE BANK OF NOVA SCOTIA, as administrative agent (together with its successor(s) thereto in such capacity, the “Administrative Agent”) for each of the Secured Parties (capitalized terms used herein have the meanings set forth in or incorporated by reference in Article I).
Form of Subsidiary Guaranty. 9. Notwithstanding anything to the contrary contained herein, the obligations of each Guarantor hereunder shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code (Title 11, United States Code) or any comparable provisions of any applicable state law.
10. Each Guarantor represents and warrants for and with respect to itself that:
(a) Such Guarantor (i) is a corporation duly organized or formed, validly existing and in good standing under the Laws of the jurisdiction of its incorporation or organization, (ii) has all requisite power and authority and all governmental licenses, authorizations, consents and approvals to own its assets, carry on its business and to execute, deliver, and perform its obligations under this Guaranty, (iii) is duly qualified and is licensed and in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, and (iv) is in compliance with all Laws, except in each case referred to in clause (iii) or this clause (iv), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect;
(b) The execution, delivery and performance by such Guarantor of this Guaranty, have been duly authorized by all necessary corporate or other organizational action, and do not and will not (i) contravene the terms of any of such Guarantor's Organization Documents; (ii) conflict with or result in any breach or contravention of, or the creation of any Lien under, any Contractual Obligation to which such Guarantor is a party or any order, injunction, writ or decree of any Governmental Authority to which such Guarantor or its property is subject; or (iii) violate any Law, except in each case referred to in clause (ii) or this clause (iii), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect;
Form of Subsidiary Guaranty. (g) The execution, delivery and performance by such Guarantor of this Guaranty does not constitute, to the knowledge of Guarantor, a "fraudulent conveyance," "fraudulent obligation" or "fraudulent transfer" within the meanings of the Uniform Fraudulent Conveyances Act or Uniform Fraudulent Transfer Act, as enacted in any jurisdiction.
Form of Subsidiary Guaranty. Any Person becoming a domestic Subsidiary shall become a Guarantor hereunder by executing and delivering a joinder agreement in the form of Exhibit A hereto and by complying with the terms of Section 6.14
Form of Subsidiary Guaranty. Guaranty shall, subject to Section 26 hereof, continue in effect and be binding upon each Guarantor until termination of the Commitments and payment and performance in full of the Guaranteed Obligations.
