Common use of Guarantee of Payment; Continuing Guarantee Clause in Contracts

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 18 contracts

Samples: Collateral Agreement (Blue Buffalo Pet Products, Inc.), Collateral Agreement (Blue Bird Corp), Credit Agreement (Amplify Snack Brands, INC)

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Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 9 contracts

Samples: Credit Agreement (SVMK Inc.), Senior Secured Term Loan Agreement (Seritage Growth Properties), Credit Agreement (SVMK Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the BorrowerBorrowers, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 7 contracts

Samples: Master Guarantee Agreement, Collateral Agreement (SMART Global Holdings, Inc.), Collateral Agreement (SMART Global Holdings, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the Borrower, any other Loan Credit Party or any other Person. Each Subsidiary Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement (Facebook Inc), Credit Agreement

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 5 contracts

Samples: Security Agreement (MSG Entertainment Spinco, Inc.), Security Agreement (MSG Entertainment Spinco, Inc.), Security Agreement (Madison Square Garden Co)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives diligence, marshaling, and any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the any Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed the Secured Obligations, whether currently existing or hereafter incurred.

Appears in 4 contracts

Samples: First Lien Guarantee Agreement (Franchise Group, Inc.), Second Lien Guarantee Agreement (Franchise Group, Inc.), First Lien Guarantee Agreement (Franchise Group, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 4 contracts

Samples: Collateral Agreement (Pathfinder Acquisition Corp), Guarantee Agreement (Vacasa, Inc.), Guarantee Agreement (EverCommerce Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account (other than an Excluded Account) or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 4 contracts

Samples: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 3 contracts

Samples: Agreement (Costar Group Inc), Credit Agreement (Costar Group Inc), Credit Agreement (Costar Group Inc)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 3 contracts

Samples: Credit Agreement (NCR Corp), Guarantee and Pledge Agreement (NCR Corp), Credit Agreement (NCR Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives waives, to the extent permitted by applicable law, any right to require that any resort be had by the Administrative Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Credit Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations (other than, in the case of its Guaranteed Obligationsany guarantee by any Subsidiary Credit Party, any Obligations of Parent), whether currently existing or hereafter incurred.

Appears in 3 contracts

Samples: Credit Agreement (Navistar International Corp), Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 3 contracts

Samples: Term Credit Agreement (Fossil Group, Inc.), Guarantee and Collateral Agreement (Bz Intermediate Holdings LLC), Credit Agreement (Bz Intermediate Holdings LLC)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 3 contracts

Samples: Master Guarantee Agreement (NorthStar Asset Management Group Inc.), Master Guarantee Agreement (NorthStar Asset Management Group Inc.), Credit Agreement (NorthStar Asset Management Group Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Intercreditor Agreement (Amc Entertainment Holdings, Inc.), Master Guarantee Agreement (Interactive Data Holdings Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative First Lien Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative First Lien Collateral Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed the Secured Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Guarantee Agreement (Sotera Health Co), Guarantee Agreement (Sotera Health Topco, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed the Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Assignment and Acceptance (Hess Midstream Partners LP), Assignment and Acceptance (Hess Midstream Partners LP)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed the Secured Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Guarantee Agreement (Gogo Inc.), Term Guarantee Agreement (Builders FirstSource, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee Guarantee hereunder constitutes a guarantee Guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party Party, or any other Person. Each Guarantor agrees that its guarantee Guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Collateral Agreement (Allegion PLC), Guarantee and Collateral Agreement (Allegion PLC)

Guarantee of Payment; Continuing Guarantee. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives diligence, marshaling, and any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the any Borrower, any other Loan Party or any other Person. Each The Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed the Secured Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Second Lien Guarantee Agreement (Franchise Group, Inc.), First Lien Guarantee Agreement (Franchise Group, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the BorrowerCompany, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Credit Agreement (Diplomat Pharmacy, Inc.), Guarantee and Collateral Agreement (Diplomat Pharmacy, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Term Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Term Collateral Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed the Secured Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Term Guarantee Agreement (Installed Building Products, Inc.), Term Guarantee Agreement (Installed Building Products, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the BorrowerCompany, any Borrowing Subsidiary, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Credit Agreement (Knowles Corp), Credit Agreement (Knowles Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar other proceeding under any Debtor Relief Laws shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its the Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Guarantee Agreement (Noble Midstream Partners LP), Guarantee Agreement (Noble Midstream Partners LP)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding under any Debtor Relief Laws shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Equal Priority Intercreditor Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Samples: Credit Agreement (ChampionX Corp), Guarantee and Collateral Agreement (Affinia Group Intermediate Holdings Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (Shutterfly Inc)

Guarantee of Payment; Continuing Guarantee. Each i)Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the BorrowerBorrowers, any other Loan Party party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Harman International Industries Inc /De/)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and and, subject to the parenthetical in the first sentence of Section 2(a), applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (Trinet Group Inc)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Collateral Agreement (Aspen Technology Inc /De/)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.. No Limitations

Appears in 1 contract

Samples: Credit Agreement (Chemours Co)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether (i) at the stated maturity, by acceleration or otherwise and (ii) or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the BorrowerCompany, any other Loan Party party, or any other Personperson. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Vistancia Marketing, LLC)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Collateral Agreement (Virtu Financial, Inc.)

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Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Company, the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Guarantee Agreement (Orbotech LTD)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Collateral Agreement (Skyline Champion Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations of any other Loan Party or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Secured Obligations of its Guaranteed Obligationsany other Loan Party, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (Pandora Media, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Loan Document Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Loan Document Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the either Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Loan Document Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Term Credit Agreement (Ascena Retail Group, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred. SECTION 2.03.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the any Borrower, any other Loan Party Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (Murphy USA Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor Guar- antor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collectioncollec- tion, and waives any right to require that any resort be had by the Administrative First Lien Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative First Lien Collateral Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed the Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: First Lien Guarantee Agreement (Sotera Health Co)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a an absolute, irrevocable and unconditional guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (TPG Partners, LLC)

Guarantee of Payment; Continuing Guarantee. (a) Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Credit Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Credit Party in favor of the BorrowerBorrowers, any other Loan Party party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Guarantee Agreement (Harman International Industries Inc /De/)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of Holdings, the BorrowerCompany, any other Loan Party Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Affinia Group Intermediate Holdings Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives waives, to the extent permitted by applicable law, any right to require that any resort be had by the Administrative Agent or any other Guaranteed Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Party in favor of the BorrowerCompany, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (Kla Tencor Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (Netscout Systems Inc)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Assignment and Assumption (Trinet Group Inc)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent, the Collateral Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent, the Collateral Agent or any other Guaranteed Secured Party in favor of the BorrowerBorrowers, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (Seadrill Partners LLC)

Guarantee of Payment; Continuing Guarantee. (a) Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the BorrowerBorrowers, any other Loan Party party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Harman International Industries Inc /De/)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the BorrowerBorrowers, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Credit Agreement (Mellanox Technologies, Ltd.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual of collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed the Secured Obligations, whether currently existing or hereafter incurred, subject to such guarantee.

Appears in 1 contract

Samples: Credit Agreement (Broadcom LTD)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees agrees, subject to the Order, that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Loan Document Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Loan Document Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the either Borrower, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Loan Document Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Ascena Retail Group, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the BorrowerCompany, any other Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Guaranteed Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Samples: Intercreditor Agreement (Ascena Retail Group, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee Guarantee hereunder constitutes a guarantee Guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other or similar proceeding shall have stayed the accrual of or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Guaranteed Secured Party to any security held for the payment of any of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Guaranteed Secured Party in favor of the Borrower, any other Loan Party Party, or any other Person. Each Guarantor agrees that its guarantee Guarantee hereunder is continuing in nature and applies to all of its Guaranteed Obligations, whether currently existing or hereafter incurred. SECTION 2.03.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement

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