Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 24 contracts
Samples: Senior Secured Priming and Superpriority Debtor in Possession Credit Agreement (Fairway Group Holdings Corp), Guarantee and Collateral Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Sportsman's Warehouse Holdings, Inc.)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder Guarantee constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent Trustee or any other Secured Party Holder of the Securities to any security the security, if any, held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personObligations.
Appears in 23 contracts
Samples: Twenty Second Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 22 contracts
Samples: Collateral and Guarantee Agreement (Encompass Health Corp), Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.), Credit Agreement (Hawaiian Telcom Holdco, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other person.
Appears in 20 contracts
Samples: Term Loan Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 20 contracts
Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Claires Stores Inc), Guarantee and Collateral Agreement (Claires Stores Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 20 contracts
Samples: Credit Agreement (Fairchild Semiconductor International Inc), Guarantee Agreement (Triton PCS Holdings Inc), Credit Agreement (Alamosa Properties Lp)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 15 contracts
Samples: Second Lien Guarantee and Collateral Agreement (Jda Software Group Inc), Credit Agreement (West Corp), Credit Agreement (Team Health Holdings Inc.)
Guarantee of Payment. Each Guarantor of the Guarantors 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 or collection of any of the 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 Collateral any Agent or any other Secured Party to any security held for the payment of the Obligations or Lender to any balance of any Deposit Account deposit account or credit on the books of the Collateral any Agent or any other Secured Party Lender in favor of the any Borrower or any other personPerson.
Appears in 13 contracts
Samples: Subsidiary Guarantee Agreement, Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 11 contracts
Samples: Credit Agreement (Gci Liberty, Inc.), Credit Agreement (Gci, LLC), Credit Agreement (Gci Liberty, Inc.)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or Guaranteed Parties to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the Borrower or any other personPerson.
Appears in 9 contracts
Samples: Term Loan Agreement (Willis Group Holdings PLC), Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Guaranty Agreement (Willis Group Holdings LTD)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Secured Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower any Loan Party or any other person.
Appears in 8 contracts
Samples: Abl Guarantee and Collateral Agreement (PET Acquisition LLC), Term Loan Guarantee and Collateral Agreement (PET Acquisition LLC), Term Loan Guarantee and Collateral Agreement (PET Acquisition LLC)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower any Borrower, any Account Party or any other personPerson.
Appears in 8 contracts
Samples: Credit Agreement (J C Penney Co Inc), Guarantee and Collateral Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 8 contracts
Samples: Guarantee and Collateral Agreement (DENNY'S Corp), Guarantee and Collateral Agreement (Dennys Corp), Credit Agreement (William Lyon Homes)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.
Appears in 8 contracts
Samples: Guarantee and Pledge Agreement, Guarantee and Pledge Agreement (Cbre Group, Inc.), Amendment and Restatement Agreement (Cbre Group, Inc.)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 8 contracts
Samples: Credit Agreement (Fairchild Semiconductor International Inc), Credit Agreement (Sola International Inc), Credit Agreement (Shared Technologies Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any collateral security held for the payment of the Obligations or to any balance of any Deposit Account deposit or other account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the applicable Borrower or any other person.
Appears in 8 contracts
Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 8 contracts
Samples: Guarantee and Collateral Agreement (US Oncology Holdings, Inc.), Guarantee and Collateral Agreement (St. Louis Pharmaceutical Services, LLC), Guarantee and Collateral Agreement (Ssa Global Technologies, Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 7 contracts
Samples: Subsidiary Guarantee Agreement (Constar International Inc), Subsidiary Guarantee Agreement (Constar Inc), Credit Agreement (SCG Holding Corp)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower Company or any other personPerson.
Appears in 7 contracts
Samples: Reaffirmation Agreement (Goodyear Tire & Rubber Co /Oh/), First Lien Guarantee and Collateral Agreement (Goodyear Tire & Rubber Co /Oh/), Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower Borrowers or any other personPerson.
Appears in 7 contracts
Samples: Credit Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and payable and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the Collateral Agent or any other Loan Secured Party to any security held for the payment of the Loan Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement, Term Loan Agreement (CDW Corp)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.
Appears in 6 contracts
Samples: Guaranty Agreement (ONEOK Partners LP), Guaranty Agreement (Oneok Inc /New/), Guaranty Agreement (ONEOK Partners LP)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Heico Corp), Subsidiary Guaranty Agreement (Easylink Services International Corp), Subsidiary Guarantee Agreement (Aaron Rents Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 5 contracts
Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Guarantee and Collateral Agreement (Buffets Holdings, Inc.), Guarantee and Collateral Agreement (Ryan's Restaurant Leasing Company, LLC)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower any Loan Party or any other person.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (AZEK Co Inc.), Term Loan Guarantee and Collateral Agreement (AZEK Co Inc.), Abl Guarantee and Collateral Agreement (CPG Newco LLC)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 5 contracts
Samples: Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co), Revolving Credit Agreement (Newmarket Corp), Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the its Guaranteed Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Celanese CORP), Credit Agreement (Celanese CORP), Guarantee and Collateral Agreement (Celanese CORP)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Secured Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 5 contracts
Samples: Loan Modification Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC), Guarantee and Collateral Agreement (TransDigm Group INC)
Guarantee of Payment. Each Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 5 contracts
Samples: Credit Agreement (Intersil Holding Co), Subsidiary Guarantee Agreement (Playboy Enterprises Inc), Subsidiary Guarantee Agreement (PSF Holdings LLC)
Guarantee of Payment. Each Guarantor of the Guarantors 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 or collection of any of the 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 Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or Lender to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.
Appears in 5 contracts
Samples: 364 Day Bridge Loan Agreement (Molson Coors Brewing Co), Term Loan Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co)
Guarantee of Payment. Each Subsidiary Guarantor further agrees that its guarantee hereunder the Guarantee constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 5 contracts
Samples: Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co), Credit Agreement (Phillips Van Heusen Corp /De/)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Paying Agent or any other Secured Credit Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Paying Agent or any other Secured Credit Party in favor of the Borrower or any other personPerson.
Appears in 5 contracts
Samples: Guarantee Agreement (Federated Department Stores Inc /De/), Guarantee Agreement (Federated Department Stores Inc /De/), Credit Agreement (Federated Department Stores Inc /De/)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Guaranteed Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the Borrower Sponsor or any other person.
Appears in 4 contracts
Samples: Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Company, Inc.), Guaranty Agreement (Aaron Rents Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes This Guarantee is a guarantee of payment when due and not of collection, and . Each Guarantor waives any right to require that any resort be had by the Collateral Agent Agent, any Issuing Bank or any Bank Secured Party to sue any Borrower, any other Guarantor, any other guarantor, or any other Secured Party to Person obligated for all or any security held for the payment part of the Bank Obligations (each, an “Obligated Party”), or otherwise to any balance enforce its rights in respect of any Deposit Account collateral securing all or credit on the books any part of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personBank Obligations.
Appears in 4 contracts
Samples: Credit Agreement (Pactiv Evergreen Inc.), Specified Refinancing Amendment, Incremental Amendment and Administrative Agency Transfer Agreement (Pactiv Evergreen Inc.), Fourth Amended and Restated Agreement (Pactiv Evergreen Inc.)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder Guarantee constitutes a guarantee of payment payment, performance and compliance when due and not a guarantee of collection, and waives any right to require that any resort be had by the Collateral Agent Trustee or any other Secured Party Holder of the Securities to any security the security, if any, held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personObligations.
Appears in 4 contracts
Samples: Indenture (Hunt J B Transport Services Inc), Indenture (Express Scripts Inc), Indenture (J.B. Hunt Transport, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any collateral security held for the payment of the Obligations or to any balance of any Deposit Account deposit or other account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower ROC or any other person.
Appears in 4 contracts
Samples: Incremental Term Loan Agreement (Rayonier Inc), Incremental Term Loan Agreement, Incremental Term Loan Agreement (Rayonier Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the any Borrower or any other personPerson.
Appears in 4 contracts
Samples: Credit Agreement (Chart Industries Inc), Credit Agreement (Chart Industries Inc), Guarantee and Collateral Agreement (Chart Industries Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Medley Management Inc.), Credit Agreement (AGA Medical Holdings, Inc.), Guarantee and Collateral Agreement (Ameripath Inc)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or Guaranteed Parties to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the any Borrower or any other personPerson.
Appears in 4 contracts
Samples: Guaranty Agreement (Willis Towers Watson PLC), Guaranty Agreement, Credit Agreement (Willis Towers Watson PLC)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Fpic Insurance Group Inc), Bridge Loan Agreement (Kaneb Services LLC), Subsidiary Guarantee Agreement (Kaneb Pipe Line Partners L P)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.
Appears in 4 contracts
Samples: First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp), u.s. Guarantee and Collateral Agreement (TRW Automotive Holdings Corp), Guarantee and Collateral Agreement (TRW Automotive Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Company or any other person.
Appears in 4 contracts
Samples: Credit Agreement (Verso Corp), Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Verso Quinnesec REP Holding Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Community Health Systems Inc), Guarantee and Collateral Agreement (Community Health Systems Inc), Guarantee and Collateral Agreement (Community Health Systems Inc)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Polypore International, Inc.), Guarantee and Collateral Agreement (Polypore International, Inc.), Guarantee and Collateral Agreement (Daramic, LLC)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of the Borrower or any other person.
Appears in 4 contracts
Samples: Credit Agreement (FRP Holdings, Inc.), Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (New Patriot Transportation Holding, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.
Appears in 4 contracts
Samples: Guaranty Agreement (Oneok Inc /New/), Guaranty Agreement (Oneok Inc /New/), Guaranty Agreement (ONEOK Partners LP)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the fullest extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 4 contracts
Samples: Credit Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc), Superpriority Secured Debtor in Possession Credit Agreement (Bristow Group Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent (including in its individual capacity) or any other Secured Party in favor of the Borrower or any other person.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Affinion Group, Inc.), Credit Agreement (Affinion Group, Inc.), Guarantee and Collateral Agreement (Affinion Loyalty Group, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the fullest extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Secured Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 4 contracts
Samples: Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.
Appears in 4 contracts
Samples: Credit Agreement (Advance Auto Parts Inc), Term Loan Credit Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Guarantee of Payment. Each Guarantor further hereby jointly and severally agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collectioncollection of the Guaranteed Obligations, and waives waives, to the extent permitted by applicable law, any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 4 contracts
Samples: Credit Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 4 contracts
Samples: Credit Agreement (United Surgical Partners International Inc), Guarantee and Collateral Agreement (United Surgical Partners International Inc), Credit Agreement (United Surgical Partners International Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a continuing, absolute and unconditional guarantee of payment when due whether at stated maturity, upon acceleration or otherwise and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 4 contracts
Samples: Guarantee Agreement (T-Mobile US, Inc.), Guarantee Agreement (T-Mobile US, Inc.), Secured Revolving Credit Agreement (T-Mobile US, Inc.)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Claires Stores Inc), Guarantee and Collateral Agreement (Claires Stores Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc), Supplemental Indenture (Health Management Associates Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collectioncollection and, and to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 3 contracts
Samples: Credit Agreement (Ashland Global Holdings Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit or other account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the Borrower Rayonier or any other person.
Appears in 3 contracts
Samples: Guarantee (Rayonier Inc), Guarantee (Rayonier Inc), Guarantee (Rayonier Inc)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower Borrowers or any other person.
Appears in 3 contracts
Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Guarantee Agreement (Hexion Inc.), Guarantee Agreement, Guarantee Agreement (Momentive Performance Materials Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower Borrower, any other Loan Party or any other personPerson.
Appears in 3 contracts
Samples: Credit Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Loan Document Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 3 contracts
Samples: Guarantee and Security Agreement (21st Century Oncology Holdings, Inc.), Guarantee and Security Agreement (National Mentor Holdings, Inc.), Guarantee and Security Agreement (National Mentor Holdings, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder the Guarantee constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Massey Energy Co), Guarantee and Collateral Agreement (Alpha Natural Resources, Inc.), Guarantee and Collateral Agreement (Foundation Coal Holdings, Inc.)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder the Guarantee constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Parent Guarantee Agreement (Wright Medical Group Inc), Parent Guarantee Agreement (Citadel Communications Corp), Parent Guarantee Agreement (Lpa Services Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 3 contracts
Samples: Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower JCI or any other personPerson.
Appears in 3 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Guarantee Agreement (Dirsamex Sa De Cv), Guarantee Agreement (Jafra Cosmetics International Sa De Cv)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Credit Agreement Secured Party to any security held for the payment of the Credit Agreement Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Credit Agreement Secured Party in favor of the Borrower Company or any other person.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.), Credit Agreement (Verso Paper Corp.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower Company or any other person.
Appears in 3 contracts
Samples: Senior Secured Term Loan Agreement (Verso Corp), Guarantee and Collateral Agreement (Noranda Aluminum Holding CORP), Credit Agreement (Noranda Aluminum Holding CORP)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Secured Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Guarantee Agreement (Virtus Investment Partners, Inc.), Guarantee Agreement (Virtus Investment Partners, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.
Appears in 3 contracts
Samples: Credit Agreement (Dresser Inc), Domestic Guarantee and Collateral Agreement (Dresser-Rand Group Inc.), Domestic Guarantee and Collateral Agreement (Dresser-Rand Group Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Senior Lien Term Loan Credit Agreement (Forterra, Inc.), Junior Lien Term Loan Credit Agreement (Forterra, Inc.), Senior Lien Term Loan Credit Agreement (Forterra, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and payable and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or Parent Borrower Guaranteed Obligations, as applicable, or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower Borrowers or any other person.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (VWR Funding, Inc.), Guarantee and Collateral Agreement (VWR Funding, Inc.), Guarantee and Collateral Agreement (VWR Funding, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder this Guarantee constitutes a guarantee guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the Collateral or other security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor favour of the Borrower any other Guarantor or any other personPerson or to any other guarantor of all or part of the Guaranteed Obligations.
Appears in 3 contracts
Samples: Credit Agreement (Mercer International Inc.), Credit Agreement (Gibson Energy ULC), Credit Agreement (Johnstone Tank Trucking Ltd.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent Administrative Agent, any Issuing Bank or any other Secured Party Lender to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent Administrative Agent, any Issuing Bank or any other Secured Party Lender in favor of the Borrower or any other personPerson.
Appears in 3 contracts
Samples: Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower any Loan Party or any other person, or any other asset of any Loan Party.
Appears in 3 contracts
Samples: Guarantee Agreement (EVERTEC, Inc.), Guarantee Agreement (EVERTEC, Inc.), Guarantee Agreement (EVERTEC, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Borrower Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Term Loan Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Holdings Corp.)
Guarantee of Payment. Each Guarantor further agrees that its -------------------- guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 3 contracts
Samples: Credit Agreement (Ixl Enterprises Inc), Credit Agreement (Western Auto Supply Co/), Guarantee Agreement (Western Auto Supply Co/)
Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the either Borrower or any other personPerson.
Appears in 3 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Parent Guarantee Agreement (Jafra Cosmetics International Sa De Cv), Parent Guarantee Agreement (Dirsamex Sa De Cv)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and payable and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (ConvergeOne Holdings, Inc.), Guarantee and Collateral Agreement (Forum Merger Corp), Term Loan Agreement (CDW Finance Corp)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent Agents or any other Secured Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent Agents or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 3 contracts
Samples: Guarantee Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc), Guarantee Agreement (Polymer Group Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower or any other personPerson.
Appears in 3 contracts
Samples: Guarantee Agreement, Guarantee Agreement (Liberty Tax, Inc.), Guarantee Agreement (Harvard Bioscience Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the fullest extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Secured Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 2 contracts
Samples: Guaranty Agreement (Barrington Quincy LLC), Guaranty Agreement (Barrington Quincy LLC)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder this Guaranty constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Bank to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party Bank in favor of the any Borrower or any other personPerson.
Appears in 2 contracts
Samples: Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at maturity, by acceleration upon one or more dates set for prepayment or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 2 contracts
Samples: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower any Loan Party or any other person.
Appears in 2 contracts
Samples: Abl Guarantee and Collateral Agreement (Smart & Final Stores, Inc.), First Lien Term Loan Guarantee and Collateral Agreement (Smart & Final Stores, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other personPerson.
Appears in 2 contracts
Samples: Credit Agreement (Crown Holdings Inc), u.s. Guarantee Agreement (Crown Holdings Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of performance and of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 2 contracts
Samples: Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc), Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account (as defined in the Collateral Agreement) or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, the Co-Borrower or any other personPerson.
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Credit Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Credit Party in favor of the Borrower or any other person.
Appears in 2 contracts
Samples: Credit Agreement (Lifetime Brands, Inc), Guarantee Agreement (Monitronics International Inc)
Guarantee of Payment. Each Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Clearlake Capital Partners, LLC), Guarantee and Collateral Agreement (Goamerica Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any other Guarantor or any Guaranteed Party to any security held for the payment of the Secured Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other personPerson.
Appears in 2 contracts
Samples: Credit Agreement (Resolute Forest Products Inc.), Abl Credit Agreement (AbitibiBowater Inc.)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the a Borrower or any other person.
Appears in 2 contracts
Samples: Abl Credit Agreement (Noranda Aluminum Holding CORP), Guarantee and Collateral Agreement (Noranda Aluminum Holding CORP)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other personPerson.
Appears in 2 contracts
Samples: u.s. Guarantee Agreement (Crown Holdings Inc), Guarantee Agreement (Crown Holdings Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, collection and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the TCAC’s Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower TCAC or any other personPerson.
Appears in 2 contracts
Samples: Credit Agreement (Smith & Wesson Holding Corp), Guaranty (Smith & Wesson Holding Corp)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.
Appears in 2 contracts
Samples: First Lien Guarantee and Collateral Agreement, First Lien Guarantee and Collateral Agreement (Jda Software Group Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, collection and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Holdings’ Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Holdings or any other personPerson.
Appears in 2 contracts
Samples: Credit Agreement (Smith & Wesson Holding Corp), Operating Companies Guaranty (Smith & Wesson Holding Corp)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Marathon Power Technologies Co), Guarantee and Collateral Agreement (CCC Information Services Group Inc)
Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Nalco Holding CO), Guarantee and Collateral Agreement (Nalco Energy Services Equatorial Guinea LLC)
Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower or any other personPerson.
Appears in 2 contracts
Samples: Credit Agreement (Usg Corp), Guarantee Agreement (Usg Corp)