Common use of Guarantee Clause in Contracts

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 60 contracts

Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Guarantee and Collateral Agreement (Marriott Vacations Worldwide Corp)

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Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 45 contracts

Samples: Credit Agreement (Tenneco Inc), Credit Agreement (American Real Estate Partners L P), Credit Agreement (Pike Holdings, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and each of their respective successors, indorseesendorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower and the Guarantors when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations. This is a guarantee of payment and not collection and the liability of each Guarantor is primary and not secondary.

Appears in 17 contracts

Samples: Guaranty and Collateral Agreement (Starboard Resources, Inc.), Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp), Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp)

Guarantee. (ai) Each of the The Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantee to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorseesendorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 16 contracts

Samples: Subsidiary Guarantee, Subsidiary Guarantee (Cardax, Inc.), Subsidiary Guarantee (Dthera Sciences)

Guarantee. (a) Each of the Subsidiary Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Collateral Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees indorsees and assignstransferees, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Guaranteed Obligations.

Appears in 13 contracts

Samples: Subsidiary Guarantee Agreement (Tennessee Gas Pipeline Co), Subsidiary Guarantee Agreement (El Paso Corp/De), Credit Agreement (El Paso Natural Gas Co)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations owed to the Secured Parties.

Appears in 11 contracts

Samples: Guarantee and Collateral Agreement (Cornerstone Building Brands, Inc.), Cash Flow Guarantee and Collateral Agreement (Nci Building Systems Inc), Term Loan Guarantee and Collateral Agreement (Nci Building Systems Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Collateral Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 11 contracts

Samples: Credit Agreement (Calpine Corp), Credit Agreement (First Wind Holdings Inc.), Intercreditor Agreement (First Wind Holdings Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, The Guarantor hereby unconditionally and irrevocably, irrevocably guarantees to the Administrative Agent, for Agent and the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 10 contracts

Samples: Bridge Credit and Guarantee Agreement (H&r Block Inc), Bridge Credit and Guarantee Agreement (H&r Block Inc), Bridge Credit and Guarantee Agreement (H&r Block Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, Collateral Agent for the ratable benefit of the Administrative Agent, the Collateral Agent, the other Secured Parties and their respective permitted successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 9 contracts

Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Engility Holdings, Inc.), First Lien Guarantee and Collateral Agreement (Engility Holdings, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of each and all of the Borrower Obligations.

Appears in 9 contracts

Samples: Guarantee and Collateral Agreement (Protection One Alarm Monitoring Inc), Guarantee and Collateral Agreement (IAA Acquisition Corp.), Guarantee and Collateral Agreement (Adesa California, LLC)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the each Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations of such Borrower owed to the Secured Parties.

Appears in 8 contracts

Samples: Guarantee and Collateral Agreement, Term Loan Guarantee and Collateral Agreement (SiteOne Landscape Supply, Inc.), Guarantee and Collateral Agreement (SiteOne Landscape Supply, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, The Guarantor hereby unconditionally and irrevocably, irrevocably guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 8 contracts

Samples: Credit Agreement (Agl Resources Inc), Credit Agreement (Agl Resources Inc), Guarantee Agreement (Agl Resources Inc)

Guarantee. (a) Each of the Guarantors herebyThe Guarantor hereby unconditionally, jointly absolutely and severally, unconditionally and irrevocably, irrevocably guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower from time to time as and when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 8 contracts

Samples: Joinder Agreement (Agl Resources Inc), Term Loan Credit Agreement (Agl Resources Inc), Bridge Term Loan Credit Agreement (Agl Resources Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Borrowers when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 8 contracts

Samples: Guarantee and Collateral Agreement (Accuride Corp), Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Accuride Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of each and all of the Borrower Obligations; provided, that obligations of any Loan Party under or in respect of any Specified Hedge Agreement or any Specified Cash Management Agreement shall be guaranteed only to the extent that, and for so long as, the other Obligations are so guaranteed.

Appears in 7 contracts

Samples: Guarantee and Collateral Agreement (Lantheus Holdings, Inc.), Credit Agreement (Lantheus Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.)

Guarantee. (a) Each Subject to the provisions of Section 2.01(b), each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 7 contracts

Samples: Term Loan Credit Agreement (NBCUniversal Media, LLC), Guarantee Agreement, Guarantee Agreement

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantees, as primary obligor and not merely as surety, to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsGuaranteed Parties, the prompt and complete payment payment, and not collection, and performance by the Borrower Company and each Subsidiary Borrower, as applicable, when due (whether at the stated maturity, by acceleration or otherwise) and at all times thereafter, of the Borrower all Guaranteed Obligations.

Appears in 6 contracts

Samples: Guarantee Agreement (General Motors Financial Company, Inc.), Credit Agreement (General Motors Financial Company, Inc.), Guarantee Agreement (General Motors Financial Company, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assignsassigns permitted hereunder, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 6 contracts

Samples: And Guarantee Agreement (Us Concrete Inc), Guarantee and Security Agreement (Terra Industries Inc), Credit and Guarantee Agreement

Guarantee. (a) Each of the Subsidiary Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due and by the Foreign Subsidiary Borrowers when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations and the Foreign Subsidiary Borrower Obligations.

Appears in 6 contracts

Samples: Guarantee Agreement (Kadant Inc), Credit Agreement (Kadant Inc), Guarantee Agreement (Kadant Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Borrowers and each other Loan Party when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 6 contracts

Samples: Based Revolving Credit Agreement (Alpha Metallurgical Resources, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Warrior Met Coal, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, Collateral Agent for the ratable benefit of the Secured Parties and their respective permitted successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 5 contracts

Samples: Credit Agreement (PGA Holdings, Inc.), First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.), First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, The Guarantor hereby unconditionally and irrevocably, irrevocably guarantees to the Administrative Agent, for Agent and the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise, or at any later maturity date as a result of one or more Extensions) of the Borrower Obligations.

Appears in 5 contracts

Samples: Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Borrowers when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Grove Holdings Capital Inc), Credit Agreement (Ddi Corp), Credit Agreement (Interstate Bakeries Corp/De/)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and each of their respective successors, indorseesendorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower and the Guarantors when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Secured Obligations. This is a guarantee of payment and not collection and the liability of each Guarantor is primary and not secondary.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Sundance Energy Australia LTD), Guarantee and Collateral Agreement (Sundance Energy Australia LTD), Guarantee and Collateral Agreement (Sundance Energy Australia LTD)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, indorsees and permitted transferees and assigns, the prompt and complete payment and performance by the Borrower Borrowers when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Secured Obligations.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Ollie's Bargain Outlet Holdings, Inc.), Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.), Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantees, as a primary obligor and not merely as a surety, to the Collateral Agent for the benefit of the Administrative Agent, for the ratable benefit of Collateral Agent, and the other Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment when due and performance by the Borrower when due and each other Guarantor (whether at the stated maturity, by acceleration or otherwise) of the Borrower Secured Obligations.

Appears in 5 contracts

Samples: Credit Agreement (Revlon Consumer Products Corp), Term Loan Guarantee and Collateral Agreement (Revlon Inc /De/), Guarantee and Collateral Agreement (Revlon Inc /De/)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Loan Parties when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsPrimary Obligations of the Loan Parties.

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Horizon Global Corp), Credit Agreement (Horizon Global Corp), Intercreditor Agreement (Horizon Global Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations (other than, with respect to any Guarantor, any Excluded Swap Obligations of such Guarantor).

Appears in 5 contracts

Samples: Credit Agreement (Colony NorthStar, Inc.), Credit Agreement (Colony Capital, Inc.), Credit Agreement (AOL Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (GNC Holdings, Inc.), Intercreditor Agreement (Fender Musical Instruments Corp), Intercreditor Agreement (Fender Musical Instruments Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 5 contracts

Samples: Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (Comcast Cable Communications Inc)

Guarantee. (a) Each of the Guarantors Guarantor hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Collateral Agent, on behalf and for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Borrowers when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Cypress Energy Partners, L.P.), Credit Agreement (Cypress Energy Partners, L.P.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Agents and the Lenders and their respective permitted successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Assumption Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the applicable Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the each Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations of such Borrower owed to the applicable Secured Parties.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Unistrut International Holdings, LLC), Guarantee and Collateral Agreement (Unistrut International Holdings, LLC), Term Loan Credit Agreement (RSC Holdings Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Collateral Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower or the Subsidiaries of the Borrower, as applicable, when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Guaranteed Obligations.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantees, as primary obligor and not merely as surety, to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsGuaranteed Parties, the prompt and complete payment payment, and not collection, and performance by the Company, each Subsidiary Borrower, each Ancillary Borrower and each Applicable Account Party, as applicable, when due (whether at the stated maturity, by acceleration or otherwise) and at all times thereafter, of the Borrower all Guaranteed Obligations.

Appears in 4 contracts

Samples: Guarantee Agreement (General Motors Financial Company, Inc.), Guarantee Agreement (General Motors Financial Company, Inc.), Guarantee Agreement (General Motors Financial Company, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and permitted assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Cumulus Media Inc), First Lien Guarantee and Collateral Agreement (Cumulus Media Inc), Guarantee and Collateral Agreement (Citadel Broadcasting Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, The Guarantor hereby unconditionally and irrevocably, guarantees guarantees, as a primary obligor and not merely as a surety, to the Collateral Agent for the benefit of the Administrative Agent, for the ratable benefit of Collateral Agent, and the other Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment when due and performance by the Borrower when due and each other Guarantor (whether at the stated maturity, by acceleration or otherwise) of the Borrower Secured Obligations.

Appears in 4 contracts

Samples: Term Loan Guarantee and Pledge Agreement (Revlon Inc /De/), Guarantee and Collateral Agreement (Revlon Inc /De/), Guarantee and Pledge Agreement (Revlon Inc /De/)

Guarantee. (a) Each of the U.S. Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the each Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations of such Borrower owed to the Secured Parties.

Appears in 4 contracts

Samples: Assumption Agreement (Veritiv Corp), Assumption Agreement (Veritiv Corp), Assumption and Supplemental Agreement (Veritiv Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Collateral Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Company when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Company Obligations.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.), Security Agreement (HC Innovations, Inc.), Security Agreement (HC Innovations, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, successors and permitted indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Burger King Worldwide, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Burger King Holdings Inc)

Guarantee. (ai) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.. “

Appears in 4 contracts

Samples: Credit Agreement (Eastman Kodak Co), Guarantee and Collateral Agreement (Eastman Kodak Co), Guarantee and Collateral Agreement (Eastman Kodak Co)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Parties, as a primary obligor and their respective successors, indorsees, transferees and assignsnot merely as surety, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations owed to the Secured Parties.

Appears in 4 contracts

Samples: Intercreditor Agreement (Us LBM Holdings, Inc.), Assumption Agreement (Us LBM Holdings, Inc.), Intercreditor Agreement (Us LBM Holdings, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, successors and permitted indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Borrowers when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Readers Digest Association Inc), Guarantee and Collateral Agreement (ABX Holdings, Inc.), Guarantee and Collateral Agreement (Readers Digest Association Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by each other Guarantor, including the Borrower Borrower, when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Post Holdings, Inc.), Guarantee and Collateral Agreement (Post Holdings, Inc.), Guarantee and Collateral Agreement (Bellring Brands, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, The Guarantor hereby unconditionally and irrevocably, irrevocably guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and each of their respective successors, indorseesendorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower and its Subsidiaries when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations. This is a guarantee of payment and not collection and the liability of the Guarantor is primary and not secondary.

Appears in 4 contracts

Samples: Second Lien Guarantee and Pledge Agreement (Kodiak Oil & Gas Corp), Guarantee and Pledge Agreement (Kodiak Oil & Gas Corp), Guarantee and Pledge Agreement (Kodiak Oil & Gas Corp)

Guarantee. (ai) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Creditors and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (PNG Ventures Inc), Control Agreement (Earth Biofuels Inc), Control Agreement (PNG Ventures Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Collateral Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Iac/Interactivecorp), Credit Agreement (Iac/Interactivecorp), Credit Agreement (Match Group, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their Affiliates and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Loan Parties when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsPrimary Obligations (other than, with respect to any Guarantor, any Excluded Swap Obligations of such Guarantor).

Appears in 4 contracts

Samples: Guarantee Agreement (Tenneco Inc), Collateral Agreement (Tenneco Inc), Patent Status Report (Tenneco Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and --------- severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: And Collateral Agreement (Nationwide Credit Inc), Guarantee and Collateral Agreement (Bedding Experts Inc), Guarantee and Collateral Agreement (LFC Armored of Texas Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 4 contracts

Samples: Day Credit Agreement (Alliant Energy Corp), Credit Agreement (Big City Radio Inc), Guarantee and Collateral Agreement (Aftermarket Technology Corp)

Guarantee. (a) Each Subject to the provisions of Section 2(b), each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and the Issuing Lender and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Pledge Agreement (Denali Inc), Subsidiaries Guarantee (Unidigital Inc), Denali Inc

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Collateral Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Imperial Holly Corp), Guarantee and Collateral Agreement (Imperial Holly Corp), Guarantee and Collateral Agreement (Imperial Holly Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Restatement Agreement (Constellation Brands, Inc.), Project Financing Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Collateral Agent for the benefit of the Administrative Agent, for the ratable benefit of Collateral Agent, and the other Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Covetrus, Inc.), Intercreditor Agreement (Covetrus, Inc.), Guarantee and Collateral Agreement (Booz Allen Hamilton Holding Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the each Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of such Borrower Obligations of such Borrower owed to the Borrower Obligationsapplicable Secured Parties.

Appears in 3 contracts

Samples: Collateral Agreement (Hd Supply, Inc.), Guarantee and Collateral Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assignsassigns permitted hereunder, the prompt and complete payment and performance by the Borrower (or, in the case of any Specified Letter of Credit, the relevant Group Member(s)) when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.;

Appears in 3 contracts

Samples: Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Allscripts-Misys Healthcare Solutions, Inc.), Guarantee and Collateral Agreement (Business Sound Inc), Credit Agreement (Business Sound Inc)

Guarantee. (ai) Each of the Subsidiary Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Lender Parties and their respective successors, indorsees, transferees and assignsassigns permitted hereunder, the prompt and complete payment and performance by the Borrower Loan Parties when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations (other than, with respect to any Subsidiary Guarantor, any Excluded Swap Obligations of such Subsidiary Guarantor).

Appears in 3 contracts

Samples: Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc)

Guarantee. (a) Each Subject to the provisions of Section 2(b), each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Comcast Corp), Bridge Loan Agreement (General Electric Co), Credit Agreement (Corning Consumer Products Co)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Guaranteed Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Credit Agreement (AV Homes, Inc.), Guarantee Agreement (M I Homes Inc), Collateral Agreement (Universal Health Services Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations of all Borrowers.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Anacomp Inc), Credit and Guarantee Agreement (Nbty Inc), Guarantee and Collateral Agreement (Anacomp Inc)

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Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the each Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations of such Borrower owed to the Secured Parties.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Great North Imports, LLC), Credit Agreement (Emergency Medical Services CORP), Guarantee and Collateral Agreement (Emergency Medical Services CORP)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantees, as primary obligor and not merely as surety, to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsGuaranteed Parties, the prompt and complete payment and performance by the Borrower Company and each Subsidiary Borrower, as applicable, when due (whether at the stated maturity, by acceleration or otherwise) and at all times thereafter, of the Borrower all Guaranteed Obligations.

Appears in 3 contracts

Samples: Guarantee Agreement (General Motors Financial Company, Inc.), Guarantee Agreement (General Motors Co), Guarantee Agreement (General Motors Co)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, as a primary obligor and not merely as a surety, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, successors and permitted indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Guaranteed Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Guarantee Agreement (Centurylink, Inc), Guarantee Agreement (Centurylink, Inc), Guarantee Agreement (Centurylink, Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Loan Parties when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsPrimary Obligations (other than any Excluded Swap Obligations or Primary Obligations of such Guarantor).

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Guarantee and Collateral Agreement (MARRIOTT VACATIONS WORLDWIDE Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantees, as primary obligor and not merely as surety, to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsGuaranteed Parties, the prompt and complete payment payment, and not collection, and performance by the Borrower Company when due (whether at the stated maturity, by acceleration or otherwise) and at all times thereafter, of the Borrower all Guaranteed Obligations.

Appears in 3 contracts

Samples: Guarantee Agreement (General Motors Co), Day Revolving Credit Agreement (General Motors Co), Guarantee Agreement (General Motors Co)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, successors and permitted indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Credit and Guarantee Agreement (RDA Holding Co.), Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Revolving Credit and Guarantee Agreement (RDA Holding Co.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsCredit Parties, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of each and all of the Borrower Obligations. The Guarantors agree that this guarantee is a guarantee of payment and performance and not of collection.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (MPT Operating Partnership, L.P.), Guarantee Agreement (MPT Operating Partnership, L.P.), Term Loan Agreement (MPT Operating Partnership, L.P.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Global Decisions Group LLC), And Collateral Agreement (Ev International Inc), Guarantee and Collateral Agreement (Telex Communications Inc)

Guarantee. (a) Each Subject to the provisions of paragraph 2(b), each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Subsidiaries' Guarantee (Hanover Compressor Co /), Meridian Resource Corp, Meridian Resource Corp

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Agent and Lenders and their respective successors, indorsees, transferees transfers and assignsassigns to the extent permitted by and in accordance with the Credit Agreement, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Biotricity Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, Agent for the ratable benefit of the Secured Parties and their respective successors, indorseesendorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower all Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for itself and for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Borrowers when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations (other than its own Borrower Obligations for which it is liable as a Borrower).

Appears in 3 contracts

Samples: Guaranty and Collateral Agreement (Furmanite Corp), Guaranty and Collateral Agreement (Furmanite Corp), Credit Agreement (Furmanite Corp)

Guarantee. (a) Each of the Guarantors Grantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, and permitted indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Assignment and Assumption (Dole Food Co Inc), Assignment and Assumption (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the each Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations of such Borrower.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (VWR International, Inc.), Guarantee and Collateral Agreement (VWR International, Inc.), Guarantee and Collateral Agreement (Servicemaster Co)

Guarantee. (a) Each of the Guarantors The Guarantor hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Borrowers when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Eaton Vance Corp), Credit Agreement (Eaton Vance Corp), Credit Agreement (Eaton Vance Corp)

Guarantee. (a) Each of the Guarantors herebyGuarantor, jointly and severally, hereby unconditionally and irrevocably, irrevocably guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorseesendorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower as and when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Time Warner Cable Inc.), Credit Agreement (Time Warner Cable Inc.), Credit Agreement (Time Warner Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorseesendorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower all Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assignsassigns permitted hereunder, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.;

Appears in 2 contracts

Samples: Credit and Guarantee Agreement, Credit and Guarantee Agreement (Sirva Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantees, as primary obligor and not merely as surety, to the Administrative Agent, for the ratable benefit of itself, the Secured Parties other Agents, the Banks and any other Person holding any Obligation and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Company when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

Samples: Guarantee Agreement (Istar Financial Inc), Guarantee Agreement (Istar Financial Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, Collateral Agent for its benefit and for the ratable benefit of the other Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

Samples: Assumption Agreement (Generac Holdings Inc.), Second Lien Guarantee and Collateral Agreement (Generac Holdings Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, Agent for the ratable benefit of the Administrative Agent, the other Secured Parties and their respective permitted successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

Samples: And Collateral Agreement (Allison Transmission Holdings Inc), Guarantee and Collateral Agreement (Allison Transmission Holdings Inc)

Guarantee. (a) Each of the Guarantors other than the Borrower hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

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

Guarantee. (a) Each of the The Guarantors hereby, jointly and severally, unconditionally unconditionally, absolutely and irrevocably, guarantees guarantee to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Anc Rental Corp), Guarantee and Collateral Agreement (Anc Rental Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Administrative Agent and the Lenders and their respective successors, indorseesendorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower all Obligations.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Appleton Papers Inc/Wi)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Company when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Company Obligations.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (CSK Auto Corp), Guarantee and Collateral Agreement (CSK Auto Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, absolutely, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (B&g Foods Holdings Corp), Guarantee and Collateral Agreement (B&g Foods Inc)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocablyirrevocably guarantees, guarantees as a primary obligor and not merely as a surety, to the Administrative Agent, for the ratable benefit of the Secured Guaranteed Parties and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

Samples: Subsidiary Guaranty (USA Synthetic Fuel Corp), Subsidiary Guaranty (USA Synthetic Fuel Corp)

Guarantee. 2.1Guarantee (a) Each of the Guarantors hereby, jointly and severally, hereby unconditionally and irrevocably, irrevocably guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, permitted transferees and permitted assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Obligations of each Borrower Obligationsother than any Obligation that, if guaranteed by such Guarantor, would constitute an Excluded Swap Obligation.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (ARC Group Worldwide, Inc.), Guarantee and Collateral Agreement

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, successors and permitted indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower Loan Parties when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsPrimary Obligations (other than, with respect to any Guarantor, any Excluded Swap Obligations of such Guarantor).

Appears in 2 contracts

Samples: Credit Agreement (Rent a Center Inc De), Guarantee and Collateral Agreement (Rent a Center Inc De)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (HSI IP, Inc.), Guarantee and Collateral Agreement (Us Office Products Co)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the General Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower Obligations.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (SMTC Corp), Credit Agreement (Safety Kleen Corp/)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, absolutely, unconditionally and irrevocably, guarantees to the Administrative Collateral Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assigns, as a primary obligor and not merely as surety, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower all Guaranteed Obligations.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Micron Technology Inc), Guarantee and Collateral Agreement (Micron Technology Inc)

Guarantee. (ac) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantees, as primary obligor and not merely as surety, to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsGuaranteed Parties, the prompt and complete payment payment, and not collection, and performance by the Borrower Company and each Subsidiary Borrower, as applicable, when due (whether at the stated maturity, by acceleration or otherwise) and at all times thereafter, of the Borrower all Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (General Motors Co), Guarantee Agreement (General Motors Financial Company, Inc.)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees guarantees, as a primary obligor and not merely as a surety, to the Collateral Agent for the benefit of the Administrative Agent, for the ratable benefit Collateral Agent (as representative (mandatario con rappresentanza) of the Secured Parties Parties), and their respective successors, indorsees, transferees and assignsthe other Secured Parties, the prompt and complete payment when due and performance by the Borrower when due Borrowers and each other Loan Party (whether at the stated maturity, by acceleration or otherwise) of the Borrower Secured Obligations.

Appears in 2 contracts

Samples: Guarantee Agreement (Revlon Inc /De/), Parent Guarantee Agreement (Revlon Inc /De/)

Guarantee. (ai) Each of the Guarantors herebyGuarantors, jointly and severally, unconditionally and irrevocably, hereby guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties identified (and their respective successors, indorsees, transferees and assignsdefined) in the Credit Agreement, the prompt and complete payment and performance by the Borrower Company when due (whether at the stated maturity, by acceleration or otherwise) of the Credit Agreement Borrower Obligations.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement

Guarantee. (a) Each Subject to the provisions of Section 2.1(b), each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties Lenders and their respective successors, indorsees, transferees and assigns, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations (other than, with respect to any Guarantor, any Excluded Swap Obligations of such Guarantor).

Appears in 2 contracts

Samples: Guarantee Agreement, Credit Agreement (Comcast Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the applicable Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the Parent Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of the Borrower ObligationsObligations of the Parent Borrower owed to the applicable Secured Parties.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Hertz Corp), Guarantee and Collateral Agreement (Hertz Corp)

Guarantee. (a) Each of the Guarantors hereby, jointly and severally, unconditionally and irrevocably, guarantees to the Administrative Agent, for the ratable benefit of the Secured Parties and their respective successors, indorsees, transferees and assignsParties, the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, by acceleration or otherwise) of each and all of the Borrower ObligationsObligations and each of the Guarantors hereby acknowledges and agrees that the guarantee provided for in this Section 2 is a guarantee of payment and not of collection.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (KAR Auction Services, Inc.)

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