Guaranteed Debt. It is understood and agreed that the Shareholders will seek to have all personal guarantees (by pledge of assets or otherwise) of any Shareholder released in connection with consummation of the Merger and that CCC will cooperate with the Shareholders in such effort. Following the Closing CCC will not and will cause the Surviving Corporation not to draw under any line of credit or other indebtedness the repayment of which has been personally guaranteed by a Shareholder (by pledge of assets or otherwise) unless and until such personal guarantee (including any pledge of assets) has been fully released.
Guaranteed Debt. The Bank guarantees to the Trustee on behalf of the holders of the Notes on the basis provided herein the due and punctual payment of principal and interest payable by the Subsidiary under the terms of the Notes from time to time, and any additional amounts required to be paid pursuant to this Agreement (the “Guaranteed Obligations”). Notwithstanding any other provision of this Agreement, the liability of the Bank hereunder shall be for an amount not exceeding the aggregate of the Guaranteed Obligations.
Guaranteed Debt. 11 "Guarantor............................................................................ 11 "Holder............................................................................... 11 "Indebtedness......................................................................... 11 "Indenture............................................................................ 12 "
Guaranteed Debt. The term “Guaranteed Debt” means all present and future indebtedness and obligations of every kind, nature, and character, direct or indirect, absolute or contingent, liquidated or unliquidated, voluntary or involuntary, owed to the Guaranteed Parties by Borrower under the Loan Papers to which it is a party, and all instruments, agreements, and other documents of every kind and nature now or hereafter created in connection with the Credit Agreement (including all renewals, extensions, and modifications thereof), including, without limitation, the Obligation, together with all interest accruing thereon, fees, costs, and expenses (including, without limitation, (a) all Attorney Costs incurred pursuant to, or in connection with the protection of Rights under, the Loan Papers to which Borrower is a party, and (b) amounts that would become due but for operation of Section 502, 506, or any other applicable provision of Title 11 of the Bankruptcy Code of the United States), together with all pre- and post-maturity interest thereon (including, without limitation, all post-petition interest if Borrower voluntarily or involuntarily files for bankruptcy protection) and any and all costs, Attorney Costs, and expenses reasonably incurred by any Guaranteed Party to enforce Borrower’s payment of any of the foregoing indebtedness, provided that to the extent Guarantor is not an “eligible contract participant” under the Commodity Exchange Act, Excluded Swap Obligations shall be excluded from “Guaranteed Debt” owing by or guaranteed by Guarantor. Administrative Agent’s books
Guaranteed Debt refers to the all direct and indirect and predictable loss of benefit suffered by the pledgee due to any default of the pledgor and/or the Domestic Company; and the costs incurred by the pledgee for forcing the pledgor and/or Domestic Company to perform their contractual obligations and realize the pledge.
Guaranteed Debt. The Borrower shall not (and shall not suffer or permit any of its Domestic Subsidiaries to) incur any Guaranteed Debt except:
(a) by endorsement of instruments or items of payment for deposit to the general account of such Person;
(b) for performance bonds or indemnities entered into in the ordinary course of business consistent with past practices;
(c) unsecured Guaranteed Debt in respect of Debt permitted under Section 6.3(c), (d) or (f);
(d) secured Guaranteed Debt in an amount not to exceed $10,000,000;
(e) [Reserved];
(f) unsecured Guaranteed Debt in an amount not to exceed $250,000,000;
(g) [Reserved];
(h) [Reserved];
(i) [Reserved].
Guaranteed Debt. The Borrower shall not (and shall not suffer or permit any of its Domestic Subsidiaries to) incur any Guaranteed Debt except:
(a) by endorsement of instruments or items of payment for deposit to the general account of such Person;
(b) for performance bonds or indemnities entered into in the ordinary course of business consistent with past practices;
(c) unsecured Guaranteed Debt in respect of Debt permitted under Section 6.3(c), (d) or (f);
(d) secured Guaranteed Debt in an amount not to exceed $20,000,000;
(e) the Synnex Mexico Guarantee in an aggregate amount not to exceed $80,000,000 (or the equivalent amount of Pesos, based on a conversion rate determined immediately prior to the closing of the Synnex Mexico Loan Documents) (the maximum liability under the Synnex Mexico Guaranty at any time, the “Maximum Mex Guarantee”); provided that if, and for so long as, the commitments under the Synnex Mexico Loan Documents are less than $75,000,000, and the Maximum Mex Guarantee is less than $80,000,000, then Borrower may incur and maintain additional unsecured Guaranteed Debt guaranteeing Debt of Synnex Mexico in an aggregate amount not to exceed $80,000,000 less the then Maximum Mex Guarantee; provided that all provisions of this Agreement otherwise applicable to the Synnex Mexico Guarantee shall apply, mutatis mutandis, to such other unsecured Guarantee;
(f) unsecured Guaranteed Debt in an amount not to exceed $100,000,000;
(g) unsecured Guaranteed Debt in an amount not to exceed $20,000,000 with respect to Debt under an inventory line of credit provided by the Bank of Montreal to the Canadian Subsidiary;
(h) the Canadian Subsidiary Securitization Guaranty;
(i) unsecured Guaranteed Debt in an amount not to exceed $20,000,000 with respect to Debt provided by HSBC Bank Canada to the Canadian Subsidiary.
Guaranteed Debt agrees that the Guaranteed Debt shall consist of all amounts owed by Maker under this Promissory Note, including, but not limited to: (i) the Principal amount; (ii) Note Interest; (iii) Default Interest; (iv) Late Charges, (v) Insufficient Funds Charges; (vi) amounts owed as a consequence of a declared Event of Default and acceleration by Xxxxxx; and (vii) Holder's other costs and expenses of enforcing the Promissory Note including, but not limited to, attorneys' fees, and the costs of any arbitration proceeding to enforce the Note against Maker.
Guaranteed Debt. 14 Guarantor.................................................................................................14 Holder....................................................................................................14
Guaranteed Debt. The term "Guaranteed Debt" means all present and --------------- future indebtedness and obligations, and all renewals, increases and extensions thereof, or any part thereof, now or hereafter owed to the Guaranteed Parties by Borrower under the Loan Documents to which it is a party, together with all interest accruing thereon, fees, costs and expenses (including, without limitation, (a) all attorneys' fees and expenses incurred pursuant to, or in connection with the protection of Rights under, the Loan Documents to which Borrower is a party, and (b) amounts that would become due but for operation of Section 502, 506 or any other applicable provision of Title 11 of the U.S. Code), together with all pre- and post-maturity interest thereon (including, without limitation, all post-petition interest if Borrower voluntarily or involuntarily files for bankruptcy protection) and any and all costs, attorneys' fees and expenses reasonably incurred by any Guaranteed Party to enforce Borrower's payment of any of the foregoing indebtedness.
