Guaranteed Obligation. The term “
Guaranteed Obligation. In the event that the Products provided by the Supplier do not meet with the terms as guaranteed under the Agreement, the Purchaser may opt to require the Supplier at the Supplier’s expense to repair, substitute, redo, accept return of, reduce or refund payment for the Products and as a result hereof the Supplier shall compensate the Purchaser for loss. The Purchaser has the right to offset the loss from payables owing to the Supplier. The Supplier shall within the time limit as notified by the Purchaser take back the unqualified, excessive and cancelled Products (i.e. the returnable Products by the Purchaser), failing which, the Purchaser may at the expense of the Supplier return the Products, entrust keeping or sell off the Products to offset storage charges. The Supplier shall be responsible for losses because of drop, damage, decrease or transformation of the Products. As the Supplier is aware of the Products will be used as spare parts for the manufacturing of the Purchaser’s products, the Supplier shall be obliged to repair, substitute or compensate Purchaser’s damage if the Products do not meet with the agreed terms of the Agreement in quality or functionally, no matter the defects emerge at the time of the Purchaser’s products being manufactured, in the course of being sold or when used by the ultimate user. The Purchaser has the right to demand compensation from the Supplier if because of such defects of the Purchaser’s products, the Purchaser has to compensate third parties for its breach of contract or infringement of intellectual rights, the Supplier has the right to demand the Supplier to bear the responsibility of the Purchaser’s compensation to third parties and compensate the Supplier for the loss.
Guaranteed Obligation. The shares are being pledged to guarantee all of the rights and interests Party B is entitled to under all related agreements by and between both parties.
Guaranteed Obligation. (a) Subject to Section 2(b) below, the Guarantors do hereby absolutely, irrevocably and unconditionally guarantee, jointly and severally, the due and punctual payment of the Overadvance Amount (the “Guaranteed Obligation”).
(b) Notwithstanding any provision of this Agreement to the contrary, the obligations of the Guarantors under this Agreement shall not exceed the sum of (i) $2,000,000 (the “Initial Guaranty Amount”), plus (ii) in the event any payment to be made by the Guarantors hereunder is not made when due, interest at the Post-Default Rate accruing on such unpaid amount from the date such amount became due hereunder, plus (iii) the reasonable expenses (including fees and expenses of counsel), if any, incurred by the Lender in enforcement of and collection under this Agreement. The parties hereto agree that the Initial Guaranty Amount shall be reduced from time to time, upon the payment in cash by Bluecurrent to the Borrowers of amounts due in respect of the Bluecurrent Receivables, on a dollar for dollar basis in an amount equal to such cash payments; provided that no such reduction in the Initial Guaranty Amount shall become effective until three days after receipt by the Lender of such cash payment for application to the outstanding Loans.
(c) The Borrowers confirm that they have directed and will continue to direct Bluecurrent to make all payments in respect of the Bluecurrent Receivables directly to a Lockbox or Controlled Account maintained by the Borrowers at the Cash Management Bank. The Borrowers agree that any Credit Party receiving any monies, checks, notes, drafts or other payments relating to the Bluecurrent Receivables will hold the same in trust for, and as the sole and exclusive property of, the Lender and immediately upon receipt of thereof, shall remit the same to a Controlled Account maintained by the Borrowers at the Cash Management Bank.
(d) In the event of payment by the Guarantors to the Lender of the Guaranteed Amount as provided above, the Lender shall consent to the payment by the Borrowers to Wynnchurch Capital, Ltd., and the acceptance by the Wynnchurch Capital, Ltd., from the Borrowers, of a fee in the aggregate amount of $250,000 (the “Guaranty Fee”); provided that such fee shall be deferred and shall not be paid, except as permitted under the terms of the Credit Agreement and that certain Subordination and Intercreditor Agreement by and among the Guarantors, the Lender and the Borrowers, dated as of January 31, 2002, a...
Guaranteed Obligation. The equity interests are being pledged to guarantee all of the rights and interests Party B is entitled to under all of the following agreements:
(a) Entrusted Management Agreement by and among Party A, Anpulo and Party B on September 22, 2013 in Hubei;
(b) Exclusive Option Agreement by and among Party A, Anpulo and Party B on September 22, 2013 in Hubei;
(e) Shareholders’ Voting Proxy Agreement by and between Party A and Party B on September 22, 2013 in Hubei.
Guaranteed Obligation. The equity interest is being pledged to guarantee all of the rights and interests Party B is entitled to under all of the following listed agreements by and among Party A and Party B:
(a) Entrusted Management Agreement, by and between Party A, Shandong Taiying and Party B on July 23, 2010 in Taian City;
(b) Exclusive Option Agreement by and among Party A, Shandong Taiying and Party B on July 23, 2010 in Taian City;
(e) Shareholders’ Voting Proxy Agreement, by and between Party A and Party B on July 23, 2010 in Taian City;
Guaranteed Obligation. The equity interest is being pledged to guarantee all of the rights and interests Party A is entitled to under all of the following listed agreements by and among Party A and Party B:
(a) Entrusted Management Agreement, by and between Party A, Wuhan Fengze. and Party B on Dec 1st, 2009 in Wuhan;
(b) Exclusive Option Agreement by and among Party A, Wuhan Fengze. and Party B on Dec 1st, 2009 in Wuhan;
(e) Shareholders’ Voting Proxy Agreement, by and between Party A and Party B on Dec 1st, 2009 in Wuhan;
Guaranteed Obligation. The Chargor hereby irrevocably and unconditionally guarantees as its own obligation the payment of the Secured Obligations and covenants with the Secured Party to promptly pay and discharge on demand of the Secured Party any Secured Obligation which is due and payable pursuant to and under the terms of the TPG SPA, provided however, the Secured Party shall look solely to the Charged Portfolio for the enforcement of the Chargor’s obligations for the Secured Obligations hereunder and no other recourse shall be had against the Chargor.
Guaranteed Obligation. Each Guarantor waives presentment to, demand of payment from and protest to any Borrower or any other Loan Party of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment.
Guaranteed Obligation. The equity interests are being pledged to guarantee all of the rights and interests Party B is entitled to under the Entrusted Management Agreement by and among Party A, Shandong Taiying and Party B on September 3, 2014 in Taian City, Shandong Province. The amount shall not exceed RMB10,000/Year. The term of the pledge dates from September 3, 2014 to August 18, 2044.
