Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit Party, or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K below, until the Guaranteed Obligations are paid in full in cash.
Appears in 5 contracts
Samples: Note Purchase Agreement (Alexander & Baldwin, Inc.), Note Purchase and Private Shelf Agreement (Alexander & Baldwin, Inc.), Note Purchase and Private Shelf Agreement (Alexander & Baldwin, Inc.)
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit PartyGuarantor, guarantor or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party Guarantor, guarantor or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 7 below, until the Guaranteed Obligations are paid in full in cashfull.
Appears in 4 contracts
Samples: Senior Secured Note Purchase Agreement (Encore Capital Group Inc), Senior Secured Note Purchase Agreement (Encore Capital Group Inc), Senior Secured Note Purchase Agreement (Encore Capital Group Inc)
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit Party, or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 20.5 below, until the Guaranteed Obligations are paid in full in cashfull.
Appears in 4 contracts
Samples: Note Purchase and Private Shelf Agreement (Cubic Corp /De/), Note Purchase and Private Shelf Agreement (Cubic Corp /De/), Note Purchase and Private Shelf Agreement (Cubic Corp /De/)
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit Party, or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 20.5 below, until the Guaranteed Obligations are indefeasibly paid in full in cashfull.
Appears in 3 contracts
Samples: Note Purchase and Private Shelf Agreement (LTC Properties Inc), Note Purchase Agreement (LTC Properties Inc), Note Purchase and Private Shelf Agreement (LTC Properties Inc)
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit Party, or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 21.5 below, until the Guaranteed Obligations are paid in full in cashfull.
Appears in 3 contracts
Samples: Note Purchase and Private Shelf Agreement, Note Purchase and Private Shelf Agreement (Digital Realty Trust, L.P.), Note Purchase and Private Shelf Agreement (Digital Realty Trust, Inc.)
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit PartyGuarantor, guarantor or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party Guarantor, guarantor or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 7 below, until the Guaranteed Obligations are paid in full in cash.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Wd 40 Co), Guaranty (Excel Trust, L.P.)
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit PartyGuarantor, guarantor or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party Guarantor, guarantor or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 7 below, until the Guaranteed Obligations are paid in full in cash(other than contingent indemnity obligations for which no claim has been made).
Appears in 1 contract
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit Party, or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 20.5 below, until the Guaranteed Obligations are indefeasibly paid in full in cashfull.β
1.20 Section 20.2 is amended and restated as follows:
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (LTC Properties Inc)
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit PartyGuarantor, guarantor or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party Guarantor, guarantor or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 6 below, until the Guaranteed Obligations are indefeasibly paid in full in cashfull.
Appears in 1 contract
Guaranteed Obligations Unaffected. No payment or payments made by any other Guarantor or other Credit Party, guarantor or by any other guarantor or other Person, or received or collected by any of the Beneficiaries from any other Guarantor or other Credit Party guarantor or from any other guarantor or other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of each of the Guarantors hereunder which shall, notwithstanding any such payments, remain liable for the Guaranteed Obligations, subject to paragraph 11K Section 6 below, until the Guaranteed Obligations are paid in full in cashfull.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Wd 40 Co)