Guarantees and Other Contingent Obligations. Except as permitted under Section 8.3, Borrower and its consolidated subsidiaries shall not guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of such Person or through the purchase of Goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; and (b) that they may indemnify their officers, directors and managers to the extent permitted under the laws of the State in which they are organized and may indemnify (in the customary manner) underwriters and any selling shareholders in connection with any public offering of Borrower’s securities.
Guarantees and Other Contingent Obligations. The Consolidated Financial Covenant Entities (other than Excluded Subsidiaries) shall not guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the Indebtedness of such Person or through the purchase of Goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any Indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; (b) that they may indemnify their officers, directors and managers to the extent permitted under the laws of the State in which they are organized and may indemnify (in the customary manner) underwriters and any selling shareholders in connection with any public offering of the Borrower’s securities; (c) so long as (i) no Default or Event of Default is then outstanding or would result therefrom, (ii) the Consolidated Financial Covenant Entities (other than Excluded Subsidiaries) are in pro forma compliance with Section 6.4 after giving effect to the applicable guarantee, and (iii) such guarantee is at all times unsecured, the Consolidated Financial Covenant Entities (other than Excluded Subsidiaries) may guaranty one another’s Indebtedness, (d) as permitted under Section 6.12, (e) the Borrower may guarantee the Rail Group Indebtedness so long as the amount of the obligations under such guarantee are reduced dollar-for-dollar as the principal amount of such Rail Group Indebtedness is repaid and (f) guarantees of Indebtedness of Excluded Subsidiaries subject to pro forma compliance with Section 6.4 and the other limitations on transactions between Excluded Subsidiaries and the Borrower and those Subsidiaries that are not Excluded Subsidiaries.
Guarantees and Other Contingent Obligations. None of the Borrower nor any of its Subsidiaries shall incur any Guaranty Obligations, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; and (b) in the case of the Borrower, guaranties of the Indebtedness (including capitalized leases) or operating lease obligations of Domestic Subsidiaries of the Borrower to the extent permitted under Section 10.4 or 10.12, respectively; provided, however, that the amount payable under such guaranties shall (i) in the case of guaranteed Indebtedness (including capitalized lease obligations) be deemed to be “Funded Debt” for purposes of Section 9.18 of this Agreement, and (2) in the case of guaranteed operating lease obligations, the annual amount payable shall be included in the computation of the Borrower’s annual financial obligations for purposes of Section 10.12 of this Agreement.
Guarantees and Other Contingent Obligations. Except as permitted under Section 8.4, Borrower shall not guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of such Person or through the purchase of Goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; (b) that Borrower may indemnify Borrower’s officers, directors and managers to the extent permitted under the laws of the State in which Borrower is organized and may indemnify (in the customary manner) underwriters and any selling shareholders in connection with any public offering of Borrower’s securities; (c) guaranties by one Borrower of indebtedness of another Borrower that is permitted May 27, 2004 under Section 8.4; (d) guaranties of secured loans to Persons that are finishing hogs under written contracts with Borrower, provided however, that said guaranties together with any secured loans permitted under Section 10.3(e) shall not exceed $3,000,000 in the aggregate at any one time outstanding; and (e) other guaranties not exceeding $5,000,000 in the aggregate at any one time outstanding.
Guarantees and Other Contingent Obligations. The Borrower shall not guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of such Person or through the purchase of goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of
Guarantees and Other Contingent Obligations. The Borrower shall not guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of such Person or through the purchase of goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of negotiable instruments for collection in the ordinary course of business; (b) that the Borrower may indemnify the Borrower's officers and directors to the extent permitted under the laws of the State in which the Borrower is organized; (c) guaranties and other contingent obligations not exceeding $1,000,000 in the aggregate during any one Fiscal Year; and (d) guaranties by Sanfilippo's subsidiariex xx xxx Xxxdential Notes and the Teachers Notes.
Guarantees and Other Contingent Obligations. The Borrower shall not guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of such Person or through the purchase of Goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; (b) interest rate hedging derivatives approved by the Required Lenders; and (c) guaranties of the indebtedness (including capitalized leases) or operating lease obligations of subsidiaries of Borrower; provided, however, (i) that the amount payable under such guaranties shall (1) in the case of guaranteed indebtedness (including capitalized lease obligations) be deemed to be “Funded Debt” for purposes of Section 9.6 of the Agreement, Financial Covenants and Ratios, and (2) in the case of guaranteed operating lease obligations, the annual amount payable shall be included in the computation of Borrower’s annual financial obligations for purposes of Section 10.12 of the Agreement, Lease Limitations, and (ii) each subsidiary for whom a guaranty is provided shall execute a reimbursement agreement in favor of Borrower with respect to any amounts that might be paid by Borrower under the guaranty, which reimbursement agreement shall be secured (on a subordinate basis, subject to the rights of the creditor to whom the guaranty is issued) by the property acquired by the subsidiary in the transaction related to the guaranty, and which reimbursement agreement shall be otherwise in form and substance reasonably acceptable to the Agent.
Guarantees and Other Contingent Obligations. The Borrower shall not guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of such Person or through the purchase of Goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; and (b) interest rate hedging derivatives approved by the Required Lenders.
Guarantees and Other Contingent Obligations. Except as permitted under Section 10.8, the Company shall not guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of such Person or through the purchase of Goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; (b) that the Company may indemnify the Company’s officers, directors and managers to the extent permitted under the laws of the State in which the Company is organized and may indemnify (in the customary manner) underwriters and any selling shareholders in connection with any public offering of the Company’s securities; (c) that the Company may guaranty and fund obligations of the Company’s Supplemental Retirement Plan to cover certain executive officers of the Company; (d) guaranties and other contingent obligations not exceeding $1,000,000 in the aggregate during any one Fiscal Year; and (c) guaranties as described as part of the Project.
Guarantees and Other Contingent Obligations. Except as permitted under Section 8.4, no Domestic Borrower shall guarantee, endorse or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of such Person or through the purchase of Goods, supplies or services, or maintenance of working capital or other balance sheet covenants or conditions, or by way of stock purchase, capital contribution, advance or loan for the purpose of paying or discharging any indebtedness or obligation of such Person or otherwise, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; and (b) that any Loan Party may indemnify its officers, directors and managers to the extent permitted under the laws of the jurisdiction in which such Loan Party is organized.
