Common use of Guarantees and Other Liabilities Clause in Contracts

Guarantees and Other Liabilities. Purchase or repurchase (or agree, contingently or otherwise, so to do) the Indebtedness of, or assume, guarantee (directly or indirectly or by an instrument having the effect of assuring another's payment or performance of any obligation or capability of so doing, or otherwise), endorse or otherwise become liable, directly or indirectly, in connection with the obligations, stock or dividends of any Person, or permit any Foreign Subsidiary to do any of the foregoing, except: (i) for any guaranty of Indebtedness or other obligations of the Borrower or any Guarantor if such person could have incurred such Indebtedness or obligations under this Agreement; (ii) by endorsement of negotiable instruments for deposit or collection in the ordinary course of business; (iii) to the extent in existence on the Filing Date; (iv) for any guaranty not for borrowed money in the ordinary course of business of the Domestic Entities and Global Entities; (v) renewals of guaranties by Domestic Entities and Foreign Subsidiaries of the obligations of Foreign Subsidiaries, if such guaranties were in existence on the Filing Date; and (vi) Standard Securitization Undertakings in connection with a Qualified Receivables Transaction.

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Guaranty Agreement (Tower Automotive Inc), Revolving Credit, Term Loan and Guaranty Agreement (Tower Automotive Inc)

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Guarantees and Other Liabilities. Purchase or repurchase (or agree, contingently or otherwise, so to do) the Indebtedness of, or assume, guarantee (directly or indirectly or by an instrument having the effect of assuring another's ’s payment or performance of any obligation or capability of so doing, or otherwise), endorse or otherwise become liable, directly or indirectly, in connection with the obligations, stock or dividends of any other Person, or permit any Foreign Subsidiary to do any of the foregoing, except: except (ia) for any guaranty of Indebtedness or other obligations of the Borrower or any Guarantor if the Borrower or such person Guarantor could have incurred such Indebtedness or obligations under this Agreement; , (iib) by endorsement of negotiable instruments for deposit or collection in the ordinary course of business; , (iiic) to the extent in existence on the Filing Closing Date; , (ivd) for any guaranty of Indebtedness of joint ventures of the Borrower and the Guarantors to the extent permitted by Section 6.10(i), (e) any other guaranty by the Borrower and the Guarantors in an aggregate amount not to exceed $25,000,000 at any time, (f) for borrowed money any guaranty of Indebtedness or other obligations by the Borrower or any Guarantor of a Subsidiary which is not a Guarantor, to the extent permitted by Section 6.10(u); and (g) guarantees or indemnities in the nature of a guarantee provided in connection with leases, fuel consortiums and, where necessary to comply with International Air Transport Association (IATA) standards, contracts with a foreign entity where performance takes place outside the United States, in the ordinary course of business of the Domestic Entities and Global Entities; (v) renewals of guaranties by Domestic Entities and Foreign Subsidiaries of the obligations of Foreign Subsidiaries, if such guaranties were in existence on the Filing Date; and (vi) Standard Securitization Undertakings in connection with a Qualified Receivables Transactionbusiness.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Guaranty Agreement (Ual Corp /De/)

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Guarantees and Other Liabilities. Purchase or repurchase (or agree, contingently or otherwise, so to do) the Indebtedness of, or assume, guarantee (directly or indirectly or by an instrument having the effect of assuring another's ’s payment or performance of any obligation or capability of so doing, or otherwise), endorse or otherwise become liable, directly or indirectly, in connection with the obligations, stock or dividends of any Person, or permit any Foreign Subsidiary to do any of the foregoing, except: except (ia) for any guaranty of Indebtedness or other obligations of the Borrower or any Guarantor if the Borrower or such person Guarantor could have incurred such Indebtedness or obligations under this Agreement; , (iib) by endorsement of negotiable instruments for deposit or collection in the ordinary course of business; , (iiic) to the extent in existence on the Filing Closing Date; , (ivd) for any guaranty of Indebtedness of joint ventures of the Borrower and the Guarantors to the extent permitted by Section 6.10(i), (e) any other guaranty by the Borrower and the Guarantors in an aggregate amount not to exceed $25,000,000 at any time, (f) for borrowed money any guaranty of Indebtedness or other obligations by the Borrower or any Guarantor of a Subsidiary which is not a Guarantor, to the extent permitted by Section 6.10(w); and (g) guarantees or indemnities in the nature of a guarantee provided in connection with leases, fuel consortiums and, where necessary to comply with International Air Transport Association (IATA) standards, contracts with a foreign entity where performance takes place outside the United States, that are unsecured and in the ordinary course of business of the Domestic Entities and Global Entities; (v) renewals of guaranties by Domestic Entities and Foreign Subsidiaries of the obligations of Foreign Subsidiaries, if such guaranties were in existence on the Filing Date; and (vi) Standard Securitization Undertakings in connection with a Qualified Receivables Transactionbusiness.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Guaranty Agreement (Ual Corp /De/)

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