Guarantees and Security. A waiver of issuance or the release of any Guarantor from any of its obligations under Clause 29 (Guarantee and Indemnity) or a release of any Security under the Security Documents, in each case, other than in accordance with the terms of any Finance Document shall require the prior written consent of affected Lenders whose Available Commitments plus Outstandings amount in aggregate to more than 90 per cent. of the Available Facilities plus aggregate Outstandings.
Guarantees and Security. Effective as of the Agreement Date:
Guarantees and Security. The Borrower shall:
Guarantees and Security. (a) The Company shall:
Guarantees and Security. Other than in the ordinary and usual course of business, so far as the Seller is aware, there is no outstanding guarantee or other security or arrangement having an effect equivalent to the granting of security given:
Guarantees and Security. 3.1 It is agreed between the parties to this Indenture that subject to the other provisions of this Schedule I, no individual item of security shall be granted unless on or about the same time, security of an equivalent nature is granted to or for the benefit of Law Debenture Trust Company, in its capacity as trustee for certain of the Existing Secured Notes.
Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared outside ANZ, you must pay to ANZ any reasonable external fees which are incurred. You can ask for a quote or an estimate and the fees will be payable on the date they are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ solicitor is acting to protect the interest of ANZ. We recommend you instruct your own solicitor to advise you. You must pay any registration fees on or before drawdown of your loan. You may also need to pay government fees when any Security you are providing is discharged. In addition, you may also need to pay any other costs required by any legislative or regulatory provision in order for the Security to be effected (such as transfer fees, custom owner fees, land rents etc), as the registration cannot proceed without these being met.
Guarantees and Security. Each Guarantor consents to the amendments to the Original Credit Agreement as set out in Clause 2 of this Fifth Supplemental Agreement and:
Guarantees and Security. To guarantee the full and punctual payment of the principal, premium and Special Interest, if any, and interest (including post-filing or post-petition interest) on the Notes and all other obligations and liabilities of the Issuers under the Indenture, the Notes, the Registration Rights Agreement and the Security Documents when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally Guaranteed (and future guarantors, together with the Subsidiary Guarantors, will unconditionally Guarantee), jointly and severally, such obligations on a senior secured basis pursuant to the terms of the Indenture. The Notes and the Note Guarantees are secured by first-priority Liens and security interests on the Note Priority Collateral and by second-priority Liens and security interests on the ABL Priority Collateral on the terms and conditions set forth in the Indenture and the Security Documents. The Collateral Agent holds the Collateral in trust for the benefit of the Trustee and the Holders, in each case pursuant to the Security Documents. Each Holder by accepting this Note consents and agrees to the terms of the Security Documents as the same may be in effect or may be amended from time to time in accordance with their terms and the Indenture authorizes and directs the Collateral Agent to enter into the Security Documents and to perform its obligations and exercise its rights thereunder in accordance therewith.
Guarantees and Security. (a) The obligations of the Borrower under this Note, including, but not limited to, payment of the Repayment Amount and all other obligations (including any expense reimbursement and/or indemnification obligations) with respect to this Note and the other Note Documents (collectively, the “Obligations”) shall be guaranteed by the Guarantors under the Guarantee Agreement.
