Common use of Guarantied Obligations Clause in Contracts

Guarantied Obligations. Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 5 contracts

Samples: General Continuing Guaranty (Servicesource International LLC), General Continuing Guaranty (Servicesource International LLC), General Continuing Guaranty (Omniture, Inc.)

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Guarantied Obligations. Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; otherwise (it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; ), and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under in each of the other Loan Documents.. 

Appears in 2 contracts

Samples: General Continuing Guaranty, General Continuing Guaranty (Micron Solutions Inc /De/)

Guarantied Obligations. Guarantor hereby irrevocably and unconditionally guaranties to AgentWFB, for the benefit of the Lender Group itself and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower Client of all of the agreements, conditions, covenants, and obligations of Borrower Client contained in the Credit Account Purchase Agreement and under in each of the other Loan DocumentsOther Agreements.

Appears in 2 contracts

Samples: General Continuing Guaranty (Novume Solutions, Inc.), General Continuing Guaranty (Novume Solutions, Inc.)

Guarantied Obligations. Guarantor Each Guarantor, jointly and severally, hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product ProvidersGroup, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of such Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Loan Agreement and under each of the other Loan Documents.

Appears in 2 contracts

Samples: General Continuing (Hudson Respiratory Care Inc), General Continuing (Hudson Respiratory Care Inc)

Guarantied Obligations. Each Guarantor hereby irrevocably and unconditionally unconditionally, jointly and severally, guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual prompt payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower Borrowers of all of the agreements, conditions, covenants, and obligations of Borrower Borrowers contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 2 contracts

Samples: General Continuing Guaranty (Portrait Corp of America, Inc.), General Continuing Guaranty (Monotype Imaging Holdings Inc.)

Guarantied Obligations. Guarantor hereby irrevocably and unconditionally guaranties guaranty to Agent, for the benefit of the Lender Group and the Bank Product ProvidersBeneficiaries, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been mademade in cash or immediately available funds, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment payment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement Agreement, the C/T Note, the Revolving Credit Note, the Environmental Certificate and under each of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Century Casinos Inc /Co/)

Guarantied Obligations. Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Hawaiian Holdings Inc)

Guarantied Obligations. Subject to Sections 22 and 24 hereof, ---------------------- ------------------ Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product ProvidersGroup, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower each Debtor of all of the agreements, conditions, covenants, and obligations of Borrower such Debtor contained in the Credit Agreement Loan Agreement, and under each of the other Loan Documents.

Appears in 1 contract

Samples: Learningstar Corp

Guarantied Obligations. Subject to the terms and conditions of this Guaranty, Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product ProvidersGroup, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Ares Commercial Real Estate Corp)

Guarantied Obligations. Guarantor Each Guarantor, jointly and severally, hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of such Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (GXS Corp)

Guarantied Obligations. Guarantor Each Guarantor, on a joint and several basis, hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower Borrowers of all of the agreements, conditions, covenants, and obligations of Borrower Borrowers contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Wabash National Corp /De)

Guarantied Obligations. Each Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Hedge Agreement Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower Borrowers of all of the agreements, conditions, covenants, and obligations of Borrower Borrowers contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Securus Technologies, Inc.)

Guarantied Obligations. Guarantor The Guarantor, jointly and severally, hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of the Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower Borrowers of all of the agreements, conditions, covenants, and obligations of Borrower Borrowers contained in the Credit Loan Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (GNLV Corp)

Guarantied Obligations. Each Guarantor hereby irrevocably and unconditionally unconditionally, jointly and severally, guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Monotype Imaging Holdings Inc.)

Guarantied Obligations. Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereofthereof (other than with respect to indemnities and other contingent Obligations not yet due and payable), in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower Borrowers of all of the agreements, conditions, covenants, and obligations of Borrower Borrowers contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Boise Cascade Holdings, L.L.C.)

Guarantied Obligations. Guarantor Each Guarantor, individually and ---------------------- collectively, jointly and severally, hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product ProvidersGuarantied Party, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of such Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Loan Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing (Microstrategy Inc)

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Guarantied Obligations. Each Guarantor hereby irrevocably irrevocably, jointly and severally, and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of such Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in each of the Credit Agreement Agreements and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Stanadyne Holdings, Inc.)

Guarantied Obligations. Guarantor Guarantors, jointly and severally, hereby irrevocably and unconditionally guaranties guaranty to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Internap Network Services Corp)

Guarantied Obligations. Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower Borrowers of all of the agreements, conditions, covenants, and obligations of Borrower Borrowers contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Supreme Industries Inc)

Guarantied Obligations. Guarantor Guarantor, jointly and severally with each other guarantor with respect to the Obligations (including SI), hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product ProvidersLender, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement Note and under each of the other Loan Note Documents.

Appears in 1 contract

Samples: Schlotzskys Inc

Guarantied Obligations. Guarantor (a) Each Guarantor, jointly and severally, hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower Borrowers of all of the agreements, conditions, covenants, and obligations of Borrower Borrowers contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (American Commercial Lines Inc.)

Guarantied Obligations. Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower all Borrowers of all of the agreements, conditions, covenants, and obligations of Borrower Borrowers contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: General Continuing Guaranty (Renewable Energy Group, Inc.)

Guarantied Obligations. Subject to the terms and conditions of this Guaranty, Guarantor hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under each of the other Loan DocumentsDocuments and Bank Product Agreements.

Appears in 1 contract

Samples: General Continuing Guaranty (Ares Commercial Real Estate Corp)

Guarantied Obligations. Each Guarantor hereby hereby, jointly and severally, irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product ProvidersGroup, as and for its own debt, until the final and indefeasible payment in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of such Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) provided that, notwithstanding the punctual and faithful performanceforegoing, keeping, observance, and fulfillment by Borrower of all the aggregate liability of the agreements, conditions, covenants, and obligations of Borrower contained in Guarantors hereunder shall not exceed the Credit Agreement and under each of the other Loan DocumentsGuaranty Limit.

Appears in 1 contract

Samples: General Continuing Guaranty (WHX Corp)

Guarantied Obligations. Guarantor (a) Each Guarantor, on a joint and several basis, hereby irrevocably and unconditionally guaranties to Agent, for the benefit of the Lender Group and the Bank Product ProvidersGroup, as and for its own debt, until the final and indefeasible payment Payment in full Full thereof, in cash, has been made, (ai) the due and punctual payment of all of the Guarantied Obligations, when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (bii) the punctual and faithful performance, keeping, observance, and fulfillment by Borrower of all of the agreements, conditions, covenants, and obligations of Borrower contained in the Credit Agreement and under each of the other Loan Documents.

Appears in 1 contract

Samples: Continuing Guaranty (Unifund Financial Technologies, Inc.)

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