Common use of Guaranties and other Collateral Documents Clause in Contracts

Guaranties and other Collateral Documents. As an inducement to the Administrative Agent and Lenders to enter into this Agreement, cause each Subsidiary of the Borrower, the MLP and each Subsidiary of the MLP (other than the Borrower) to execute and deliver to the Administrative Agent a Guaranty, each substantially in the form and upon the terms of Exhibit E-1 and Exhibit E-2, respectively, providing for the guaranty of payment and performance of the Obligations, and a Subsidiary Security Agreement. In addition, at the time of the formation or acquisition of any Subsidiary or at such later time as may be permitted pursuant to Section 6.17(a)(vi), cause such Subsidiary to execute and deliver to the Administrative Agent (a) a Guaranty substantially in the form and upon the terms of Exhibit E-1, providing for the guaranty of payment and performance of the Obligations, (b) Collateral Documents (including a Subsidiary Security Agreement) in form and substance satisfactory to the Administrative Agent creating liens and security interests in all assets and properties of such Subsidiary and in the equity interests in such Subsidiary in accordance with Section 6.17, and (c) certified copies of such Subsidiary’s Organization Documents and opinions of counsel with respect to such Subsidiary, such Guaranty and such Collateral Documents, in substantially the form of Exhibit F hereto, and (d) such other documents and instruments as may be required with respect to such Subsidiary pursuant to Section 6.17; provided, however, that a Foreign Subsidiary shall not be required to execute a Guaranty if the execution of such Guaranty would have an adverse tax effect on the Companies.

Guaranties and other Collateral Documents. As an inducement to the Administrative Agent and Lenders to enter into this Agreement, cause each Subsidiary of the Borrower, the MLP and each Subsidiary of the MLP (other than the Borrower) to execute and deliver to the Administrative Agent a Guaranty, each substantially in the form and upon the terms of Exhibit E-1 and Exhibit E-2, respectively, providing for the guaranty of payment and performance of the Obligations, and a Subsidiary Security Agreement; provided, however, that (a) neither CX Xxxxxx Sulphur LLC nor CX Xxxxxx Sulphur, L.P. shall be required to execute a Guaranty until March 31, 2006, or, if the MARAD Indebtedness is repaid on an earlier date, then on such earlier date and (b) Prism Gas Systems, Inc. shall not be required to execute a Guaranty or any other Collateral Documents until such time as indicated on Schedule 6.17. In addition, at the time of the formation or acquisition of any Subsidiary or at such later 62 time as may be permitted pursuant to Section 6.17(a)(vi), cause such Subsidiary to execute and deliver to the Administrative Agent (a) a Guaranty substantially in the form and upon the terms of Exhibit E-1, providing for the guaranty of payment and performance of the Obligations, (b) Collateral Documents (including a Subsidiary Security Agreement) in form and substance satisfactory to the Administrative Agent creating liens and security interests in all assets and properties of such Subsidiary and in the equity interests in such Subsidiary in accordance with Section 6.17, and (c) certified copies of such Subsidiary’s Organization Documents and opinions of counsel with respect to such Subsidiary, such Guaranty and such Collateral Documents, in substantially the form of Exhibit F hereto, and (d) such other documents and instruments as may be required with respect to such Subsidiary pursuant to Section 6.17; provided, however, that a Foreign Subsidiary shall not be required to execute a Guaranty if the execution of such Guaranty would have an adverse tax effect on the Companies.

Guaranties and other Collateral Documents. As an inducement to the Administrative Agent and Lenders to enter into this Agreement, cause each Subsidiary of the Borrower, the MLP and each Restricted Subsidiary of on the MLP (other than the Borrower) Closing Date to execute and deliver to the Administrative Agent a Guaranty, each substantially in the form and upon the terms of Exhibit E-1 and Exhibit E-2, respectively, providing for the guaranty of payment and performance of the Obligations, and a Subsidiary Security Agreement. In additionAfter the Closing Date, but in each case subject to the limitations and thresholds in Section 6.16 at the time of the formation or acquisition of any Restricted Subsidiary (or at such later time as may be permitted pursuant to Section 6.17(a)(vi6.16(a)(vii) or as the Administrative Agent shall otherwise agree), cause such Restricted Subsidiary to execute and deliver to the Administrative Agent (a) a Guaranty substantially in the form and upon the terms of Exhibit E-1, providing for the guaranty of payment and performance of the Obligations, (b) Collateral Documents (including a Subsidiary Security Agreement) in form and substance satisfactory to the Administrative Agent creating liens and security interests in all assets and properties of such Restricted Subsidiary and in the equity interests in such Subsidiary in accordance with Section 6.17Restricted Subsidiary, and (c) certified copies of such Restricted Subsidiary’s Organization Documents and and, at the Administrative Agent’s request, opinions of counsel with respect to such Restricted Subsidiary, such Guaranty and such Collateral Documents, in substantially form and substance satisfactory to the form of Exhibit F heretoAdministrative Agent and the Collateral Agent, and (d) such other documents and instruments as may be required with respect to such Restricted Subsidiary pursuant to Section 6.176.16; provided, however, that a Foreign Subsidiary shall not be required to execute a Guaranty if the execution of such Guaranty would have an adverse tax effect on the Companies.. Section 6.15

Guaranties and other Collateral Documents. As an inducement to the Administrative Agent and Lenders to enter into this Agreement, cause each Subsidiary of the Borrower, the MLP and each Restricted Subsidiary of on the MLP (other than the Borrower) Closing Date to execute and deliver to the Administrative Agent a Guaranty, each substantially in the form and upon the terms of Exhibit E-1 and Exhibit E-2, respectively, providing for the guaranty of payment and performance of the Obligations, and a Subsidiary Security Agreement. In additionAfter the Closing Date, but in each case subject to the limitations and thresholds in Section 6.16 at the time of the formation or acquisition of any Restricted Subsidiary (or at such later time as may be permitted pursuant to Section 6.17(a)(vi6.16(a)(vii) or as the Administrative Agent shall otherwise agree), cause such Restricted Subsidiary to execute and deliver to the Administrative Agent (a) a Guaranty substantially in the form and upon the terms of Exhibit E-1, providing for the guaranty of payment and performance of the Obligations, (b) Collateral Documents (including a Subsidiary Security Agreement) in form and substance satisfactory to the Administrative Agent creating liens and security interests in all assets and properties of such Restricted Subsidiary and in the equity interests in such Subsidiary in accordance with Section 6.17Restricted Subsidiary, and (c) certified copies of such Restricted Subsidiary’s Organization Documents and and, at the Administrative Agent’s request, opinions of counsel with respect to such Restricted Subsidiary, such Guaranty and such Collateral Documents, in substantially form and substance satisfactory to the form of Exhibit F heretoAdministrative Agent and the Collateral Agent, and (d) such other documents and instruments as may be required with respect to such Restricted Subsidiary pursuant to Section 6.17Error! Reference source not found.; provided, however, that a Foreign Subsidiary shall not be required to execute a Guaranty if the execution of such Guaranty would have an adverse tax effect on the Companies.

Guaranties and other Collateral Documents. As an inducement After the Restatement Effective Date, but in each case subject to the Administrative Agent limitations and Lenders to enter into this Agreement, cause each Subsidiary of the Borrower, the MLP and each Subsidiary of the MLP (other than the Borrower) to execute and deliver to the Administrative Agent a Guaranty, each substantially thresholds in the form and upon the terms of Exhibit E-1 and Exhibit E-2, respectively, providing for the guaranty of payment and performance of the Obligations, and a Subsidiary Security Agreement. In addition, Section 6.16 at the time of the formation or acquisition of any Restricted Subsidiary (or at such later time as may be permitted pursuant to Section 6.17(a)(vi6.16(a)(vii) or as the Administrative Agent shall otherwise agree), cause such Restricted Subsidiary to execute and deliver to the Administrative Agent (a) a Guaranty Guaranty, substantially in the form and upon of the terms of Exhibit E-1, Guaranty (Subsidiary) providing for the guaranty of payment and performance of the Obligations, (b) Collateral Documents (including a Subsidiary Security AgreementAgreement (Subsidiary)) in form and substance satisfactory to the Administrative Agent creating liens and security interests in all assets and properties of such Restricted Subsidiary and in the equity interests in such Subsidiary in accordance with Section 6.17Restricted Subsidiary, and (c) certified copies of such Restricted Subsidiary’s Organization Documents and and, at the Administrative Agent’s request, opinions of counsel with respect to such Restricted Subsidiary, such Guaranty and such Collateral Documents, in substantially form and substance satisfactory to the form of Exhibit F heretoAdministrative Agent and the Collateral Agent, and (d) such other documents and instruments as may be required with respect to such Restricted Subsidiary pursuant to Section 6.176.16; provided, however, that a Foreign Subsidiary shall not be required to execute a Guaranty if the execution of such Guaranty would have an adverse tax effect on the Companies.

Guaranties and other Collateral Documents. As an inducement to the Administrative Agent and Lenders to enter into this Agreement, cause each Subsidiary of the Borrower, the MLP and each Subsidiary of the MLP (other than the Borrower) to execute and deliver to the Administrative Agent a Guaranty, each substantially in the form and upon the terms of Exhibit E-1 and Exhibit E-2, respectively, providing for the guaranty of payment and performance of the Obligations, and a Subsidiary Security Agreement. In addition, at the time of the formation or acquisition of any Subsidiary or at such later time as may be permitted pursuant to Section 6.17(a)(vi)Subsidiary, cause such Subsidiary to execute and deliver to the Administrative Agent (a) a Guaranty substantially in the form and upon the terms of Exhibit E-1, providing for the guaranty of payment and performance of the Obligations, (b) Collateral Documents (including a Subsidiary Security Agreement) in form and substance satisfactory to the Administrative Agent creating liens and security interests in all assets and properties of such Subsidiary and in the equity interests in such Subsidiary in accordance with Section 6.176.18, and (c) certified copies of such Subsidiary’s 's Organization Documents and opinions of counsel with respect to such Subsidiary, such Guaranty Subsidiary and such Collateral DocumentsGuaranty, in substantially the form of Exhibit F F-1 hereto, and (d) such other documents and instruments as may be required with respect to such Subsidiary pursuant to Section 6.17; provided, however, that a Foreign Subsidiary shall not be required to execute a Guaranty if the execution of such Guaranty would have an adverse tax effect on the Companies6.18.