Guaranties; Contingent Liabilities. (a) Assume, guarantee, endorse, contingently agree to purchase or otherwise become liable upon the obligation of any Person, except by the endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business, except for contractual obligations existing on the date hereof and Borrower represents the maximum aggregate liability thereunder is not more than $100,000.00 in the combined aggregate, or
Guaranties; Contingent Liabilities. The Borrower shall not, and shall not permit the Parent or any Subsidiary of the Borrower to, at any time make or issue any Guaranty, or assume, be obligated with respect to, or permit to be outstanding any Contingent Liabilities, except pursuant to the Loan Papers.
Guaranties; Contingent Liabilities. The Borrower shall not, and shall not permit any Restricted Subsidiary to, at any time make or issue any Guaranty, or assume, be obligated with respect to, or permit to be outstanding any Contingent Liabilities, except (a) pursuant to the Loan Papers, (b) Contingent Liabilities in existence on the Closing Date and described on Schedule 8.06 hereto, (c) Contingent Liabilities of the Borrower or its ------------- Restricted Subsidiaries with respect to surety bonds and similar instruments incurred in the ordinary course of the Borrower's business and (d) Contingent Liabilities permitted to be incurred under Section 8.02 hereof.
Guaranties; Contingent Liabilities. (a) Assume, guarantee, endorse, contingently agree to purchase or otherwise become liable upon the obligation of any person or entity, except by the endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business, or (b) agree to maintain the working capital or net worth of any person or entity or to make investment in any person or entity (except for short-term investment of excess cash), or (c) guarantees of liabilities under Section 6.4.
Guaranties; Contingent Liabilities. Except as permitted by the First Mortgage Indenture (as the same exists on the date of this Second Restatement and assuming for the purposes of this Section 7.7, no modification, restatement, supplementation, termination or waiver of any applicable provision of the same), (a) assume, guarantee, endorse, contingently agree to purchase or otherwise become liable upon any obligations of any Person except by endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business, or (b) agree to maintain the working capital or net worth of any Person, to make investments in any Person or to take any similar action or permit any Subsidiary to do any of the foregoing.
Guaranties; Contingent Liabilities. 79 8.08. Restricted Payments.......................................................... 80 8.09. Affiliate Transactions....................................................... 81
Guaranties; Contingent Liabilities. Not, and not permit any Subsidiary to, assume, guarantee, endorse, contingently agree to purchase, assume or otherwise become liable for the Debt of any Person, or otherwise incur any Contingent Obligation, except (a) by the endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of Borrower’s business as conducted on the Closing Date, (b) swap agreements (as such term is defined in Section 101 of the Bankruptcy Code) and any other agreements or arrangements designed to provide protection against fluctuations in interest or currency exchange rates entered into in the ordinary course of business for bona fide hedging purposes and not for speculation, (c) Contingent Obligations arising under indemnity agreements to title insurers to cause such title insurers to issue to Agent title insurance policies, (d) guarantees by a Loan Party of any operating leases or other obligations of another Loan Party which are not prohibited by the terms of the Loan Documents and do not constitute Debt, and (e) other Contingent Obligations permitted by Section 7.1.
Guaranties; Contingent Liabilities. Assume, guaranty, endorse, become a surety for, indemnify, or otherwise become responsible for, directly or indirectly, any material obligation of any Person (other than the obligations of Subsidiaries), or otherwise become obligated for any contingent liability, except (a) endorsements on negotiable instruments for deposit or collection in the ordinary course of business; (b) performance bonds or indemnification obligations incurred in the ordinary course of Borrower's (or such Subsidiary’s) business; (c) obligations arising from the acquisition of goods, supplies, or merchandise by Borrower (or any Subsidiary) on normal trade credit; and (d) obligations approved in writing by Lender.
Guaranties; Contingent Liabilities. Except as set forth in Section 6.3, assume, guarantee, endorse, contingently agree to purchase or otherwise become liable upon the obligation of any person or entity (except a subsidiary of Borrower), except by the endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business.
Guaranties; Contingent Liabilities. Other than Debt permitted pursuant to Section 8.02 hereunder, the Borrower shall not, and shall not permit any of its Domestic DB Subsidiaries to, at any time make or issue any Guaranty, or assume, be obligated with respect to, or permit to be outstanding any Contingent Liabilities, except (i) pursuant to the Loan Papers, (ii) indemnification obligations owed to directors, officers and agents, and (iii) pursuant to the approval of the Majority Lenders, in their sole discretion.
