Common use of Guaranties, Etc Clause in Contracts

Guaranties, Etc. The Borrower shall not, and shall cause each Subsidiary to not, assume, guaranty, endorse or otherwise become directly or contingently liable for, nor obligated to purchase, pay or provide funds for payment of, any obligation or Indebtedness of any other Person, except: (a) guaranties of any Indebtedness permitted under Section 7.5; (b) by endorsement of negotiable instruments for deposit or collection or by similar transactions in the ordinary course of business; (c) with respect to customary indemnification obligations incurred in connection title insurance agreements; (d) with respect to performance, surety, bid, appeal or similar bonds incurred in the ordinary course of business; and (e) obligations existing as of the date of this Agreement, reflected on the pro forma balance sheet referred to in Section 5.6(a) and in amounts not greater than the amounts referred to therein.

Appears in 2 contracts

Samples: Loan Agreement (Elandia International Inc.), Loan Agreement (Elandia, Inc.)

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Guaranties, Etc. The Borrower Each Guarantor shall not, and shall cause each Subsidiary their respective Subsidiaries to not, assume, guaranty, endorse or otherwise become directly or contingently liable for, nor obligated to purchase, pay or provide funds for payment of, any obligation or Indebtedness of any other Person, except: (a) guaranties of any Indebtedness permitted under Section 7.55.5; (b) by endorsement of negotiable instruments for deposit or collection or by similar transactions in the ordinary course of business; (c) with respect to customary indemnification obligations incurred in connection title insurance agreements; (d) with respect to performance, surety, bid, appeal or similar bonds incurred in the ordinary course of business; and (e) obligations existing as of the date of this AgreementGuaranty, reflected on the pro forma balance sheet referred to in Section 5.6(a3.6(a) and in amounts not greater than the amounts referred to therein.

Appears in 1 contract

Samples: Continuing Guaranty (Elandia, Inc.)

Guaranties, Etc. The Borrower shall not, and shall cause each Subsidiary to not, not assume, guaranty, endorse or otherwise become directly or contingently liable for, nor obligated to purchase, pay or provide funds for payment of, any obligation or Indebtedness of any other Person, except: (a) guaranties of any Indebtedness permitted under Section 7.57.3; (b) by endorsement of negotiable instruments for deposit or collection or by similar transactions in the ordinary course of business; (c) with respect to customary indemnification obligations incurred in connection with title insurance agreements; (d) with respect to performance, surety, bid, appeal or similar bonds incurred in the ordinary course of business; and (e) obligations existing as of the date of this Agreement, reflected on in the pro forma balance sheet referred to in Section 5.6(a) 5.7 and in amounts not greater than the amounts referred to therein.

Appears in 1 contract

Samples: Loan Agreement (Cascade Corp)

Guaranties, Etc. The Borrower shall not, and shall cause each Subsidiary Loan Party to not, assume, guaranty, endorse or otherwise become directly or contingently liable for, nor obligated to purchase, pay or provide funds for payment of, any obligation or Indebtedness of any other Person, except: (a) guaranties of any Indebtedness permitted under Section 7.5; (b) by endorsement of negotiable instruments for deposit or collection or by similar transactions in the ordinary course of business; (c) with respect to customary indemnification obligations incurred in connection title insurance agreements; (d) with respect to performance, surety, bid, appeal or similar bonds incurred in the ordinary course of business; and (e) obligations existing as of the date of this Agreement, reflected on the pro forma balance sheet referred to in Section 5.6(a) and in amounts not greater than the amounts referred to therein.

Appears in 1 contract

Samples: Loan Agreement (Elandia International Inc.)

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Guaranties, Etc. The Borrower shall not, and Guarantor shall cause each Subsidiary its respective South Pacific Subsidiaries to not, assume, guaranty, endorse or otherwise become directly or contingently liable for, nor obligated to purchase, pay or provide funds for payment of, any obligation or Indebtedness of any other Person, except: (a) guaranties of any Indebtedness permitted under Section 7.55.5; (b) by endorsement of negotiable instruments for deposit or collection or by similar transactions in the ordinary course of business; (c) with respect to customary indemnification obligations incurred in connection title insurance agreements; (d) with respect to performance, surety, bid, appeal or similar bonds incurred in the ordinary course of business; and (e) obligations existing as of the date of this AgreementGuaranty, reflected on the pro forma balance sheet referred to in Section 5.6(a3.6(a) and in amounts not greater than the amounts referred to therein.

Appears in 1 contract

Samples: Continuing Guaranty (Elandia International Inc.)

Guaranties, Etc. The Borrower shall not, and shall cause each Subsidiary to not, not assume, guaranty, endorse or otherwise become directly or contingently liable for, nor obligated to purchase, pay or provide funds for payment of, any obligation or Indebtedness of any other Person, except: (a) guaranties of any Indebtedness permitted under Section 7.57.4; (b) by endorsement of negotiable instruments for deposit or collection or by similar transactions in the ordinary course of business; (c) with respect to customary indemnification obligations incurred in connection with title insurance agreements; (d) with respect to performance, surety, bid, appeal or similar bonds incurred in the ordinary course of business; and (e) obligations existing as of the date of this Agreement, reflected on in the pro forma balance sheet referred to in Section 5.6(a5.8(b) and in amounts not greater than the amounts referred to therein.

Appears in 1 contract

Samples: Loan Agreement (Cascade Corp)

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