Guaranties of Borrower’s Subsidiaries. Each Subsidiary of Borrower now existing or created, acquired or coming into existence after the date hereof shall, promptly upon request by Agent, execute and deliver to Agent an absolute and unconditional guaranty of the timely repayment of the Obligations and the due and punctual performance of the obligations of Borrower hereunder, which guaranty shall be satisfactory to Agent in form and substance. Each Subsidiary of Borrower existing on the date hereof shall duly execute and deliver such a guaranty prior to the making of any Loan hereunder. Borrower will cause each of its Subsidiaries to deliver to Agent, simultaneously with its delivery of such a guaranty, written evidence satisfactory to Agent and its counsel that such Subsidiary has taken all corporate or partnership action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents which it is required to execute.
Guaranties of Borrower’s Subsidiaries. Each Domestic Subsidiary of Borrower that is a Material Subsidiary now existing or created, acquired or coming into existence after the date hereof shall, promptly upon request by Administrative Agent, execute and deliver to Administrative Agent an absolute and unconditional guaranty of the timely repayment of the Obligations and the due and punctual performance of the obligations of Borrower hereunder, which guaranty shall be satisfactory to Administrative Agent in form and substance. Each such Domestic Subsidiary of Borrower that is a Material Subsidiary existing on the date hereof shall duly execute and deliver such a guaranty prior to the making of any Loan hereunder. Borrower will cause each such Domestic Subsidiary to deliver to Administrative Agent, simultaneously with its delivery of such a guaranty, written evidence satisfactory to Administrative Agent and its counsel that such Domestic Subsidiary has taken all company action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents which it is required to execute.
Guaranties of Borrower’s Subsidiaries. (a) Borrower shall immediately notify Administrative Agent in writing of the existence, creation, or acquisition of any Subsidiary of Borrower and shall furnish Administrative Agent with all relevant information with respect to each such Subsidiary. Each Subsidiary of Borrower now existing or created, acquired or coming into existence after the Closing Date shall, promptly upon request by Administrative Agent, execute and deliver to Administrative Agent an absolute and unconditional guaranty of the timely repayment of the Obligations and the due and punctual performance of the obligations of Borrower hereunder, which guaranty shall be reasonably satisfactory to Administrative Agent in form and substance. Borrower will cause each of its Subsidiaries to deliver to Administrative Agent, simultaneously with its delivery of such a guaranty, written evidence reasonably satisfactory to Administrative Agent and its counsel that such Subsidiary has taken all company action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents which it is required to execute and such Subsidiary will comply with Section 6.14.
(b) To the extent any mortgaged property of a Subsidiary comprises a “building” or a “mobile home” (each as defined in Regulation H promulgated under the Flood Insurance Laws), the Borrower shall provide to the Administrative Agent concurrently with the delivery of any mortgage in favor of the Administrative Agent (i) a standard flood hazard determination form for the applicable mortgaged property and (ii) if any such applicable mortgaged property is located in an area designated as a “special flood hazard area” by the Federal Emergency Management Agency (or any successor agency), evidence of flood insurance in such reasonable total amount as the Administrative Agent may from time to time reasonably require, and otherwise to ensure compliance with the Flood Insurance Laws (if applicable).
Guaranties of Borrower’s Subsidiaries. Subject to Section 6.13(b), cause each of the following Domestic Subsidiaries to, and each such Person who becomes a Domestic Subsidiary after the date hereof (to the extent such Domestic Subsidiary meets the criteria set forth in this Section 6.12) to, within thirty (30) days after becoming a Domestic Subsidiary, execute and deliver to Administrative Agent an absolute and unconditional guaranty of the timely repayment of the Obligations of Borrower and the due and punctual performance of the Obligations of Borrower, which guaranty shall be substantially in the form of Exhibit E:
(a) Each Domestic Subsidiary of Borrower which has EBITDA in any fiscal quarter of Borrower which constitutes ten percent (10%) or more of Borrower’s Consolidated EBITDA for such fiscal quarter or which has assets at any time with a book value equal to or exceeding (10%) of the book value of Borrower’s consolidated assets at such time;
(b) If the aggregate amount of Borrower’s unconsolidated EBITDA for any fiscal quarter of Borrower plus the aggregate EBITDA of the Guarantors during such fiscal quarter does not constitute eighty- five percent (85%) or more of Borrower’s Consolidated EBITDA for such fiscal quarter or if the book value of Borrower’s individual assets at any time plus the aggregate book value of the assets of Guarantors at such time does not exceed eight-five percent (85%) of the book value of the Borrower’s consolidated assets at such time, then Domestic Subsidiaries of Borrower with aggregate assets and/or EBITDA sufficient to comply with the eighty-five percent (85%) tests contained in this subsection;
(c) Each Domestic Subsidiary which Guarantees the Debt Securities or the Subordinated Debt; and
(d) Upon request by the Administrative Agent on behalf of the Required Lenders, any other Domestic Subsidiary of Borrower.
Guaranties of Borrower’s Subsidiaries. Each Restricted Subsidiary of Borrower now existing or created, acquired or coming into existence (including the redesignation of an Unrestricted Subsidiary as a Restricted Subsidiary pursuant to the terms hereof) after the date hereof shall, promptly and in any event within ten (10) days after it has become a Restricted Subsidiary of Borrower, execute and deliver to Administrative Agent an absolute and unconditional guaranty of the timely repayment of the Secured Obligations and the due and punctual performance of the obligations of Borrower hereunder, which guaranty shall be satisfactory to Administrative Agent in form and substance; provided, however, that notwithstanding anything in this Agreement or any Security Document to the contrary, no Guarantor shall guarantee (or xxxxx x Xxxx to support, as applicable) any Excluded Swap Obligations of such Guarantor for purposes of determining any obligations of such Guarantor. Each Restricted Subsidiary of Borrower existing on the date hereof shall duly execute and deliver such a guaranty prior to the making of any Loan hereunder. Borrower will cause each of its Restricted Subsidiaries to deliver to Administrative Agent, simultaneously with its delivery of such a guaranty, written evidence satisfactory to Administrative Agent and its counsel that such Restricted Subsidiary has taken all company action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents that it is required to execute.
Guaranties of Borrower’s Subsidiaries. Each Subsidiary of Borrower now existing or created, acquired or coming into existence after the date hereof shall, promptly upon request by Administrative Agent, execute and deliver to Administrative Agent a supplement to the Guaranty in the form attached thereto guaranteeing the timely repayment of the Obligations and the due and punctual performance of the obligations of Borrower hereunder. Borrower will cause each of its Subsidiaries to deliver to Administrative Agent, simultaneously with its delivery of such a supplement, written evidence satisfactory to Administrative Agent and its counsel that such Subsidiary has taken all company action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents which it is required to execute.
Guaranties of Borrower’s Subsidiaries. Each Subsidiary of Borrower shall, promptly upon request by Agent, execute and deliver to Agent an absolute and unconditional guaranty of the timely repayment of the Obligations and the due and punctual performance of the obligations of Borrower hereunder, which guaranty shall be satisfactory to Agent in form and substance. Borrower will cause each of its Subsidiaries to deliver to Agent, simultaneously with its delivery of such a guaranty, written evidence satisfactory to Agent and its counsel that such Subsidiary has taken all action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents which it is required to execute.
Guaranties of Borrower’s Subsidiaries. Borrower shall cause each Subsidiary of Borrower now existing and each Domestic Subsidiary created, acquired or coming into existence after the date hereof, within twenty (20) days after such creation, acquisition or coming into existence, to execute and deliver to Administrative Agent an absolute and unconditional guaranty of the timely repayment of the Secured Obligations and the due and punctual performance of the obligations of Borrower hereunder, which guaranty shall be reasonably satisfactory to Administrative Agent in form and substance; provided, however, that notwithstanding anything in this Agreement or any Security Document to the contrary, no Guarantor shall guarantee (or xxxxx x Xxxx to support, as applicable) any Excluded Swap Obligations of such Guarantor for purposes of determining any obligations of such Guarantor. Each Subsidiary of Borrower existing on the date hereof shall duly execute and deliver such a guaranty prior to the making of any Loan hereunder. Borrower will deliver to Administrative Agent, simultaneously with its delivery of such a guaranty, written evidence satisfactory to Administrative Agent and its counsel that such Subsidiary has taken all company action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents which it is required to execute.
Guaranties of Borrower’s Subsidiaries. Each Subsidiary of RAAM now existing or created, acquired or coming into existence after the date hereof shall, promptly and in any event within 10 days after it has become a Subsidiary of RAAM, execute and deliver to Administrative Agent an absolute and unconditional guaranty of the timely repayment of the Obligations and the due and punctual performance of the obligations of Borrowers hereunder, which guaranty shall be satisfactory to Administrative Agent in form and substance. Each Subsidiary of RAAM existing on the date hereof shall duly execute and deliver such a guaranty prior to the making of any Loan hereunder. RAAM will cause each of its Subsidiaries to deliver to Administrative Agent, simultaneously with its delivery of such a guaranty, written evidence satisfactory to Administrative Agent and its counsel that such Subsidiary has taken all company action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents that it is required to execute.
Guaranties of Borrower’s Subsidiaries. Each Subsidiary (other than an Immaterial Subsidiary) of Borrower now existing or created, acquired or coming into existence after the date hereof shall, promptly upon request by Administrative Agent, and in any event within thirty (30) days following the creation or acquisition of such Subsidiary, execute and deliver to Administrative Agent an absolute and unconditional guaranty of the timely repayment of the Secured Obligations and the due and punctual performance of the obligations of Borrower hereunder, which guaranty shall be satisfactory to Administrative Agent in form and substance. Each Subsidiary (other than an Immaterial Subsidiary) of Borrower existing on the date hereof shall duly execute and deliver such a guaranty prior to the making of any Loan hereunder. Borrower will cause each of its Subsidiaries (other than an Immaterial Subsidiary) to deliver to Administrative Agent, simultaneously with its delivery of such a guaranty, written evidence satisfactory to Administrative Agent and its counsel that such Subsidiary has taken all company action necessary to duly approve and authorize its execution, delivery and performance of such guaranty and any other documents which it is required to execute.
