GUARANTOR'S ACKNOWLEDGMENT AND CONSENT Clause Samples
The "Guarantor's Acknowledgment and Consent" clause serves to formally confirm that the guarantor is aware of, understands, and agrees to the terms and obligations set forth in the agreement. Typically, this clause requires the guarantor to acknowledge their responsibilities, such as guaranteeing payment or performance, and to consent to any modifications or waivers that may affect their obligations. By including this clause, the agreement ensures that the guarantor cannot later claim ignorance of their commitments, thereby providing certainty and legal enforceability for the parties relying on the guarantee.
GUARANTOR'S ACKNOWLEDGMENT AND CONSENT. Each of the undersigned has heretofore executed and delivered to the Agent and each Bank a Guaranty Agreement. Each of the undersigned hereby consents to the Thirteenth Amendment and Forbearance Agreement as set forth above and confirms that its Guaranty Agreement and all of its respective obligations thereunder remain in full force and effect for the benefit of all the Obligations (as such term is defined in the Credit Agreement and in the Guaranty Agreements, it being understood and agreed that as so defined, such term includes the Bridge Loans). Each of the undersigned also heretofore executed and delivered various Security Agreements. Each of the undersigned hereby acknowledges and agrees that the Liens created and provided for by each Security Agreement continue to secure, among other things, the Obligations (as such term is defined in the Credit Agreement and in the Security Agreements, it being understood and agreed that as so defined, such term includes the Bridge Loans); and each Security Agreement and the rights and remedies of the Secured Creditors thereunder, the obligations of each of the undersigned thereunder, and the Liens created and provided for thereunder remain in full force and effect and shall not be affected, impaired or discharged hereby. Nothing herein contained shall in any manner affect or impair the priority of liens and security interests created and provided for by the Security Agreements as to the indebtedness which would be secured thereby prior the giving effect to the Thirteenth Amendment and Forbearance Agreement. AMITE FOUNDRY AND MACHINE, INC. PROSPECT FOUNDRY, INC. QUAKER ALLOY, INC. CANADIAN STEEL FOUNDRIES, LTD. ▇▇▇▇▇▇ INTERNATIONAL, INC. EMPIRE STEEL CASTINGS, INC. LAGRANGE FOUNDRY INC. THE G&C FOUNDRY COMPANY LOS ANGELES DIE CASTING INC. CASTCAN STEEL LTD. CANADA ALLOY CASTINGS, LTD. PENNSYLVANIA STEEL FOUNDRY & MACHINE COMPANY SPRINGFIELD IRON CORP. (f/k/a ▇▇▇▇ Foundry Corp.) INVERNESS CASTINGS GROUP, INC. DU-WEL PRODUCTS, INC. ▇▇▇▇▇ CASTING AND ASSEMBLY, INC. CLAREMONT FOUNDRY, INC. LONDON PRECISION MACHINE & TOOL LTD.
GUARANTOR'S ACKNOWLEDGMENT AND CONSENT. Each of the undersigned has heretofore executed and delivered to the Agent and each Bank a Guaranty Agreement. Each of the undersigned hereby consents to the Fourteenth Amendment and Forbearance Agreement as set forth above and confirms that its Guaranty Agreement and all of its respective obligations thereunder remain in full force and effect for the benefit of all the Obligations (as such term is defined in the Credit Agreement and in the Guaranty Agreements, it being understood and agreed that as so defined, such term includes the Bridge Loans). Each of the undersigned also heretofore executed and delivered various Security Agreements. Each of the undersigned hereby acknowledges and agrees that the Liens created and provided for by each Security Agreement continue to secure, among other things, the Obligations (as such term is defined in the Credit Agreement and in the Security Agreements, it being understood and agreed that as so defined, such term includes the Bridge Loans); and each Security Agreement and the rights and remedies of the Secured Creditors thereunder, the obligations of each of the undersigned thereunder, and the Liens created and provided for thereunder remain in full force and effect and shall not be affected, impaired or discharged hereby. Nothing herein contained shall in any manner affect or impair the priority of liens and security interests created and provided for by the Security Agreements as to the indebtedness which would be secured thereby prior the giving effect to the Fourteenth Amendment and Forbearance Agreement.
GUARANTOR'S ACKNOWLEDGMENT AND CONSENT. Each of the undersigned has heretofore executed and delivered the Performance Guaranty dated as of July 30, 2008 (the “Performance Guarantee”) and hereby consents to the First Amendment to the Sale Agreement as set forth above and confirms that the Performance Guarantee and all of the undersigned’s obligations thereunder remain in full force and effect. The undersigned further agrees that the consent of the undersigned to any further amendments to the Sale Agreement shall not be required as a result of this consent having been obtained, except to the extent, if any, required by the Performance Guarantee referred to above. SWIFT CORPORATION By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President and Chief Executive Officer SWIFT TRANSPORTATION CORPORATION By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President and Chief Executive Officer INTERSTATE EQUIPMENT LEASING, INC. By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President and Chief Executive Officer SWIFT TRANSPORTATION CO., INC. By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President and Chief Executive Officer SWIFT TRANSPORTATION CO., LLC., a Delaware limited liability company, formerly known as Swift Transportation Co., Inc., a Nevada corporation By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President and Chief Executive Officer COMMON MARKET EQUIPMENT CO., INC. By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President and Chief Executive Officer SPARKS FINANCE LLC By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President and Chief Executive Officer SWIFT TRANSPORTATION CO. OF VIRGINIA, INC. By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President and Chief Executive Officer
GUARANTOR'S ACKNOWLEDGMENT AND CONSENT. Each of Retirement Properties, Causeway, SJO and HUB (each a "Subsidiary Guarantor") has guarantied the obligations of Borrower under Section 9 of the Loan Agreement. Each Subsidiary Guarantor hereby acknowledges that it has reviewed the terms and provisions of the Loan Agreement and this Amendment and consents to the amendment of the provisions of the Agreement effected pursuant to this Amendment. Each Subsidiary Guarantor hereby confirms that its guaranty under the Loan Agreement will continue to guaranty to the fullest extent possible the payments and performance of all obligations of Borrower now or hereafter existing under or in respect of the Amended Agreement and the Notes defined therein. Each Subsidiary Guarantor acknowledges and agrees that Section 9 of the Loan Agreement shall continue in full force and effect and that all of its obligations thereunder shall be valid and enforceable and shall not be impaired or limited by the execution or effectiveness of this Amendment. Each Subsidiary Guarantor acknowledges and agrees that (a) notwithstanding the conditions to effectiveness set forth in this Amendment, such Subsidiary Guarantor is not required by the terms of the Loan Agreement to consent to the amendments to the Loan Agreement effected pursuant to this Amendment and (b) nothing in the Loan Agreement or this Amendment shall be deemed to require the consent of such Subsidiary Guarantor to any future amendments or waivers to the Loan Agreement.
GUARANTOR'S ACKNOWLEDGMENT AND CONSENT. The Borrower is a party to certain Collateral Documents pursuant to which the Borrower has created Liens in favor of the Agent on certain Collateral to secure the Obligations. Each of the Guarantors party hereto is a party to certain Collateral Documents and the Guaranty, pursuant to which each such Guarantor has (i) guarantied the Obligations and (ii) created Liens in favor of the Agent on behalf of the Lenders on certain Collateral to secure the Secured Obligations. The Collateral Documents and the Guaranty are collectively referred to herein as the "Credit Support Documents."
GUARANTOR'S ACKNOWLEDGMENT AND CONSENT. Reference is made to the Loan Agreement, dated as of September 30, 2017 (as the same may be amended, amended and restated, supplemented or otherwise modified from time to time in accordance with its provisions, the "Loan Agreement" and separately the "Amended Loan Agreement " dated September 30, 2018), among Kaged Muscle LLC a Delaware limited liability company (the "Borrower"), and Natural Alternatives International, Inc. a Delaware corporation, (the "Lender"). Capitalized terms used and not defined herein shall have the respective meanings given them in the Amended Loan Agreement. The Borrower and the Lender have agreed to amend the provisions of the Loan Agreement solely on the terms described in First Amendment to Loan Agreement, dated as of September 30, 2018 (the "Amendment"). The undersigned parties to the Amended Loan Agreement hereby (a) consents to the transactions contemplated by the Amendment and (b) acknowledges and agrees that the Guaranty and grants of security interests made by such party contained in the Loan Documents are, and shall remain, in full force and effect after giving effect to the Amendment.