Common use of Guaranty and Security Clause in Contracts

Guaranty and Security. The payment and performance of this Note is and shall at all times be guaranteed (the “Guaranty”) by each Guarantor pursuant to Article IX of the Purchase Agreement. This Note is secured pursuant to the terms of (a) the security interest granted by the Borrower under Article II of the Purchase Agreement, (b) the Guarantor Security Agreement dated as of November 6, 2009 among the Guarantors and the Payee and (c) the other Security Documents. The Payee is entitled to the benefits of the Guaranty, the Guarantor Security Agreement, the other Security Documents and the other Operative Documents, and may enforce the agreements of the Maker contained therein, and the Payee may exercise the remedies provided for thereby or otherwise available in respect thereof, all in accordance with the terms thereof.

Appears in 3 contracts

Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.), Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.), Mill Road Capital, L.P.

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Guaranty and Security. The payment and performance of this Note is and shall at all times be guaranteed (the “Guaranty”) by each Guarantor pursuant to Article IX of the Purchase Agreement. This Note is secured pursuant to the terms of (a) the security interest granted by the Borrower under Article II of the Purchase Agreement, (b) the Guarantor Security Agreement dated as of November 6, 2009 the date hereof among the Guarantors and the Payee and (c) the other Security Documents. The Payee is entitled to the benefits of the Guaranty, the Guarantor Security Agreement, the other Security Documents and the other Operative Documents, and may enforce the agreements of the Maker contained therein, and the Payee may exercise the remedies provided for thereby or otherwise available in respect thereof, all in accordance with the terms thereof.

Appears in 2 contracts

Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.), Physicians Formula Holdings, Inc.

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