Guaranty by the U.S Clause Samples

Guaranty by the U.S. Borrower

Guaranty by the U.S. Borrower. The U.S. Borrower hereby irrevocably and unconditionally guarantees, for the benefit of the Secured Creditors, all of the following (collectively, the “U.S. Borrower Guaranteed Obligations”): (a) all Obligations, (b) all reimbursement obligations and Unpaid Drawings with respect to Letters of Credit issued for the benefit of any LC Obligor (other than the Borrower) under this Agreement, (b) all amounts, indemnities and reimbursement obligations, direct or indirect, contingent or absolute, of every type or description, and at any time existing owing by any Restricted Subsidiary of the U.S. Borrower under any Secured Hedge Agreement or any other document or agreement executed and delivered in connection therewith to any Secured Hedge Provider, in each case, other than any Excluded Swap Obligations and (c) all amounts, indemnities and reimbursement obligations, direct or indirect, contingent or absolute, of every type or description, and at any time existing owing by any Restricted Subsidiary of the U.S. Borrower under any Cash Management Agreement or any other document or agreement executed and delivered in connection therewith to any Cash Management Bank and, in each case, whether now existing, or hereafter incurred or arising, including any such interest or other amounts incurred or arising during the pendency of any bankruptcy, insolvency, reorganization, receivership or similar proceeding (including under any Debtor Relief Law), regardless of whether allowed or allowable in such proceeding or subject to an automatic stay under Section 362(a) of the Bankruptcy Code or under any Debtor Relief Law). Such guaranty is an absolute, unconditional, present and continuing guaranty of payment and not of collectability and is in no way conditioned or contingent upon any attempt to collect from any Subsidiary or Affiliate of the U.S. Borrower, or any other action, occurrence or circumstance whatsoever. Upon failure by any Credit Party to pay punctually any of the U.S. Borrower Guaranteed Obligations, the U.S. Borrower shall forthwith on demand by the Administrative Agent pay the amount not so paid at the place and in the currency and otherwise in the manner specified in this Agreement or any other applicable agreement or instrument.