Common use of Guaranty; Limitation of Liability Clause in Contracts

Guaranty; Limitation of Liability. (a) Each Guarantor hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturity, by acceleration or otherwise, of all Obligations of each other Loan Party now or hereafter existing under the Loan Documents, whether for principal (including reimbursement for amounts drawn under Letters of Credit), interest, premiums, penalties, fees, indemnifications, contract causes of action, costs, expenses or otherwise (such Obligations being the "Guaranteed Obligations"), and agrees to pay any and all expenses (including reasonable counsel fees and expenses) incurred by the Agent or any other Secured Party in enforcing any rights under this Guaranty and the other Loan Documents. Without limiting the generality of the foregoing, each Guarantor's liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any Loan Party to the Agent or any other Secured Party under the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "“Guaranteed Obligations"”), and agrees to pay any and all expenses (including including, without limitation, all reasonable counsel fees fees, charges and expensesdisbursements of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty and the Agreement or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each Guarantor's ’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor The undersigned hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penaltiespremium, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "Guaranteed ObligationsGUARANTEED OBLIGATIONS"), and agrees to pay any and all expenses (including reasonable counsel including, without limitation, fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty and Supplement, the Guaranty or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each Guarantorthe undersigned's liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "“Guaranteed Obligations"”), and agrees to pay any and all expenses (including reasonable counsel including, without limitation, fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty and the or any other Loan DocumentsDocument. Without To the extent permitted by law, without limiting the generality of the foregoing, each Guarantor's ’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Administrative Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor The undersigned hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of the Borrowers and each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "“Guaranteed Obligations"”), and agrees to pay any and all reasonable out-of-pocket costs or expenses (including reasonable counsel including, without limitation, fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty and Supplement, the Guaranty, the Credit Agreement or any other Loan DocumentsDocument in accordance with Section 9.04 of the Credit Agreement. Without limiting the generality of the foregoing, each Guarantor's the undersigned’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. The undersigned Subsidiary (a) Each Guarantor the “Additional Guarantor”), hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penaltiespremium, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "“Guaranteed Obligations"”), and agrees to pay any and all expenses (including reasonable counsel including, without limitation, fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty and Supplement, the Subsidiary Guaranty or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each the Additional Guarantor's ’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Administrative Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor hereby absolutely, unconditionally and irrevocably irrevocably, jointly and severally ("in solidum") guarantees the punctual payment when due, whether at stated maturity, by acceleration or otherwise, of all Obligations obligations of each other Loan Party now or hereafter existing under the Loan Documentsthis Agreement or any Note, whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnifications, contract causes of action, costs, expenses or otherwise (such Obligations obligations, to the extent not paid by such Loan Party or specifically waived in accordance with Section 9.01, being the "Guaranteed Obligations"), and agrees to pay any and all expenses (including reasonable counsel fees and expenses) incurred by the Administrative Agent or any other Secured Party the Lenders in enforcing any rights under this Guaranty and the other Loan DocumentsArticle VII ("this Guaranty"). Without limiting the generality of the foregoing, each Guarantor's liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any Loan Party to the Administrative Agent or any other Secured Party Lender under the Loan Documents this Agreement or any Note but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor The undersigned hereby absolutely, unconditionally and irrevocably guarantees the punctual payment and performance when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "Guaranteed Obligations"), and agrees to pay any and all reasonable expenses (including reasonable counsel including, without limitation, fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty and Supplement, the Subsidiary Guaranty or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each Guarantorthe undersigned's liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or <PAGE> 2 not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwiseotherwise (or which would have become due but for the operation of any automatic stay in any provision of the bankruptcy code), of all Obligations of each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "“Guaranteed Obligations"”), and agrees to pay any and all expenses (including reasonable counsel including, without limitation, fees and expensesexpenses of counsel) incurred by the Paying Agent or any other Secured Party in enforcing any rights under this Guaranty and the or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each Guarantor's ’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor The undersigned hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of the Borrowers and each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "“Guaranteed Obligations"”), and agrees to pay any and all expenses (including reasonable counsel including, without limitation, fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Lender Party in enforcing any rights under this Guaranty and Supplement, the Guaranty, the Credit Agreement or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each Guarantor's the undersigned’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Agent or any other Secured Lender Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of the Borrower and each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations, but in each case excluding all Excluded Swap Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "“Guaranteed Obligations"”), and agrees to pay any and all expenses (including including, without limitation, reasonable counsel fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Party Lender in enforcing any rights under this Guaranty and the Agreement or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each Guarantor's ’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Administrative Agent or any other Secured Party Lender under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party. This Guaranty is and constitutes a guaranty of payment and not merely of collection.

Guaranty; Limitation of Liability. (a) Each Guarantor The undersigned Subsidiary (the “Additional Guarantor”), hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penaltiespremium, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "“Guaranteed Obligations"”), and agrees to pay any and all expenses (including reasonable counsel including, without limitation, fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty and Supplement, the Subsidiary Guaranty or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each the Additional Guarantor's ’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Administrative Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor Guarantor, jointly and --------------------------------- severally, hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturityscheduled maturity or on any date of a required prepayment or by acceleration, by acceleration demand or otherwise, of all Obligations of each other Loan Party now or hereafter existing under or in respect of the Loan DocumentsDocuments (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal (including reimbursement for amounts drawn under Letters of Credit)principal, interest, premiums, penalties, fees, indemnificationsindemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the "Guaranteed Obligations"), and agrees to pay any and all expenses (including including, without limitation, reasonable counsel fees and expensesexpenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty and the or any other Loan DocumentsDocument. Without limiting the generality of the foregoing, each Guarantor's liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to the Agent or any other Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

Guaranty; Limitation of Liability. (a) Each Guarantor hereby absolutely, unconditionally and irrevocably guarantees guarantees, on a joint and several basis, the punctual payment when due, whether at stated maturity, by acceleration or otherwise, of all Obligations of each other Loan Party the Borrower now or hereafter existing under the Loan Documents, whether for principal (including including, without limitation, reimbursement for of, and providing cash collateral for, amounts drawn or available to be drawn under Letters of Credit), interest, premiums, penalties, fees, indemnifications, contract causes of action, costs, expenses or otherwise (such Obligations being the "Guaranteed Obligations"), " ---------------------- and agrees to pay any and all expenses (including reasonable counsel fees and expenses) incurred by the Administrative Agent or any other Secured Guaranteed Party in enforcing any rights under this Guaranty and the other Loan DocumentsGuaranty. Without limiting the generality of the foregoing, each Guarantor's liability shall extend to all all) amounts that constitute part of the Guaranteed Obligations and would be owed by any Loan Party the Borrower to the Administrative Agent or any other Secured Guaranteed Party under the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such Loan Partyproceeding.