Guaranty of Guaranteed Obligations. Each Guarantor unconditionally guarantees to the Collateral Agent, jointly with the other Guarantors and severally, as a primary obligor and not merely as a surety, the due and punctual payment and performance of the Obligations other than the Excluded Hedging Obligations (the “Guaranteed Obligations”) for the ratable benefit of the Secured Parties (which, for the avoidance of doubt, include each of the following: the Collateral Agent, the Administrative Agent, the Issuing Bank, each Lender, each Hedge Bank that is party to any Secured Hedge Agreement, each Cash Management Bank that is a party to any Secured Cash Management Agreement and each sub-agent appointed pursuant to Section 12.2 of the Credit Agreement by the Administrative Agent with respect to matters relating to the Credit Documents or by the Collateral Agent with respect to matters relating to any Security Document). Each Guarantor further agrees that the Guaranteed Obligations may be extended, modified, amended or renewed, in whole or in part, without notice to or further assent from it, and that it will remain bound upon its guarantee notwithstanding any extension, modification, amendment or renewal of any Guaranteed Obligation. To the extent permitted by applicable Requirements of Law, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other Subsidiary Party of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment.
Appears in 2 contracts
Samples: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp)
Guaranty of Guaranteed Obligations. Each Guarantor unconditionally guarantees to the Collateral Agent, jointly with the other Guarantors and severally, as a primary obligor and not merely as a surety, the due and punctual payment and performance of the Obligations other than the Excluded Hedging Obligations (the “Guaranteed Obligations”) for the ratable benefit of the Secured Parties (which, for the avoidance of doubt, include each of the following: the Collateral Administrative Agent, the Administrative Collateral Agent, the Issuing Bank, each Lender, each Hedge Bank that is party to any Secured Hedge Agreement, each Cash Management Bank that is a party to any Secured Cash Management Agreement and each sub-agent appointed pursuant to Section 12.2 of the Credit Agreement by the Administrative Agent with respect to matters relating to the Credit Documents or by the Collateral Agent with respect to matters relating to any Security DocumentDocument (collectively, the “Secured Parties”). Each Guarantor further agrees that the Guaranteed Obligations may be extended, modified, amended or renewed, in whole or in part, without notice to or further assent from it, and that it will remain bound upon its guarantee notwithstanding any extension, modification, amendment or renewal of any Guaranteed Obligation. To the extent permitted by applicable Requirements of Law, each Each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other Subsidiary Credit Party of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment.
Appears in 2 contracts
Samples: Credit Agreement (MBOW Four Star, L.L.C.), Guarantee Agreement (MBOW Four Star, L.L.C.)
Guaranty of Guaranteed Obligations. Each Guarantor (other than the U.S. Borrower with respect to its Obligations under the Credit Agreement) unconditionally guarantees to the Collateral Administrative Agent, jointly with the other Guarantors and severally, as a primary obligor and not merely as a surety, the due and punctual payment and performance of the Obligations other than (as defined in the Excluded Hedging Obligations Collateral Agreement) (the “Guaranteed Obligations”) for the ratable benefit of (i) the Secured Parties Lenders, (which, for the avoidance of doubt, include each of the following: the Collateral Agent, ii) the Administrative Agent, the (iii) each Issuing Bank, (iv) each Lender, each Hedge Bank that is party counterparty to any Secured Hedge AgreementSwap Agreement with a Loan Party the obligations under which constitute Obligations, (v) the beneficiaries of each Cash Management Bank that is a party to indemnification obligation undertaken by any Secured Cash Management Agreement and each sub-agent appointed pursuant to Section 12.2 Loan Party under any Loan Document and, (vi) the providers of the Credit Agreement by Overdraft Line, the Administrative Agent with obligations in respect to matters relating to of which constitute Obligations and (vii) the Credit Documents or by successors and permitted assigns of each of the Collateral Agent with respect to matters relating to any Security Documentforegoing (collectively, the “Secured Parties”). Each Guarantor further agrees that the Guaranteed Obligations may be extended, modified, amended extended or renewed, in whole or in part, without notice to or further assent from it, and that it will remain bound upon its guarantee notwithstanding any extension, modification, amendment extension or renewal of any Guaranteed Obligation. To the extent permitted by applicable Requirements of Law, each Each Guarantor waives presentment to, demand of payment from and protest to the any Borrower or any other Subsidiary Loan Party of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment.
Appears in 1 contract
Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.)