Guaranty of Obligations of the Borrower. Each Guarantor hereby, jointly and severally with each other Guarantor, unconditionally, absolutely and irrevocably guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent and the Lenders, and their respective successors, endorsees, transferees and assigns, the prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of all Obligations of the Borrower, whether primary or secondary (whether by way of endorsement or otherwise), whether now existing or hereafter arising, whether or not from time to time reduced or extinguished (except by payment thereof) or hereafter increased or incurred, whether or not recovery may be or hereafter become barred by the statute of limitations, whether enforceable or unenforceable as against the Borrower, whether or not discharged, stayed or otherwise affected by any bankruptcy, insolvency or other similar law or proceeding, whether created directly with the Administrative Agent or any Lender or acquired by the Administrative Agent or any Lender through assignment, endorsement or otherwise, whether matured or unmatured, whether joint or several, as and when the same become due and payable (whether at maturity or earlier, by reason of acceleration, mandatory repayment or otherwise), in accordance with the terms of any such instruments evidencing any such obligations, including all renewals, extensions or modifications thereof (all Obligations of the Borrower to the Administrative Agent or any Lender, including all of the foregoing, being hereinafter collectively referred to as the "Guaranteed Obligations"); provided, that notwithstanding anything to the contrary contained herein, it is the intention of the Guarantors and the Lenders that, in any proceeding involving the bankruptcy, reorganization, arrangement, adjustment of debts, relief of debtors, dissolution or insolvency or any similar proceeding with respect to any Guarantor or its assets, the amount of such Guarantor's obligations with respect to the Obligations shall be in, but not in excess of, the maximum amount thereof not subject to avoidance or recovery by operation of applicable law governing bankruptcy, reorganization, arrangement, adjustment of debts, relief of debtors, dissolution, insolvency, fraudulent transfers or conveyances or other similar laws (including, without limitation, 11 U.S.C. ss.547, ss.548 and ss.550 and other "avoidance" provisions of Title 11 of the United States Code), applic...
Guaranty of Obligations of the Borrower. Guarantor hereby, jointly and severally with any other guarantor of the Guaranteed Obligations (as hereinafter defined), fully and unconditionally guarantees, up to and limited to not more than the Guaranteed Amount as set forth in Section 2.2, to Lender and its successors, endorsees, transferees and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and the full and prompt performance of (a) the Obligations including, without limitation, (i) all principal of and interest (including, without limitation, any interest which accrues after the commencement of any case, proceeding or other action relating to the bankruptcy, insolvency or reorganization of Borrower) on the Loans under the Credit Agreement and (ii) all other amounts payable and all obligations to be performed by Borrower under the Credit Agreement or any other Loan Document and (b) any amendments, modifications, restatements, substitutions, replacements, renewals, extensions or refinancings of any of the foregoing (subject to the Guaranteed Amount, collectively, the “Guaranteed Obligations”). Guarantor agrees that this Guaranty is a guaranty of payment and performance and not of collection, and that its obligations under this Guaranty shall be primary, absolute and unconditional, irrespective of, and unaffected by:
