Guaranty of Obligations. The U.S. Borrower hereby unconditionally guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent and the Secured Parties, and their respective successors, endorsees, transferees and assigns, the prompt payment 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 Applicable Insolvency Law or proceeding thereunder, whether created directly with the Administrative Agent or any other Secured Party or acquired by the Administrative Agent or any other Secured Party 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, including all of the foregoing, being hereinafter collectively referred to as the “Bowater Guaranteed Obligations”).
Appears in 7 contracts
Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (Bowater Inc), Credit Agreement (Bowater Inc)
Guaranty of Obligations. The U.S. Borrower Guarantor hereby unconditionally guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent Agents and the Secured PartiesLenders, and their respective successors, endorsees, transferees and assigns, the prompt payment and performance of all Obligations of the BorrowerBorrowers (other than ACC), 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 any such Borrower, whether or not discharged, stayed or otherwise affected by any Applicable Insolvency Law bankruptcy, insolvency or proceeding thereunderother similar law or proceeding, whether created directly with the Administrative any Agent or any other Secured Party Lender or acquired by the Administrative any Agent or any other Secured Party 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 Borrowereach such Borrower to any Agent or Lender, including all of the foregoing, being hereinafter collectively referred to as the “Bowater "Guaranteed Obligations”").
Appears in 3 contracts
Samples: Credit Agreement (Acc Corp), Credit Agreement (Acc Corp), Credit Agreement (Acc Corp)
Guaranty of Obligations. The U.S. Borrower hereby unconditionally guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent and the Secured Parties, and their respective successors, endorsees, transferees and assigns, the prompt payment 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 Applicable Insolvency Law or proceeding thereunder, whether created directly with the Administrative Agent or any other Secured Party or acquired by the Administrative Agent or any other Secured Party 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, including all of the foregoing, being hereinafter collectively referred to as the “"Bowater Guaranteed Obligations”").
Appears in 3 contracts
Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.)
Guaranty of Obligations. The U.S. US Borrower hereby unconditionally guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent and the Secured PartiesLenders, and their respective successors, endorsees, transferees and assigns, the prompt payment of all Obligations of the Canadian 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 Canadian Borrower, whether or not discharged, stayed or otherwise affected by any Applicable Insolvency Law bankruptcy, insolvency or proceeding thereunderother similar law or proceeding, whether created directly with the Administrative Agent or any other Secured Party Lender or acquired by the Administrative Agent or any other Secured Party 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 BorrowerCanadian Borrower to the Administrative Agent and the Lenders, including all of the foregoing, being hereinafter collectively referred to as the “Bowater US Borrower Guaranteed Obligations”).
Appears in 3 contracts
Samples: Credit Agreement (SCP Pool Corp), Amendment to Credit Agreement (SCP Pool Corp), Credit Agreement (Pool Corp)
Guaranty of Obligations. The U.S. Borrower hereby unconditionally guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent and the Secured PartiesLenders, and their respective successors, endorsees, transferees and assigns, the prompt payment of all Obligations of the Belgian 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 Belgian Borrower, whether or not discharged, stayed or otherwise affected by any Applicable Insolvency Law or proceeding thereunder, whether created directly with the Administrative Agent or any other Secured Party Lender or acquired by the Administrative Agent or any other Secured Party 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 Belgian Borrower, including all of the foregoing, being hereinafter collectively referred to as the “Bowater Belgian Borrower Guaranteed Obligations”).
Appears in 2 contracts
Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)
Guaranty of Obligations. The U.S. Domestic Borrower hereby unconditionally guarantees to the Administrative Agent Agent, for the ratable benefit of the Administrative Agent and the Secured PartiesLenders, and their respective successors, endorsees, transferees and assigns, the prompt payment and performance of all Obligations of the Canadian 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 becomes barred by the statute of limitations, whether enforceable or unenforceable as against the BorrowerBorrowers, whether or not discharged, stayed or otherwise affected by any Applicable Insolvency Law bankruptcy, insolvency or proceeding thereunderother similar law or proceeding, whether created directly with the Administrative Agent or any other Secured Party Lender or acquired by the Administrative Agent or any other Secured Party 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 obligationsObligations, including all renewals, extensions or modifications thereof (all Obligations of the Canadian Borrower, including all of the foregoing, being hereinafter collectively referred to as the “Bowater Guaranteed Obligations”).
Appears in 1 contract
Samples: Credit Agreement (G&k Services Inc)
Guaranty of Obligations. The U.S. Borrower hereby unconditionally guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent and the Secured Parties, and their respective successors, endorsees, transferees and assigns, the prompt payment 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 Applicable Insolvency Law or proceeding thereunder, whether created directly with the Administrative Agent or any other Secured Party or acquired by the Administrative Agent or any other Secured Party 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, including all of the foregoing, being hereinafter collectively referred to as the “Bowater Guaranteed Obligations”).. --
Appears in 1 contract
Samples: Credit Agreement (Bowater Inc)
Guaranty of Obligations. The U.S. Borrower hereby unconditionally guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent and the Secured Parties, and their respective successors, endorsees, transferees and assigns, the prompt payment 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 Applicable Insolvency Law or proceeding thereunder, whether created directly with the Administrative Agent or any other Secured Party or acquired by the Administrative Agent or any other Secured Party 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, including all of the foregoing, being hereinafter collectively referred to as the “"Bowater Guaranteed Obligations”").. --
Appears in 1 contract
Guaranty of Obligations. The U.S. Borrower Parent Guarantor hereby absolutely and unconditionally guarantees to the Administrative Agent for the ratable benefit of the Administrative Agent and the Secured PartiesLenders, and their respective successors, endorsees, transferees and assigns, the prompt payment and performance of all Obligations of the Borrowerany Loan Party, 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 Borrowersuch Loan Party, whether or not discharged, stayed or otherwise affected by any Applicable Insolvency Law bankruptcy, insolvency or proceeding thereunderother similar law or proceeding, whether created directly with the Administrative Agent or any other Secured Party Lender or acquired by the Administrative Agent or any other Secured Party 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 Borrowerany Loan Party, including all of the foregoing, being hereinafter collectively referred to as the “Bowater Guaranteed Obligations”).
Appears in 1 contract
Samples: Credit Agreement (Medcath Corp)