Common use of Guaranty of Payment Clause in Contracts

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 21 contracts

Samples: Credit Agreement (Highland Transcend Partners I Corp.), Credit Agreement (Cricut, Inc.), Credit Agreement (Cricut, Inc.)

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Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 20 contracts

Samples: Credit Agreement (F45 Training Holdings Inc.), Credit Agreement (F45 Training Holdings Inc.), Credit Agreement (Potbelly Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 15 contracts

Samples: Credit Agreement, Credit Agreement (Aramark), Credit Agreement (Aramark)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 15 contracts

Samples: Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 15 contracts

Samples: Credit Agreement (Medifast Inc), Credit Agreement (Integral Ad Science Holding Corp.), Credit Agreement (Flywire Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank LC Issuer or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”)Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 14 contracts

Samples: Credit Agreement (Star Group, L.P.), Credit Agreement (Star Group, L.P.), Credit Agreement (Star Gas Partners Lp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative any Agent, the any Issuing Bank or any Lender to xxx any Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.. As an original and independent obligation under this Loan Guaranty, each Loan Guarantor shall:

Appears in 13 contracts

Samples: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc), Fourth Amendment (Office Depot Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 13 contracts

Samples: Credit Agreement (Virtusa Corp), Credit Agreement (Mimecast LTD), Credit Agreement (Virtusa Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 10 contracts

Samples: Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp), Execution Version     Export Credit Agreement (Sifco Industries Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 10 contracts

Samples: Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (A.S.V., LLC), Assignment and Assumption (Omnova Solutions Inc)

Guaranty of Payment. This Loan Facility Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative any Agent, the Issuing Bank any LC Issuer or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 9 contracts

Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx sue any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 8 contracts

Samples: Credit Agreement (Archrock, Inc.), Credit Agreement and Waiver (Bed Bath & Beyond Inc), Credit Agreement and Waiver (Bed Bath & Beyond Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative any Agent, the any Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral securing all or any part of the Guaranteed Obligations.

Appears in 7 contracts

Samples: Abl Credit Agreement (Petco Holdings Inc), Assignment and Assumption (TMS International Corp.), Term Loan Credit Agreement (TMS International Corp.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral Collateral securing all or any part of the Guaranteed Obligations. The Administrative Agent may enforce this Loan Guaranty upon the occurrence and during the continuance of an Event of Default.

Appears in 7 contracts

Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals PLC)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan U.S. Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any Borrower, any Loan U.S. Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the U.S. Guaranteed Obligations (each, an a U.S. Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the U.S. Guaranteed Obligations.

Appears in 7 contracts

Samples: Joinder Agreement (Levi Strauss & Co), Joinder Agreement (Levi Strauss & Co), Joinder Agreement (Levi Strauss & Co)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor Party Obligor waives any right to require the Administrative Agent, the Issuing Bank Agent to sue or any Lender to xxx otherwise take action against any Borrower, any other Loan GuarantorParty Obligor, any other guarantor ofOther Obligor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”)Obligations, or otherwise to enforce its payment against any collateral Collateral securing all or any part of the Guaranteed Obligations.

Appears in 7 contracts

Samples: Loan and Security Agreement (Aytu Biopharma, Inc), Loan and Security Agreement (Rubicon Technologies, Inc.), Loan and Security Agreement (Rubicon Technologies, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 7 contracts

Samples: Credit Agreement (U.S. Auto Parts Network, Inc.), Credit Agreement (Chefs' Warehouse, Inc.), Credit Agreement (Chefs' Warehouse, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 6 contracts

Samples: Credit Agreement (Ebix Inc), Credit Agreement (Orchids Paper Products CO /DE), Credit Agreement (Bluestem Brands, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank any L/C Issuer or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”)Guarantied Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Guarantied Obligations.

Appears in 6 contracts

Samples: Assignment and Assumption (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 6 contracts

Samples: Second Lien Credit Agreement (RTI Surgical Holdings, Inc.), Assignment and Assumption (RTI Surgical Holdings, Inc.), Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Credit Agreement (FIGS, Inc.), Credit Agreement (Franklin Covey Co), Credit Agreement (Axon Enterprise, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any sxx the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Credit Agreement (CompoSecure, Inc.), Credit Agreement (Charlotte's Web Holdings, Inc.), Credit Agreement (Charlotte's Web Holdings, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank LC Issuer or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx sue any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc), Credit Agreement (Kodiak Gas Services, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any sue the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Credit Agreement (Integral Ad Science Holding Corp.), Credit Agreement (Etsy Inc), Credit Agreement (Align Technology Inc)

Guaranty of Payment. This Loan U.S. Guaranty is a guaranty of payment and not of collection. Each U.S. Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender Party to xxx any Borrower, any other U.S. Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative any Agent, the Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Assignment and Assumption (Edgen Group Inc.), Assignment and Assumption (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any sue the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Amended and Restated Credit Agreement (Mesa Laboratories Inc /Co/), Credit Agreement (Nerdwallet, Inc.), Credit Agreement (Potbelly Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender Secured Party to xxx any Borrower, any Loan GuarantorParty, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Smurfit Stone Container Corp), Credit Agreement (Smurfit Stone Container Corp), Credit Agreement (Smurfit Stone Container Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral Collateral securing all or any part of the Guaranteed Obligations. The Administrative Agent may enforce this Loan Guaranty upon the occurrence and during the continuance of an Event of Default.

Appears in 4 contracts

Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx sxx any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Winnebago Industries Inc), Credit Agreement (Clarus Corp), Credit Agreement (Clarus Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender Party to xxx any Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (eacheach of the Borrowers, each Loan Guarantor, each other guarantor or such other Person, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral Collateral securing all or any part of the Guaranteed Obligations. The Administrative Agent may enforce this Loan Guaranty at any time when an Event of Default exists.

Appears in 4 contracts

Samples: Joinder Agreement (Cotiviti Holdings, Inc.), Joinder Agreement (Cotiviti Holdings, Inc.), Joinder Agreement (Cotiviti Holdings, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Kimball International Inc), Assignment and Assumption (Kimball Electronics, Inc.), Assignment and Assumption (Kimball International Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx sxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Energy Conversion Devices Inc), Credit Agreement (Mgi Pharma Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Neiman Marcus, Inc.), Credit Agreement (Neiman Marcus, Inc.), Credit Agreement (Neiman Marcus Group Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank LC Issuer or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”)Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Brush Engineered Materials Inc), Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Northern Tier Energy LP), Credit Agreement (Northern Tier Energy LP), Credit Agreement (Northern Tier Energy, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Joinder Agreement (Macquarie CNL Global Income Trust, Inc.), Credit Agreement (Fuel Tech, Inc.), Credit Agreement (Fuel Tech, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Par Technology Corp), Credit Agreement (Compressco Partners, L.P.), Joinder Agreement (Compressco Partners, L.P.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender Party to xxx any Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Intercreditor Agreement (Wesco International Inc), Credit Agreement (Vitran Corp Inc), Employment Agreement (Wesco International Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, Borrower or any Loan Guarantor, or any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx sxx any Borrower, Borrower or any Loan Guarantor, or any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Escalade Inc), Credit Agreement (Escalade Inc), Credit Agreement (Orthofix International N V)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require , and neither the Administrative Agent, Agent nor the Issuing Bank or Lenders shall be under any Lender obligation to xxx take any Borrower, any Loan Guarantor, any other guarantor of, action against the Borrower or any other Person obligated for, all or person liable with respect to any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise resort to enforce its payment against any collateral security securing all or any part of the Guaranteed ObligationsObligations or this Guaranty as a condition precedent to the Guarantor being obligated to make payment and perform as agreed herein.

Appears in 3 contracts

Samples: Interest Guaranty (Alexanders Inc), Leasing Costs Guaranty (Alexanders Inc), Loan Agreement (Alexanders Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any sxx the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Assignment and Assumption (ExlService Holdings, Inc.), Credit Agreement (Medifast Inc), Credit Agreement (Sailpoint Technologies Holdings, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative either Agent, the any Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Park Ohio Industries Inc/Oh), Credit Agreement (Park Ohio Industries Inc/Oh), Credit Agreement (Park Ohio Holdings Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank L/C Issuer or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Firstcash, Inc), Credit Agreement (First Cash Financial Services Inc), Credit Agreement (First Cash Financial Services Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any sxx the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Aceto Corp), Credit Agreement (Aceto Corp), Credit Agreement (Aceto Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any the Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral Collateral securing all or any part of the Guaranteed Obligations. The Administrative Agent may enforce this Loan Guaranty upon the occurrence and during the continuance of an Event of Default.

Appears in 3 contracts

Samples: First Lien Credit Agreement (Post Holdings, Inc.), Credit Agreement (PSAV, Inc.), Assignment and Assumption (PSAV, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an "Obligated Party"), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (HF Foods Group Inc.), Credit Agreement (HF Foods Group Inc.), Morgan     Credit Agreement (Acorda Therapeutics Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any sxx the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (CF Industries Holdings, Inc.), Credit Agreement (Superior Offshore International Inc.), Credit Agreement (Lifetime Brands, Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor Borrower waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx sxx any other Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations, until such time as the Guaranteed Obligations are indefeasibly paid in full.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Intercreditor Agreement (Interline Brands, Inc./De), Intercreditor Agreement (Interline Brands, Inc./De), Credit Agreement (Interline Brands, Inc./De)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral Collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Clean Harbors Inc), First Amendment (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender or other holder of obligations to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Year Credit Agreement (S&P Global Inc.), Assignment and Assumption (McGraw Hill Financial Inc), Joinder Agreement (McGraw-Hill Companies Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank any Agent or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Petco Holdings Inc), Credit Agreement (Amscan Holdings Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan Agreement (Lifetime Brands, Inc), Assignment and Assumption (Interline Brands, Inc./De)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx sue any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Chefs' Warehouse, Inc.), Credit Agreement (Chefs' Warehouse, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative any Agent, the any Issuing Bank or any Lender to xxx sue any Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.. As an original and independent obligation under this Loan Guaranty, each Loan Guarantor shall:

Appears in 2 contracts

Samples: Fourth Amended (ODP Corp), Second Amendment (ODP Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Australian Security Trustee or any Lender to xxx any sue the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (F45 Training Holdings Inc.), Assignment and Assumption (F45 Training Holdings Inc.)

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Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx sue any Borrower, or any Loan Guarantor, or any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (TimkenSteel Corp), Credit Agreement (TimkenSteel Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any sue the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan Agreement (Lifetime Brands, Inc), Loan Agreement (Lifetime Brands, Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the ABL Administrative Agent, the any Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp), Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.. 100

Appears in 2 contracts

Samples: Credit Agreement (Clear Secure, Inc.), Credit Agreement (Clear Secure, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any sue the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each of the Loan Guarantor Guarantors waives any right to require the Administrative Agent, Bank to xxx the Issuing Bank Borrower or any Lender to xxx any Borrower, any of the other Loan GuarantorGuarantors, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party” and collectively, the “Obligated Parties”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Orion Energy Systems, Inc.), Credit Agreement (Orion Energy Systems, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the any Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (ExlService Holdings, Inc.), Credit Agreement (Maytag Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender or other holder of obligations to xxx any sxx the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (McGraw Hill Financial Inc), Joinder Agreement (McGraw-Hill Companies Inc)

Guaranty of Payment. This Loan U.S. Guaranty is a guaranty of payment and not of collection. Each U.S. Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender Party to xxx any Borrower, any other U.S. Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations. SECTION 10.03.

Appears in 2 contracts

Samples: Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each To the extent permitted by applicable law, each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Roblox Corp), Credit Agreement (Roblox Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any sue the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (eachthe Borrower, each Loan Guarantor, each other guarantor or such other Person, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral Collateral securing all or any part of the Guaranteed Obligations. The Administrative Agent may enforce this Loan Guaranty in accordance with the provisions of the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Cava Group, Inc.), Credit Agreement (Cava Group, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and paymentand not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any suethe Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of partof the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral againstany Collateral securing all or any part of the Guaranteed Obligations.SECTION 10.03

Appears in 2 contracts

Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives The Parent Borrower waives, to the extent permitted by applicable law, any right to require the Administrative any Agent, the any Issuing Bank Lender or any Lender to xxx sxx any Foreign Subsidiary Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Monsanto Co /New/), Year Credit Agreement (Monsanto Co /New/)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any either Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Indalex Holding Corp.), Credit Agreement (Indalex Holdings Finance Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any either Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral Collateral securing all or any part of the Guaranteed Obligations. The Administrative Agent may enforce this Loan Guaranty upon the occurrence and during the continuance of an Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Am-Source, LLC)

Guaranty of Payment. This Loan Guaranty is a continuing guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender Secured Party to xxx sue any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Vestis Corp), Credit Agreement (Vestis Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any sue either Borrower, any Loan Guarantor, any other guarantor of, Guarantor or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral Collateral securing all or any part of the Guaranteed Obligations. The Administrative Agent may enforce this Loan Guaranty upon the occurrence and during the continuance of an Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.)

Guaranty of Payment. This Loan Guaranty is a continuing guaranty and a guaranty of payment payment, and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Unisys Corp), Credit Agreement (Unisys Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and performance and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any sue Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral Collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan Agreement (TerrAscend Corp.), Loan Agreement (TerrAscend Corp.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor Borrower waives any right to require the Administrative Agent, the Issuing Bank or Agent to sxx any Lender to xxx any other Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations, until such time as the Guaranteed Obligations are indefeasibly paid in full.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Subordinated Term Loan and Security Agreement (Summit Healthcare REIT, Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank any Agent or any Lender to xxx any the Borrower, any other Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx sue any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (SMG Industries Inc.), Senior Secured (Bed Bath & Beyond Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated PartyParty ”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.. SECTION 10.03

Appears in 2 contracts

Samples: Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor Parent waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, any Loan GuarantorSWM Philippines, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Schweitzer Mauduit International Inc), Credit Agreement (Schweitzer Mauduit International Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Term Administrative Agent, the Issuing Bank Agent or any Term Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Orchard Supply Hardware Stores Corp), Credit Agreement (Orchard Supply Hardware Stores Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx sue or otherwise take action against any Borrower, any Loan other Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”)Obligations, or otherwise to enforce its payment against any collateral Collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Salem Media Group, Inc. /De/), Loan and Security Agreement (Audioeye Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any Borrower, Borrower or any Loan Guarantor, or any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an "Obligated Party"), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (CSW Industrials, Inc.), Credit Agreement (Orthofix Medical Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx sue or otherwise take action against any Borrower, any Loan other Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”)Obligations, or otherwise to enforce its payment against any collateral Collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Super Priority (iMedia Brands, Inc.), Loan and Security Agreement (SkyWater Technology, Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Assignment and Assumption (Gorman Rupp Co), Term Credit Agreement (Paycom Software, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Par Technology Corp), Credit Agreement (Rand Worldwide Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx or otherwise take action against any Borrower, any Loan other Guarantor, any other guarantor of, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”)Obligations, or otherwise to enforce its payment against any collateral Collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (FreightCar America, Inc.), Loan and Security Agreement (Transact Technologies Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the any Administrative Agent, the any Issuing Bank or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an "Obligated Party"), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Systemax Inc), Credit Agreement (Calgon Carbon Corporation)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank LC Issuer or any Lender to xxx sxx any Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”)Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Integrated Electrical Services Inc), Credit Agreement (Action Performance Companies Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Lender or any Lender to xxx any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.. Section 3.03

Appears in 2 contracts

Samples: Credit Agreement (Dillard's, Inc.), Credit Agreement (Dillard's, Inc.)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to xxx any sxx the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Joinder Agreement (Material Sciences Corp), Joinder Agreement (Material Sciences Corp)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any sxx the Borrower, any Loan Guarantor, any other guarantor ofguarantor, or any other Person person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Joinder Agreement (McGraw-Hill Companies Inc), Joinder Agreement (McGraw-Hill Companies Inc)

Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank Agent or any Lender to xxx any Borrowerthe Borrowers, any Loan other Guarantor, any other guarantor ofguarantor, or any other Person obligated for, for all or any part of the Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against rights in respect of any collateral Collateral securing all or any part of the Guaranteed Obligations. The Administrative Agent may enforce this Loan Guaranty upon the occurrence and during the continuance of an Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Kleopatra Holdings 2 S.C.A.), Credit Agreement (Orion Engineered Carbons S.A.)

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